Harvey Lawyers
Lawyers specialized in Real Estate Property
We are experienced and reliable lawyers here to assist you with your conveyancing needs.
What you need to know about property conveyancing in Spain.
Thinking of buying or selling your property in Spain? In the following text, we will outline the main processes you should be aware of and how our expertise will set your mind at rest.
Although it is not mandatory to consult with a property lawyer when processing the sale or purchase of property here in Spain, it is highly recommended. You should work with a team that has a wealth of experience in conveyancing, that can anticipate any issues in advance, save you time and money and guide you professionally through the whole process.
Purchasing a property
Sourcing land or property
Property Sales
Future expenses and taxes
Finding A Property
Do your research.
Situated in the European continent on the Iberian Peninsular, Spain offers a plethora of reasons why you would want to live here. From its beautiful beaches and woodlands, the culture, delicious foods and not to mention the 300+ days of clear skies per year, it is clearly apparent why many see Spain as their home away from home.
The Spansh eat some of the healthiest foods in the world contributing to one of the best countries to live in for increased life expectancy and quality of life additionally it boasts one of the best-rated health care systems in the world.
We advise before deciding on a property you familiarise yourselves with the surrounding areas in the region of Spain you like. Each town will have its pros and cons and the types of properties available may differ in certain areas. For example, in the local towns known as ‘pueblos’, you can expect to find many ‘townhouses’ including 4/5 levels that ‘yes’, are close to all the amenities of the town but have little outside spaces if that is your preference. Some villas with great views of the landscapes and flat land such as ‘campo’ properties may have restrictions if the land is classed as rural over urban. This can hinder future plans of extending the property or say adding a swimming pool.
By working with our specialist conveyancing team we will engage with all parties involved in the process including the vendor or construction developers and making sure they are legitimate of course. We cover all the bases and check that all legal requirements are in place, that there are no outstanding debts on the property and that there are no restrictions on the land that could hinder your intentions to develop said land if needed. We guarantee you peace of mind and will ensure your property purchase is fully legal with no hidden issues.
Purchasing Process
Negotiate & investigate.
So you’ve found your dream property but what next? First comes the negotiations with the seller. Once a price is agreed our initial responsibilities include making several enquiries such as; who is the legal owner of the property, are there any outstanding debts, is the property built lawfully and are there future ongoing liabilities for you to cover? This all happens before any deposits/monies are transferred.
This process usually takes a day or two but in reality would depend on the cooperation of the sellers, or even town hall representatives if additional paperwork is needed. If the property or plot is on rural land then this process can take much longer as there will be more documents needed to assist in the planning legality of the property.
Your private agreement.
The next stage is to discuss our findings with you and determine if you wish to proceed with the property being aware of any related issues. If you agree you will be required to deposit 10% of the purchase price and this is classed as entering into a private agreement with the seller. This private agreement is formalised with certain documents you may have heard of such as ‘Contrato de Arras’, ‘Opción de Compra’, ‘Documento de Reserva’, ‘Promesa de Compraventa’, etc. These documents contain all the conditions you will need to fulfil, the signature deadline, expenses and taxes and consequences of withdrawal which would be loss of your deposit or if the seller withdrawals they will pay you twice back the money you paid.
Completion.
Within the private agreement documents, it will be stated what your completion date is. All the necessary documents will be prepared and must then be signed in front of a Notary on the completion date. All parties should attend or a dedicated representative at least, and herein funds will be transferred over to the seller and keys given to the new owners. The Completion date is usually two months from the date of signing the agreement and paying the deposit. Within the following weeks, the processing of your ‘purchase tax’ (ITP) and the legal registration of the said property into your name will occur.
All parties wishing to purchase or sell property in Spain will need to apply for a NIE number which is your fiscal (tax) number for non-residents. If for whatever reason you cannot be present at the purchase or sale of the property, we will need to apply for your NIE number along with Power Of Attorney. This step must be completed at a notary in Spain.
In addition to the guidelines above, the comprehensive list of services we provide include:
NIE Application
Land Registry Search
Spanish Accounts
Legal Study of Property
Request a Simple Note
Request Catastral Certification
Request Urban Non-Infringement Certificate
Calculate tax payable on a property
Prepare Reservation Contract
Prepare Private Sale Contract
Calculate Capital Gains Tax
Prepare Notary Appointment
Frequently asked questions.
Question 1
The estate agent has requested I pay some deposit in black money, what is that?
Black money was something that occurred in the past and avoided tax for both parties which is illegal. Also if bringing in money to Spain you must comply with ‘capital movements’. As an example, if you are wanting to bring more than the allowed 10,000 € into Spain but don’t declare it to customs, you will not be able to justify this money within the deed of sale.
Question 2
What expenses can I expect to pay after I have purchased my property in Spain?
There are several expenses for your home that are needed to be paid for after your purchase:
- Property Tax, also known as IBI which is a yearly payment.
- IRNR, which is the tax for non-residents income.
- Basuras Tax, which is for the collection of your bins and rubbish, which can be paid yearly.
- The 3 main standard supplies or: Electricity, Water & Gas.
- If there is a mortgage tied to the property this will also include Home Insurance.
- It is also recommended that you have a life insurance policy attached to the mortgage.
Question 3
Do I need a 'Will' in Spain and update my other one?
Yes, it is recommended that once you have purchased in Spain you formalise a ‘Will’. The ‘Will’ follows European Inheritance laws and will be created in two languages, Spanish and English which will; like your property purchase documents, need to be signed for in front of a Notary, either here in Spain or your current domicile. If you create a ‘Will’ for your heirs the passage of assets to your beneficiaries is much smoother, costs you less money (as heritage taxes are less) and will cause a lot less distress for those involved. If there is no ‘Will’ there is a risk that you could lose assets to the Spanish Government.
Golden Visas
What exactly is a Golden Visa?
The Golden Visa is a very attractive opportunity for those foreigners or non-citizens of a member state (EU) to invest in Spain. It is a process by which you can be granted a residential visa if you are looking to make a significant investment in the economy of Spain. In short, after your investment, you and your family are granted access to the Schengen Zone, allowing the passage around member states of the EU without needing to apply for visas. Usually, this investment comes in the form of property purchase, but it should also be noted that it is possible for the visa to be granted for those that are looking to invest within a Spanish Company.
Who can apply and what is the criteria?
An investment in Real Estate of over 500,000€, in one or several properties.
An investment in business projects. There is no minimum investment but the value is placed on: the creation of new jobs, the socioeconomic impact of local development, contributions to technology or scientific innovations.
Investments into Financial Assets; Public Debt (€ 2 million), Shares in companies with Spanish capital (€ 1 million), Investment funds, closed-end investment funds or venture capital funds established in Spain (€ 1 million), Bank deposits in Spanish financial institutions (€ 1 million).
What are the benefits?
Freedom of movement within Europe of countries that have signed the Schengen Agreement.
The Agreement allows you and your family to work and reside in Spain.
The initial duration of residence is 2 years and thereafter the visa lasts for 1 year.
There is no requirement to reside 183 days in Spain for its renewal.
Contact
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