Spanish Property Buying Guide
When buying a property there is absolutely no substitute for professional advice, this is especially true when buying abroad. Property laws can and do change so the benefits of legal advice will always outweigh the costs.
Our Spanish property buying guide outlines the basics involved in purchasing a property in Spain. We will endeavour to keep you updated with changes but you should always consult an abogado (solicitor) before making any commitment to purchase.
Selecting & Viewing Your Property
Firstly you must set your budget and decide on the general area you would like to buy in. Then you need to start looking for the type of property you are interested in i.e. Villa, Town House or Apartment.
Do plenty of legwork before you come to start viewing properties. Get on the net and trawl the agents websites. Select the properties that interest you and request additional details and photographs.
You will often find the same property on sale with several different agents. What might surprise you is the different price each agent is advertising at. Estate Agencies (Inmobiliarias) in Spain are pretty much unregulated and charge commission from 2 or 3% to whatever.
When you have found a few properties that interest you it is time to make a visit to do some viewings. You have two options, a viewing trip with an agent or an independent visit.
Some agents will offer viewing trips with a variety of incentives eg. free accommodation, free flight and sometimes both. Visit independently and you will have to make your own arrangements, although if you have pre-arranged appointments, those agents should help with arrangements.
I have taken both options in the past and my advice would be always to make the trip independently. Viewing trips are often organised in such a way that you have little or no time to have a look at other independent options. You are basically tied to viewing properties for sale with one agent.
Often viewing trips will only pay for flights/accommodation if you purchase a property. Do you really want to spend 3/4 days with the same Estate Agent (come to think of it do you really want to spend 3/4 days with any Estate Agent?!?!) giving you the hard sell?
My advice is when you make your appointments tell the agent you expect €300/400 to cover your costs should you purchase a property with them. This way they know you are a serious buyer and at the same time you are free to use any agent of your choice.
Ideal Property Found - Next Move
You have found the property ideal for you, what now? First and foremost, no matter what the agent says, don't pay a deposit (holding or otherwise).
Go home, have a few days to think about it and I will guarantee you the property will still be available 99.9% of the time. Your agent will tell you 'there are other people interested', ignore him, trust me!
If you pay a deposit on a property in Spain and then pull out you are liable to lose that money. If the seller pulls out he is obliged to pay you double your deposit back. Take your time and be sure you are making the right decision.
OK 100% Sure - Ideal Property Found - Next Move Appoint Solicitors & Obtain Your NIE
If you are confident of buying a property in Spain, even if you haven't found it it on this trip, make arrangements to obtain your NIE number. The NIE number is your Spanish Tax reference number and is necessary to buy or sell property. Additionally it is necessary for your mortgage, employment or starting a business and pretty much everything else you do in Spain.
Applying For An NIE Number
shows how this is done. But just be aware at this point you may need to make a Power of Attorney for somebody to do this on your behalf. If you are purchasing a property in joint names you will each require an NIE.
You will need to appoint a solicitor to deal with the legal matters. We have compiled a directory of
Solicitors In Ayamonte
to help you with this. A number of these firms have English speaking solicitors who can translate the legal paperwork.
Transfer Funds & Arrange Mortgage
Once you have decided on the property you like, I would visit it twice if possible, you will need to pay a deposit.
Your solictor, with the agent, will then draw up a Purchase Contract for the property. At this point you will need to pay a deposit, usually 10% of the purchase price. You will also need to set up a bank account, your solicitor can help you with this.
When transferring the funds for the deposit and purchase I would strongly advise you to use one of the currency exchange companies rather than your bank. Using one of these companies will save you money because you will get a better rate of exchange and your Spanish bank won't charge you for depositing money in your account.
Yes, it is a difficult concept to get your head round, you get charged to put money into your account! These charges are often referred to as 'landing charges', you only pay these if you transfer money from abroad. According to EU regulations they are illegal, but we all know banks are a law unto themselves.
The Currency Exchange companies transfer the funds to your account from a Spanish account to get around this. I have always used HIFX in the past and always found their services cost-effective and efficient.
If you need to arrange a mortgage click on the
Banks, Mortgages & Mortgage Advisors
link. This is a job your solicitor will help you sort out.
Property Surveys
It is not common for Spanish buyers to have properties inspected by surveyors before purchase. However, I would recommend that you have your property inspected by a
Surveyor or Architect
before completion. All new build properties in Spain have a 10 year warranty similar to the NHBC guarantee in the UK.
Your solicitor will do a number of checks on the property to ensure that the title deeds are correct and that there are no outstanding taxes or other debts. Once all the legal formalities have been carried out you will proceed to the completion stage.
Completion
The completion will take place at the Notaries office. This is when the balance is paid to the vendor. It is still common practice in Spain for vendors to under-declare the true value of the sale price in order to reduce their capital gains liability.
This is tax fraud, it is on the decline, but far from rare. The balance of 'black money' is usually paid in cash after the Notary leaves the room. It is not in your interest to under-declare the value, unless of course you have a big lump under your mattress that you need to get rid of.
Ok so you find the house you like and the vendor wants to under-declare by 40%. Your agent tells you it is the norm and you will pay less stamp duty. My advice, don't do it!
Here's the scenario, you are buying your ideal Spanish house with funds from the sale of your UK property or your savings.
The vendor wants to under-declare so you pay him 40% in cash. Two years later you want to sell because you find a better property.
Now you have two options, declare the full price and pay capital gains tax, on gains which you have not accrued. Alternatively, under-declare and end up with €100,000.00 under your mattress. You are basically converting your hard earned into 'black money'. This scenario happened to us, we declined the property and found another.
There are a number of fees & taxes to be paid when you purchase your property. As a rule of thumb if you add 10% to your agreed purchase price, you will not be far off the mark. For a full breakdown of the costs involved and ongoing expenses click on
Property Purchase Expenses & Taxes
Applying For An NIE Number
Solicitors & Notaries In Ayamonte
Banks, Mortgages & Mortgage Advisors
Surveyors & Architects In Ayamonte
Property Purchase Expenses & Taxes
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