This page contains a simplefied description of the purchase of a property i Spain. We hope it will help and guide you in the purchasing process.
We recommend all to turn to a lawyer in order to feel safe when making a purchase. For most of us it is the biggest deal we make in life and therefore it is important to use a knowledgeable adviser who defend his client´s interests.
Once you find the property you want to buy, you must first obtain a Spanish identity number, NIE number and establish an account in a Spanish bank. NIE number to get in the police station, Policía Nacional.
For a verification of the ownership, the seller shall present a document from the Land Ownership Registry, Nota Simple. After that, you pay in most cases, a reservation fee of 1 % of the property´s selling price to remove the property from the market. The private contract is drawn up within 14 days, containing the terms agreed, such as access date and final price. A deposit of approximately 10 % of the property price is to be paid (including reservation fee) to the seller. If the purchase would not be completed, the deposit is not paid back to the buyer.
The buyer´s legal counsel is involved in establishing the contract and has verified the following:, requested a copy of vendor´s purchase contract, Escritura Compraventa. Requested Nota Simple from the Land Registry, which indicates weather the property contains mortgages or easements. He will also find out about the propery tax (IBI) and garbage collection fee, Tasa de Basuras, are paid to the municipality. Also to find out that no other fees are unpaid, such as electricity, gas and water etc. Finally, take contact with the property owners association, Comunidad de Propetarios. Each property belongs to an association that manages common things like swimming pool, garden and stair cleaning etc. Those responsible for the association must certify that the seller has paid all their fees.
You get access to the property the same day as the final purchase agreement is signed in front of the Notary. It is the notary who draws up the purchase agreement, Escritura Compraventa. The final purchase price is to be paid and the keyes are provided to the buyer. Notary´s role is to verify that the purchase is carried out correctly, identifying buyers and sellers, to verify that the final payment is made, any bank loan is entered into the contract of sale, etc. Title deeds will then be entered in the land Register, Registro de la Propiedad. It usually takes approximately three months before getting back the original title deeds.
Transfer tax of 8 % of the purchase price if the property is used. If the house is new and you are the first one to live in it, you pay 8 % VAT (IVA) plus 1 % in stamp duty.
Notary expenses, attorney´s fees and stam duties approximately 3 % of the purchase price.
Tax on land appreciation, Plus Valia. To be paid by the seller of real property transfers.
Municipal property tax, IBI Impuesto sobre Bienes Inmuebles, about 1 % of assessed value, Valor Catastral.
Garbage collection fee.
Government indirect tax
VAT, IVA Impuesto sobre el valor añadido, 8 % in property transfer of a new house.
Transfer Tax, Impuesto sobre Transmisiones Patrimoniales, 8 % in property transfer of a used house.
The above description will change over time, we are not responsible for changes of taxes and fees or other changes.