Hundreds of
thousands of British and other nationalities
have bought property in Spain without problems over several
decades. Your solicitor (and your bank / mortgage
company, if taking out a mortgage) should ensure that the
property and or land is totally legal (or can be legalised)
that it is registered correctly at the land registry. They
can also enquire at the town hall about any existing plans
to develop or change the use of the land near to or around
your intended property ( e.g. new railways, roads,
urbanisations ,land fill sites etc). In addition they should
check that there are no outstanding debts and the
status of any mortgages on the property. Building licences
should be approved by the Provincial Authority (e.g.
Valencia in the case of the Costa Blanca area, Murcia in the
case of Costa Calida) to ensure that any new developments or
new builds are approved and legal. Local Town Hall approval
is not sufficient for new properties being built upon land
that is classified as Rustic.
Beware of
Guaranteed Rental Income claims and read any small print
very carefully !! These schemes may only last a year or so
and you could be left stranded if your budget includes
rental income. Also remember that you will be liable to pay
tax on profits of any rental income generated.
Please read the
related topics on the LRAU Law /
Land Grab Law situation.
and Illegally built properties. As a general rule, If you
buy a property in an area that has already been urbanised,
you should not be subject to the application of this
law. Your solicitor will be able to verify accordingly.
If you buy country property on rustic land, you could be
subject to the land grab law at some time in the future
UNLESS this unfair law is abolished by the European courts.
In general
allow about 10% over the title deed value of the property to
cover taxes and legal fees.
You should be
able to raise approximately 20-30% of your property price as
mortgages in Spain for Non Residents are normally 70% - 80%
of the property valuation.
BUYING A RESALE PROPERTY
1.Open
a Spanish bank account
and check / arrange a mortgage /
insurances etc.
2.
Select the
area and property which suits your requirements and budget.
3. Engage the services of an
INDEPENDENT solicitor at this stage to check for potential
problems.
4. Arrange
power of attorney (if required) with your solicitor or agent
and obtain your NIE numbers. (The NIE number
enables you to pay the appropriate taxes in Spain.)
5.
Make
the reservation to secure the
property (normally € 3000 euros) have your solicitor check
the reservation contract before paying any money.
6. Pay deposit
of around 10%
within about a month of reservation
(possibly transferred to Spain via an
FX company)
7. Arrange
a date and time visit the
public notary to sign the deeds.
8. Transfer funds if required (via an
FX company to save you money on exchange rates)
SEE Foreign Exchange Links
9. Attend the
Notary appointment with
funds to pay for the property and
sign the deeds.
10. Arrange
for for insurances and transfer of
utility services into your name.
11. Your solicitor should also take care of
other issues such as land registry entries and paying
appropriate taxes.
BUYING
OFF PLAN OR NEW
PROPERTY
1. Find
the property that you want to buy.
2. Open a
Spanish bank account.
3. Reserve the property
normally €
3,000 by cash, bankers draft or bank transfer.
4. Engage
the services of a solicitor to check for
potential problems, planning permissions, land
registry,
building licences, bank guarantees etc. and arrange
NIE numbers.
5. Sign
the purchase contract
and pay the agreed deposit
– within about 4 weeks
6. During
construction you
will normally make pre-agreed
stage payments.
7. Your
builder or will notify you of the
proposed completion date.
8. Your
mortgage fund should be in place
if you should require one.
9. Transfer
stage payments (using a Foreign Exchange company perhaps)
10. Request that your agent checks on
progress and FINAL completion of the property
11. Agree a date and time with the
builder to inspect the property for
completeness .
11. Organise
insurances.
12.
Arrange Notary
visit to pay for the property and sign the
deeds.
13.
Your solicitor should also take care of other
issues such as land registry and paying appropriate taxes
and utility connections.