1. Buying in Spain
From our experience of buying a property in Spain it is imperative that you have
someone to help you, particularly if it is your first purchase and you do not
speak the local language. You will at least need a good Solicitor.
Expertise and
Experience is Essential.
First
steps to buying
Finding your property. You can use
one of the many companies that advertise inspection trips, but expect to get the
pressured sales treatment to encourage you to buy the first property you see as
it is at a bargain price!! Remember, do they have your interests at heart or are
they just after a sale. Use them by all means, if only to see some property but
remember you will most probably pay top price for your property. There is no
reason why you cannot book your own cheap flights and explore different parts of
Spain and visit the local real estate agencies and start bargaining. Or contact
us an we will put you in touch with John and Elaine Collins, who are residents
of Spain and helped us from beginning to end with the purchase of our property
[email protected]
Location.
Spain is a large country and has several different regions. If you are moving
home, first and foremost, you need to decide on what type of lifestyle you are
looking for and if you can achieve it in your chosen area. Researching the area
you are interested in is vital to gauge what it is like in different seasons,
what facilities are available and how easy it is to get there.
If
it is for investment purposes, the location will be the most important factor.
You will need to buy in an area that will maximise your chances of achieving
high rental yields and a good occupancy volume.
If you want as much SUN as possible
during the winter, then make sure the property faces south!
Type
of Property.
You will need to decide what type of property you are looking for. How many
bedrooms, apartment or villa, private or communal pool, any land attached and
the closer you get to knowing exactly what it is you are truly looking for, the
easier it will be to find. Also, if buying a new property find out what is
included. Are any fixtures and fittings included, security bars on windows and
doors are obligatory for insurance purposes and all this may add to your costs.
Purchase Process
Paperwork
NIE number. In order to buy a home in
Spain, you need to have an NIE number. This is a national identity number and
you will need it before you can make a property purchase. Also, plan ahead as it
can take a number of weeks to obtain this.
Escritura Publica & Nota Simple.
The Escritura Publica is the registered title deed of the property.
It is entered in the 'Registro de la Propiedad', the Property Registry, and is
the only guarantee of title in Spain.
This contains a
property description, the owners’ details and any mortgages or legal claims that
already exist on the property. A nota simple contains details of any mortgages
or charges held against the property and is vital to ensure you, as a new owner,
do not inherit any debts attached to the property.
IBI.
Prior to purchasing a resale (previously owned property), you will need to see
the “Impuesto sobre Bienes Inmuebles”, IBI, which is the municipal property
tax. The liability period for unpaid taxes is 5 years so you will be able to
review 5 years worth of IBI receipts. The tax is attached to the property not
the owner.
A new property will not
have previous IBI taxes as it has never been owned. It will be your
responsibility to register the property for this tax.
Referencia Catastral.
Each property sale must quote the “Referencia Catastral” of the
property in question. This is another form of property registration in Spain
which concentrates on the location, physical description and boundaries of the
property. The difference between the Catastral and the property registration is
that the registration focuses on ownership and title and the Catastral on
property valuation.
These two systems often
contradict one another as the two departments do not communicate. It is a good
idea to request the actual certificate from the Catastral which will come in two
parts, one being a description of the property and the other a plan or aerial
photograph.
Community fees.
This is similar to a council tax in the UK except that it only
applies to your local urbanisation or property. The community of property
owners has control over the maintenance of the common areas including gardens,
lifts, stairways and pool. The cost of running the urbanisation is split
equally between all property owners. This community fee is usually payable on a
monthly basis and is payable by law.
Escritura de Compraventa.
Providing that the contract is correct and that you secure funds to complete the
purchase transaction, the sale is then completed by signing the Escritura de
Compraventa in the presence of the Notary. This does not guarantee the title to
the property until it is registered at the property registry which then makes
the Escritura public.
The document, once
registered, is returned to the Notary where it is kept on file. If you need a
copy, you can request from the Notary and they will send you an authorised
copy. The deed should be registered within a few months.
Do not mistake the
Notary with a lawyer. You will still need to instruct your lawyer to check all
of the paperwork and to ensure all statements made in the contract are correct.
The Notary is an official of the state who ensures that the contracts are legal
but does not check the details contained within the contract.
Purchase costs in Spain.
