Once you have decided on the property you want to buy, you will need to pay
a reservation deposit. Usually, a deposit of 3000€ will suffice and this
is paid in cash, for the vendors to take the property off the market with
immediate effect. Estate agents have standard contracts, but it's advisable
to get your own lawyer to approve or prepare this document. This way you will
be made fully aware of your legal position by an independent adviser.
Your lawyer will then do all the necessary searches to ensure that there are no charges against the property, that the property is legal and registered with the land registry, and the title deed is in order. Searches take, on average, two weeks.
Whilst here, you need to open a bank account – a deposit of 200€ will
be adequate to do this.
Once the lawyer is satisfied that everything is in order, you will need to
transfer a deposit of 10% of the purchase price (less the 3000€ reservation
deposit) into your Spanish bank account. The lawyer will advise you of the
exact amount required. Further monies will be required in due course and your
lawyer will explain the correct amounts and when the funds need to be made
available.
At this stage, the private purchase contract is drawn up and the completion date entered as agreed (usually as stated in the initial reservation contract).
When both parties (or their legal representatives) sign, the agreement is legally binding. If you back out now you will lose your 10%. If the vendor withdraws, he has to pay you an additional 10%. This law deters "gazumping" as we know it in the UK.
Before you can complete the purchase you will require a NIE number (one each if the property is to be bought in joint names). You can obtain these from the Spanish consulate in the UK, or an application can be made here from the main police station. It usually takes about four weeks to obtain the NIE, which is your tax identification number against which your property purchase tax of 7% will be paid.
You can complete the purchase yourself, with your lawyer, at the Public Notary. Alternatively, you can give your lawyer power of attorney to purchase in your absence or your lawyer can temporarily sign on your behalf but this must then be ratified with him at the notary when you visit next time.
On completion, if you are buying from a non-resident, your lawyer will withhold
3% of the declared value on behalf of the vendor. This is to ensure that the
vendor's capital gains tax liability is paid. The vendors and/or their representatives
will be present and the final sum of money is handed over to them in exchange
for the keys to the property and the new title deed prepared by the Notary.
The property is now yours and the Notary sends official notification by fax to the Land Registry.
Your lawyer will arrange for the payment of additional purchase costs of approximately 10%. Notary fees, land registry fees and legal fees amount to about 3% of the purchase price, and the remaining 7% is the Spanish Purchase Tax. Your lawyer will pay this at some stage within 30 days of your purchasing the property. This is done through your bank and the lawyer will give you the associated paperwork.
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