Buying a Property in Spain
When buying a home most people think that the Conveyancing required is not very complicated, and that they do not need to seek advice about the house-buying process beforehand. Unfortunately the purchase of a property in Spain needs a highly qualified group of professionals looking after any of the various legal implications, some of them quite serious, that this could involve.
At MSB we will provide you with the information and knowledge you need regarding the different possible options so that you can decide which is most beneficial to you.
With the current economic climate it is vital that you have 100% control over your funds.
The Tax Authority has linked up with the Land Registry system and now knows who owns every property; therefore you must know what the price for tax purposes is.
Buyers usually make down payments and sign contracts without the legal assistance of a solicitor, and then end up being left in a completely unprotected position. This needs to be avoided, and a contract should never be signed without a deep study and confirmation from your Legal Firm.
The study & writing of the purchase contract.
The first step of the process is to sign a private purchase contract (Contrato Privado de Compraventa) between the two parties involved. If you are purchasing a new build property this will be between you and the builder. If you are purchasing a resale property then this will be between you and the owner of the property.
The contract should include the following:
- Full description of the two parties.
- Full description of the property. If a new property – plans of the property, specifications of the materials, plan of the site and building permission. If it is a resale property, inscription number in the land registry.
- Price of the property and stage payment details.
We would carry out a land registry search to verify that everything stated in the contract was true.
- Establish the current ownership.
- Check that the property is free of debts and other charges.
- Building permissions.
Payments & bank guarantees. (New build properties)
For every stage payment that you make, we obtain a bank guarantee from the builder. This means that if the builder were to go bust before completing the building work, you would not lose your money
Preparing Power of Attorney
We will ask you to give us power of attorney. This is a simple process where we will send the relevant forms for you to complete in UK, or it can be signed in Spain, Power of attorney will enable us to obtain your NIE number (Foreign Identification Number) and also to complete the purchase of the property on your behalf without you being present.
Just prior to completion we will ensure there are no outstanding debts which you could inherit with the property, such as, Council tax, electricity, water, gas and community of owners.
This is a fiscal identification number and is required before you can make any transaction in Spain, such as purchasing a property and paying taxes. We apply for your NIE number on your behalf using the power of attorney.
This takes place in the Notary’s office. If you did not grant us power of attorney we will help you to obtain your NIE number before the completion date and assist you at the notary’s office on the day of completion.
Inscription of ownership in the land registry.
Registering the deed provides the highest public level of protection.
From the day of signing we have a maximum of 30 working days to pay the transfer tax due in relation to the purchase of the property.
Transferring utilities into your name
We will change the water, electricity and gas supplies into your name and set up the payments by direct debit, and also inform all other entities, such as community of owners, etc. of your address and contact details.