Typically, purchasing property in Spain will cost in the region of 10% of the
purchase price depending on the complexity of the purchase process and the area
of Spain in which you choose to buy.
Notary costs (EUR 300 to EUR 600)
The charges from the Notary are standardised and vary according to the size of
land, size of property and the declared purchase value.
Registry Fee (EUR 300 to EUR 600).
The registration of
your name in the official property register as owner.
Transfer tax (6% - 7% of the declared purchase value).
This is called the
Transmisiones Patrimoniales in Spanish. Normally it is 6-7% of the value
declared in the contract.
Document fee (½ - 1% of the declared property value).
This is equivalent to stamp duty and is currently ½ - 1% of the
declared property value.
Municipal tax (10% to 40% of the increase in value
of the property).
This is a municipal tax and is based on the increase in the value of
the property since its last sale. It can vary from 10-40% of the annual
increase, dependent on the period of time between sales and the location of the
property. This could possibly be a large fee so prior to buying, you need to
find out how much it will be.
Lawyers Fees (approximately 1- 1.5% of the property
value).
Lawyers charge anything from 1 -1.5% of the property value for their
services providing there are no complications which lengthen the purchase
process.
Tax
deposit (5% of the declared purchase value).
If you are buying from someone
not resident in Spain, you will deposit 5% of the total purchase price at the
town hall in the seller's name as a guarantee against his future tax
liabilities. You pay the seller 95% of the price, and pay the other 5% directly
to the town hall. This serves as a guarantee against the non-resident seller's
various Spanish tax liabilities.
Taxes – Who pays?.
As there is no law governing which party pays which tax during a
purchase, the buyer and seller usually come to some sort of agreement as to who
pay which tax.
Usually the seller is
responsible for the notary and municipal tax fees and the buyer pays the
transfer tax and registry fee.
Declared property value.
Until recently the common practice in Spain was to declare a lower value for
property to minimise transfer tax. Presently, lawyers are advising both parties
to declare a realistic market value mainly due to the Spanish tax agency levying
fines if they discover that the property was heavily under valued. The most
secure way to attach a value is to ask the nearest tax agency office what value
they would fix to the property in question.
You need to remember
that when you want to resell, you will be liable for Spanish capital gains tax
on the profit made. It may be tempting to declare a low value at the beginning
of a purchase but that will make you liable for a higher tax when reselling due
to declaring a bigger profit on the resale.
Off –
plan financing from the developer.
When buying an “off – plan” property, the developer will usually have very
attractive financing options on offer.
You will need to check
the paperwork and ensure that the contract shows the initial payment, the number
of subsequent payments and the end date. When you calculate the payments, it
will be clear what the cost of the developer’s financing is and you can compare
this to other options. Check what the terms are for missing payments and for
paying off the remainder of the contract at any time - which you should be able
to do without incurring the total remaining interest.
The best terms are usually offered to the purchasers who begin their payments
before the building work is completed. This works very well but you must ensure
that the developer is reliable and be confident that they can finish the
project. A bank guarantee is essential as this ensures the return of your total
investment if the project fails or is delayed indefinitely.
Bank Loans and Mortgages.
In theory, the introduction of the euro and the lifting of virtually
all exchange control means that non-residents can now benefit from loans and
mortgages against Spanish property using any bank from anywhere in the world.
The major banks such as
HSBC, Barclays and Abbey National all offer mortgages and euro mortgages to UK
based purchasers looking to buy abroad.
A euro mortgage is
basically the same as a UK one except it is denominated in euros rather than
pounds, and its rate will be allied to the interest rate set by the European
Central Bank.
One reason you may be
attracted to a euro mortgage is that the ECB's rate is currently lower than the Bank of England's base rate.
You must be careful as
currency markets can be fairly volatile. Buying a property valued in one
currency, but borrowing in another, could be very risky if the currency moves
against you.
Also, there will most
probably be a lending fee and the bank may well want Property and Life insurance
arranged. Also, it may be prudent to ask a solicitor about including your
property in a will. (a UK solicitor may be able to do this).
Rules, Regulations and
Laws are constantly changing so we cannot accept responsibility for the accuracy
(including text) of the above. They are merely for your guidance as to what you
can expect to come across during your purchase. Take professional legal
advice -use a solicitor