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Once you have decided to buy a property in Spain, the process
of making a purchase is quite simple. Before departing to buy a
property in Spain, notify your bank that you may need to place a
deposit on a property while you are there. When you arrive in Spain,
an account at a Spanish bank should be opened to deal with any
transaction and transfer of funds, and a minimum of 10.000 Euros
should be transferred into the account for deposit purposes. Prior to
purchasing a property in Spain, an N.I.E. certificate (foreign
identity number) is required by all non-residents wishing to buy. We
can obtain this number for you. We have banks and lawyers who are
familiar with the process of buying property and speak your language.
When you have found a property you wish to buy, you will be
requested to pay an initial non refundable deposit to secure the
property of between 5%-10%. If you are purchasing a new property that
may still be under construction, this freezes the price of the
property so you are not affected by any future price increases. If you
find a property that requires a deposit greater than the initial money
deposited into your Spanish bank account, you may be able to secure
the property with a small holding deposit of around 2%, with the
balance of the deposit to be paid within an agreed time of say 10-20
days. A private contract will then be drawn up specifying all the
relevant details of the property and the parties involved and this
will be signed by the purchaser and the vendor.
A sale is formally completed in Spain when the public title
deeds of purchase are signed before a notary, the agreed purchase
price paid and possession given to the buyer. If you are present for
the signing of the documents, a translator will interpret the details
for you, prior to signing. If you are unable to travel to Spain to
sign you may decide for convenience to grant your lawyer power of
attorney. The original signed documents are retained by the notary to
be forwarded to the Land Registry (Registro de la Propiedad) to be
registered in the purchasers name. The notary does not check the terms
but solely certificates that the parties have agreed to them. Prior to
signing, your solicitor will carry out the searches on an agreed date
and check if there are any charges or encumbrances on the property and
that there is a clear title deed. Your lawyer may pay on your behalf
all the relevant transfer taxes associated with the purchase and will
handle the formalities of registration of your title deeds. Your
lawyer may also set up the accounts for utility services such as water
and electricity.
A
Guide to the Costs of Buying Property in Spain
As a
guideline you should add 9-10% to the declared purchase price of the
property to cover costs.
Costs of
buying a property in Spain are as follows:
New property - 7% IVA(vat) of declared/registered value
Resale property - 7% Transfer Tax of declared/registered value
Notary Charges - Set on
a fixed scale by law, you should expect to pay around 450-550 Euros
(£280-£345)
Solicitors Fees - Expect
to pay around 800 Euros (£500) on a property purchase between
100.000-200.000 Euros (£62,500-£125,000)
Registration - Transfer
of the property title deeds into your name by the Registrar. Expect to
pay between 250-350 Euros (£155-£220)
The
approximate additional costs of buying a property for 160.000 Euros
(£100,000), would therefore be:
IVA - 11.200 Euros (£7,000)
Notary - 500 Euros (£315)
Solicitor - 800 Euros (£500)
Registration - 300 Euros (£185)
TOTAL 12.800 Euros (£8,000)
Note: In Spain the declared
purchase price is often less than the actual purchase price. Do not be
alarmed by the discrepancy. The main reason is to avoid paying the
maximum tax payable and is a recognised practice. However, a more
unscrupulous contributory factor is down to the exorbitant commission
charges applied by many of the selling agents. Generally, the bigger
the agent the bigger the commission. Tread carefully, many are now
charging between 10%-15% commission for resale property. Ask your
agent how much commission they are charging. The normal should be
between 3%-6% for resale property. New property prices are set by the
developers but the larger agents will agree higher commission payment,
with several receiving over 20% for selling new property. Hence the
preference of initially offering new property to all new clients.
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