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Buying Property in Spain

This page gives you the information you need before buying in Spain. 

Buying property.

If you are thinking of buying property here in Spain there are a few things you should be aware of.

1

Your budget. Whatever it is, you should allow 10%  above the purchase price for the tax and fees. Although it hardly ever comes to this, but this is a good guide for what it may cost you. On an older property add 7%.

 

2

Buyer beware of the Black Money. It is still common practice here in Spain for the vendor to hide the real sale price of a property. This usually happens on second hand properties and is done to defraud the Tax office.

Some estate agents will encourage you to pay the black money in cash because they may have a deal with the vendor that they will get paid their commission in cash when the deal is done.

The payments made in cash are invisible and are not shown on the deeds this is why it is called black money. 

If you go along with the purchase of a property using black money you will gain nothing. The vendor gains by not having to pay so much capital gains tax.

When you sell the property you lose by paying more capital gains tax unless you are willing to break the law.

Over the past few years the laws have been changing and new restrictions have been put in place to counteract money laundering. These laws and restrictions have been targeted at Tax advisors, lawyers, Spanish Notaries, bankers and financial advisors in relation to advice given on setting up companies and the property market.

The fore mentioned professionals are now duty bound to notify any underhanded dealings to SEPBLAC (Servicio Ejecutivo para la prevencion del Blanqueo de capitales - Bank of Spain) Failure to report these dealings these professionals can be prosecuted and even sent to jail.

3

Avoid buying a property with vacant land next to it. Even if you are told it is, green belt as vacant land is often built on, so if it’s important for you not to live next to a future building site don’t buy the property until you check with the planning office of the local town hall.

4

You should be aware that if the property you are thinking of buying has any debt attached to it, and you buy the property without checking,  you will be liable for that debt. This is why it is important to have a good English speaking solicitor. The solicitor can get what is called a (nota simple informativa) . This document will show if there is any debt on the property you are going to buy, and will cover you against additional unforeseen costs .

Property Directory

To go to our Estate Agent directory for links to: Estate Agents in Southern Spain and the E.U. Click Here

Buying off plan.

 

Buying off plan.

Before you even think of buying off plan you must make sure that the developer or builder has a Bank Guarantee (termination guarantee or insurance policy) to safeguard your money in the case of bancruptcy of the said developer (builder) before the property is completed. If no such document is available do not buy the property.

When you are satisfied that a termination guarantee exists you can then proceed by obtaining the following documentation. House maps, Building Specifations, Price of the property and terms of payment, Inscription details of the builder (developer) You can get these details at Registro Mercantil, (Spanish Company registry) Details of the maintanance of the installations and the instructions of their use. Property discription with details of common areas and services and cost of services.

 

If completion does not take place on time, all the damages, costs, rental payments suffered could be claimed as a compensation for the delayed completion the building works.

 

When buying property off plan, that is a property still to be built or which is partly built.  Payment is made in instalments .these instalments can vary considerably but usually a 40% deposit and then 60 % on completion. Fixed amount every three to six months is also possible. If a property is already under construction then the developer may ask for a larger deposit, this will depend on the stage of construction.

 

Most essential

GET A GOOD ENGLISH SPEAKING SPANISH LAWYER

The reservation contract

The reservation contract takes the property off the market for a period of time.

A minimum of 4 weeks. This is the amount of time that would be needed  for your lawyer to make all the necessary checks on the property before you sign or make any other payment.

The reservation fee is usually  2,500 to 7,000 euros.

It is very important for your Spanish lawyer to inspect this contract, because if you do not proceed because of a legal problem you should entitled to the return of your deposit, but if you don’t proceed because you have changed your mind you will lose the deposit that you paid.

If you are not satisfied

You should refuse to purchase the property if you aren’t completely satisfied with everything, as it’s difficult or impossible to change anything after you have signed.

Another thing you must be aware of when buying a new property here in spain, is that newly built properties don't usually have a kitchen fitted. This is left for you to decide about the style and cost. As you know, a new kitchen can be expensive. So if you are thinking of buying a new property find out if a kitchen is included in the price. If not budget accordingly. If you have found your dream home, but need a kitchen fitted. Please go to our contact page. Email us with your requirements and we may be able to help find that new kitchen for you, and have it fitted at an affordable price. At this moment we only deal with the Costa Tropical reigon. but we are hoping to have links to tradesmen in other reigons soon.

Other trades we can supply are: Plumbers, Electricians, Builders, Mechanics, Carpenters and we can even have a website built for you.

If you are in need of any of the above trades, please contact us   

For some extra information on problems and what you should be aware of when buying property in Spain go here

Buyers check list

  • Seek advice from a Spanish solicitor (Abogado) Try and find one that speaks English.
  • Ask about the tax you have to pay, before you make an offer. The tax can be quite a lot of money and if you don’t ask you could be left short of the asking price.
  • Get a nota simple  from the property registry to prove there are no debts attached to the property you are buying.
  • Make sure the seller has an escritura publica    this is the deed to the property.
  • The Spanish contract and a translation into English.
  • Insist on paying the full amount you have agreed on . This will pay you later via your tax bill when you come to sell the property. Although as I mentioned the Spanish work in black money. But this is a form of money laundering and also tax evasion .
  • Try an get receipts or copies for electricity, water, and other services to the property. Including the community charge.
  • Ask when you will receive your escritura for the property. When you have this you are the legal owner of the property.
  • If the property has just been built make sure you see, and if possible, make a  copy of the  building license.
  • Pay as little as possible for the holding deposit, this is usually negotiable. Do this because if the worst happens and you cannot complete the purchase you will lose your deposit. On the other hand should the seller pull out of the deal they will have to pay you back  double your deposit.
  • Check the time scale on the holding deposit. Especially if you are selling another property to pay for your new home in Spain. If you go over the time stipulated you can lose your deposit.
  • If you are buying a building plot make sure it has a building permit.
  • Don’t take the spoken word as gospel. Check with a solicitor and get the paperwork. If you are unsure double check.

For more on the negative side, of buying property in Spain and other day to day issues, go to Costa Tropical info  

For some extra information on problems and what you should be aware of when buying property in Spain go here

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