The
following is only a guide. You should get a good up to
date book on the subject and consult a recommended Spanish
solicitor for more details. BOOK REFERENCE SECTION:

DETAILS &
PROCEDURE
Deposit:
Once you have decided on a
property you will be asked to pay a deposit. The amount can vary but
should be a minimum of 10% of the purchase price, and should be held
by your legal representative whilst contracts are being drawn up. It
is important to establish at this point whether the deposit is
refundable should any unforeseen problems arise.
Contract:
The
Compra-Venta (purchase contract) can be drawn up by the agent
or legal representative. In order to draw up the contracts it is
necessary to agree on a completion date (which can include a penalty
clause for compensation should there be a delay in the completion)
to determine the name or names of the purchaser, and whether you are
going to appear in person before the Notary on completion or if you
want to give Power of Attorney to your solicitor or other
responsible person to sign on your behalf.
Legal
Representation:
You
should appoint a legal representative
to act on your behalf on all matters relating to the purchase of
the property. They will make sure that:
a) The contracts are in
order.
b) Conduct a search on the property to ensure that the
title deeds are correct.
c) There are no outstanding debts on the
property. The latter is checked by obtaining a Nota Simple - a
document from the
Registry Office (In Dolores) showing who owns
the property and whether there are any debts registered on the
property. You will need to pay a small fee for this. It is not
usual to have a survey carried out on a Spanish property. You
can arrange for this privately if you wish.
Finance:
Should you require a mortgage to purchase the
property this can be arranged in
Spain or in the
UK. Remember to make sure that the necessary
funds are available to meet the completion date. It is possible to
raise finance to assist with the purchase of a property in
Spain either by mortgaging the property itself or by
mortgaging or adding to the mortgage on any property which you may
have in Britain.
Bank Account:
It is necessary for you to
open and maintain a bank account in
Spain. NON RESIDENT BANK
ACCOUNTS; these are free of income tax liability. You
money accrues interest (which is not usual in a current
account ) and the profit is not subject to any retention for Income
Tax purposes as this profit should be taxed in your home country as
you are not considered a tax resident in
Spain.
Signing of
Contracts:
Upon securing that the contents of the contract are in order,
you should sign, at which stage it becomes binding for all
parties.
Transfer of Title
Deed:
Full payment is required before the title deed can be
transferred into your name. If you are buying a new property you
must follow the payment schedule as detailed in the contract as the
building reaches each stage of
construction.
Property Registry
Fees:
The
registry fees are based on the registered value of the
property.
I.V.A.
(V.A.T):
You must
pay this tax before the Escritura (title deed) can be
registered in your name. In the case of a new private property (land
and a dwelling), the tax is 7% of the registered deed
value. You can sign an Escritura for just the land that
your property is going to be built on, and a subsequent Escritura
for the Obra Nueva once the dwelling has been built. However, it is
usually best to wait until the house is built as this will
avoid you having to pay the higher rate of 16% that one must
pay when purchasing a plot of land alone. Upon completion of
the house a further 7% IVA would need to be paid. To
wait and then sign everything once the house is complete will incur
only 7% IVA on the total price of the land and the
house. A 16% tax is levied on the subsequent construction
of a garage or swimming pool, if these are built after the property
has been registered.
Government Registration
Tax:
1% of the declared value of the dwelling once
the Escritura has been signed (new properties
only).
Notary
Fees:The Notary's fees can vary but on
average are about 0.5 % of the value of the property.
Plus Valia
Tax:This is a tax relating to the
property and is calculated and applied by the local Town Hall
in respect of the increase in the value of the land since it was
last sold. Strictly speaking, this tax should be paid by
the buyer but, because the
liability for this tax is always on the seller,
sometimes it is paid by the seller. This tax must
be paid otherwise, in the long term, the property will be the
gaurantee for the payment of this tax.
Stamp
Duty:
6% is payable
on new properties.
Taking
Possession:
Handing
over the property and it's keys will normally take place once the
full purchase price has been paid.
Transfer of
Services:
Having completed the purchase, it is
necessary to connect or transfer services. Both electricity and
water meters need to be in your name, and to avoid payment problems,
a direct debit or standing order with your Spanish bank should be
used.
Insurance re: New
Properties:
It is
now law that all constructors must take out an insurance
against subsequent serious defects or their company going bankrupt
before the building has been completed (much like the NHBC
Certificate in the UK). Because these insurances
are relatively new in spain they often take months to arrange,
which could delay completion of the property, it is worth checking
your constructor has this aspect in hand so it is not left until the
last minute. Constructors usually pass the cost of this insurance on
to the purchaser, and it is quite a significant amount. Ensure
that this has been accounted for in your expenditure list, or is
included in the contract price. This insurance
cover is for the structure only.
Outstanding Debts:
It is adviseable to obtain a certificate from the Land
Registry stating that there are no outstanding debts on the
property. This certificate should be attached as an annex to the
purchace deed (escrituro).
Community Fees:
If you purchase a property within a complex,
urbanisation or apartment block you are obliged to join it's
residents association which administers general maintenance on areas
of common ownership such as swimming pools, gardens, hallways,
streets, etc. An annual budget is calculated to cover these costs,
and divided between all the owners according to the size of their
properties. All owners have a vote to agree the budget.
Rates and
Taxes:
You
MUST obtain from the local tax administration office a registration
number and it is also advisable to appoint a 'Gestor' (Tax
Accountant) who will ensure that the necessary payments are made on
time and any forms are completed correctly.
-Local Rates:
Variable, payable to the Town Hall (Ayuntamiento).
-Patrimonio -
Wealth Tax: 0.2% of the declared rateable value (Valor Catastral) of
the property.
-Property Tax: 25% of the taxable base (1.1% of the
property).
N.I.E. Identification
number for Foreigners:
This is
needed for anything which might have tax implications such as buying
a property, a car, etc
Residency:
You are not required to be a resident of
Spain to buy a property. It can have certain advantages to take out
the 'Residencia Certificate'. Mainly one has the same legal
rights as any Spanish citizen and also it enables you to have a
residents bank account, which means your account charges will
be at lower rates (amongst other
benefits).