Buying process in Spain
Buying a property in Spain - the process.
Once you have found the property in Almeria, Murcia, Alicante, Malaga, you have been searching for....Dont Panic! our experts will help you through the buying process. The buyer will need to have on hand a holding deposit usually 3000 to 6000€. Payable on credit card or transfer.
The current owner will have provided a full sales pack of documentation and this will once again go to the Solicitor. The Solicitor of choice of the buyer for checking. Basic items such as; the local Registry to make sure there are no debts being held against the property. This will also show any mortgages or loans taken out against the property. etc
A contract is signed showing the way payments will be made which after the holding deposit is then a 10% of the agreed price deposit and the rest is then paid over on the day of the signing of the deeds at the Notary which is a day convenient for both buyer and seller. We make sure that the Notary has all the relevant documents.
Any person buying a property in Spain needs to have a tax id number NIE. Which we can also assist the buyer in obtaining prior to purchase.
On the day of signing of the deeds at the Notary the buyer, seller, (or their respresentatives) and solicitors are present. The Notary does a final check of the Registry to make sure no new loans have been arranged and then the buyer and seller signs the deed. The buyer is responsible for paying 8% transfer tax on the property, Registry and Notary fees (if the buyer puts aside 10 to 11% of the price this should cover all costs) and the seller is responsible for paying the "plusvalia". These payments must be made within one month of the signing of the escritura. Your Solicitor will confirm all final fees and costs of course prior to signing at the Notary.
The Process: During the Purchase
1. The Preliminary Contract. The first stage in purchasing a Spanish property is to agree with the seller on a purchase price. Then, in order to take the property off of the market and reserve it for your purchase, a preliminary contract is generally drawn up. This contract, called a Contrato privado de compraventa, contains all the details of the property, along with the agreed purchase price.
At this time, you will generally pay a deposit on the property of about 5% to 10% of the final purchase price. These funds will be held in a bonded account until the purchase is complete.
2. The Final Contract. When the purchase is made complete, the purchase price (minus the already-paid deposit) and all fees must be paid. The final contract, or Escritura de compraventa, is then signed. You then receive a public deed for the property, which must be witnessed by a Notary Public. A copy of this deed will be given to the tax office and the property registry. Be sure to have your lawyer handy throughout this process.
3. Fee Payment. When transacting a Spanish property, the buyer and seller both have fees which they will be responsible for. They break down more or less this way:
- Transfer Tax (for pre-owned properties); or
- IVA and Stamp duty (for newly constructed homes)
- Notary Fees
- Lawyer/Solicitor Fees
- NIE Number application (if do not already have one)
- Capital Gains Taxes
- Plusvalia Tax (generally, though some buyers do agree to pay this)
- Selling Agent Fees
When deciding whether or a not a property fits into your budget, it's very important to keep fees in mind. Because if the property you're looking to purchase is on the edge of being too expensive, the fees may just tip it over into breaking your budget. For any Spanish property, plan to pay 10-11% of your property's purchase price in additional fees.
The Association of Spanish Property Professionals