GUIDE TO BUYING A PROPERTY IN SPAIN

BUYING GUIDE

The following 6 steps explain you the buying process.

1: Set your budget and understand the cost of buying.

It’s important to understand the purchase costs associated with buying a Spanish property, like purchase fees and taxes. Costs can vary depending on whether you’re buying a second-hand property or a new build property.

Transfer tax:

7 % transfer tax on the purchase price.

Stamp duty tax – only in case of new built property

10 % stamp duty tax (IVA) on the purchase price.

Notary fees (fixed scale) and Land Registry fees (approx. 40% of the notary fees). The total will be around 1% of the purchase price.

Plusvalía tax is normally paid by the seller. This is a tax levied by the local town hall, based on the area where the property is located and calculated on the increase in value of the land occupied by the property since the last purchase.

Retention tax & Capital Gains tax is paid by the seller.

A non-resident seller is liable to a retention tax of 3% of the purchase price retained in lieu of capital gains tax. It is however the responsibility of the purchaser to enforce this retention, deducted from the final payment in notary. The solicitor will arrange this for you. A resident seller is liable to a capital gains tax of 19% calculated on the difference between the declared price when purchased and the declared sale price.

LEGAL ADVICE

We advise all buyers to have their own solicitor. There are many excellent English speaking lawyers in Spain who will assist you in the various steps from reservation until completion of purchase. Your solicitor is your guarantee that all Spanish legal requirements are met, that the property is registered in the seller’s name and that it is free from mortgages, charges, encumbrances, debts or other liabilities. Your solicitor will also negotiate and discuss the purchase terms with the seller or his solicitor. Also Power of Attorney can be given to your solicitor or any other person.

A solicitor will typically charge 1% of the purchase price.

Any buyer must have an NIE number. It is a fiscal number that must be obtained by the purchaser in order to register the property. Your solicitor will help you to obtain this.

2: Find the right agent

As your agent, we will help you to find your dream home and guide you through the entire buying process and ensure you that the buying process runs smoothly.

We can help you to find the right solicitor and to open a bank account. We work with several solicitors, all of them speak English, Spanish and other various languages. Some also Danish and Swedish. The solicitor assists with the changeover of electricity, water and any other requirement.

If you need a mortgage in connection with the sale, it’s important that you have investigated possible credits before signing.

As your realtor, we’re with you every step of the way, from dream to purchase. Set your budget and understand the buying costs.

3: Find your dream home

Firstly think about the area where you want your property to be located. Should it be close to the coast, mountains or something else?

Based on your requiremants and budget, we’ll make a list of potential properties for you. Together we go through the list and decide which properties you would like to view.

When we find your dream home, we will make an offer, negotiate the price with the seller and get you the best possible deal.

We will guide you with our knowledge of prices in the areas and possible dialogue with the seller.

When the offer is accepted, a reservation agreement must be signed and a deposit must be paid. The property is then taken off the market, until the signing of the private purchase contract.

We can also work for you as property finder. All real estate agents in this area collaborate, which means that we can view any property on the market. Based on your requirements and budget, we’ll always be able to find you the right property.

4: Execution of the Private Purchase Contract (PPC)

Once the property has been reserved, your solicitor will start drafting a Private Purchase Contract (PPC) between you and the seller.

This contract is signed within two weeks after the reservation of the property. During this period, the lawyer will make all necessary enquiries about the property, the related paperwork and secure the legalities.

They will also work with you to resolve any specific conditions or clauses that need to be included in the private contract.

When signing the private contract, it is common for the buyer to pay a deposit of 10% of the purchase price.

In case of a new construction, the deposit and purchase agreement are different and can be between 30% and 50% of the purchase price before construction is complete.

It’s important to remember that we provide comprehensive assistance throughout the buying process and beyond.

Throughout the process, we’re of course available to answer any queries, provide regular updates and ensure a smooth transaction.

5: The handover day

Your solicitor will prepare everything and contact you to arrange a day that suits buyer and seller.

The solicitor will finalise the last stage of the purchase process with the local notary, who oversees the signing of the deed (Escritura de Compraventa) by the seller and buyer. Only deeds that are authorised and signed by a registered notary are legal. When the deed is signed, the buyer must pay the remainder of the purchase price and the purchase costs.

6: Procedures after completion

Once the new deed is signed by all parties and subsequently “notarised”, you officially become the legal owner of your property. Your solicitor will register the deed at the local land registry office.

In addition, your solicitor will take all necessary steps to register you as the rightful owner of the property with the local tax office, utility companies and your homeowners’ association.

It’s important to emphasise that our service doesn’t stop here. We will provide ongoing support for any issues that may arise after you’ve moved into your new home.