Advice on buying Spanish property in Spain real estate / properties

Successfully Buying a Property in Spain and Mallorca Real Estate / Properties

Buying Property in Spain - Costs of Purchasing Spanish Property

Spanish property Buyer's Guide explains the legal fees, legal procedures, purchase taxes and mortgage procedure.

Below are some brief points in purchasing property in Spain.

Buying property in Spain and Mallorca,a member of the European Union, is now more popular than ever, with increasing numbers of people following their dream in purchasing a Spanish holiday home, buying property to rent out or moving to the Spanish sun.

The British love the climate and recently the Spanish local authorities have made great efforts to increase the number of foreign tourists, residents and buyers of Spain property.

Now is a good time to buy property in Spain as European interest rates are low and there is a wide selection of Spain property options available, from developed plots, farmhouses and Spanish village locations, through to Spanish villas, townhouses and new apartment developments.

Spain Property Buying Checklist

1. Settle on a region - Spain is a big place. Decide on a particular Spanish town, village, development or hillside where you'll want to live. Look at estate agents in the region and research the prices.

2. Think about the kind of Spanish property you are looking for - The area, size, number of rooms. Look at different types of properties in different residential areas in Spain. By looking at a variety of Spanish homes you'll build up your knowledge of the present property market values.

3. Speak to real estate agents in Spain - Find a property agent and start looking at as many properties as you can. What you'll need the property for will change your considerations. If you're moving to Spain you may want a quieter property, but if you plan to rent out the property you may want somewhere more commercial etc. A good property agent will help you through the whole property purchasing procedure.

4. Research all legal issues and costs involved in buying a Spanish property. Find a Solicitor (abogado) in Spain to advise and assist you - Before you have decided on a property in Spain it is important to be fully aware of the legal process and costs involved in your property purchase. Obtain professional advice and check your finances take account of these additional Spanish costs. Whatever property option you choose, your experienced Spanish solicitor should anticipate all contingencies.

5. Make an offer in writing (subject to contract), and include not only the property price, but also the amount of deposit, when you are prepared to pay it, when you are prepared to complete, what you consider to be included in the price (for example furniture and fittings if applicable).

6. When an offer is accepted - The solicitor takes the legal responsibility for checking the land registry and if all is well will then prepare a private contract which will bind both parties to the deal (you may be asked to lodge a deposit on the property, to take the property off the market). The solicitor will next prepare the public deeds (Escritura de Compraventa) for signature in front of a Spanish Notary. When the balance of the property purchase price is paid and vacant possession of the unencumbered Spain property is granted, the property sale is completed.

7. Immediately after completion - The notary will fax details of the title deed to the local land register to inform them of the identity of the new owner. This will prevent the property from being sold twice. The notary and the land register act together to protect and guarantee your interests. Your solicitor can also arrange for the transfer to your name of utilities and services such as water and electricity and organise their payment through a local bank.

Housing Options

Buying off-plan / new build - These properties have yet to be built. Buyers purchase on the basis of only seeing a show home or development plan.

Advantages - you can choose the perfect location for your property and pick from a number of styles and designs (both exterior and interior) to construct the villa / house that you would like to live in. It's a more affordable option as payments for new builds are made in installments, with final payment after the finished building is delivered.

Disadvantages - because payments are in installments a substantial initial deposit is required. This option can also take some time as you wait for the property to be completed.

Resale Spain Properties

These are older properties that are up for sale.

Advantages - you actually see the finished property. The moving in process could be as easy as buying furniture and arriving with your luggage. A significant number of resale properties are sold with their furniture so it could be even easier.

Disadvantages - you may have to compromise in other areas. If the property requires a lot of work consider the maintenance or replacement costs. Plan realistically the cost of 'doing up' a whole property.

Urbanizaciones

Simply means housing estates. Beach-frontage for urbanizaciones is now at a premium. If you decide to forgo a beach frontage, you should expect a lot more inside and outside space for the same money.

Advantages - convenience, both in the process of house purchasing and responsibilities of property maintenance. Facilities, ready-made social contacts, greater security, lower taxes and the possibility of owning a home in a location where fully detached properties are hugely expensive.

Spanish Villas

Detached, purpose-built holiday villas usually found on the Costas.

Spanish Apartments

Apartment property is usually built as holiday homes on the Costas.
Advantages - these are usually the cheapest places to buy property on the coast.

Spanish Town and village houses

Small inland towns and villages have a lot of properties but limited outside space as groups of properties tend to be clustered together.
Advantages - the size of these properties can be quite deceptive and tend to follow the traditional Spanish decoration.

Spanish Fincas

A plot of land or an estate outside of or in-between towns and villages. Properties advertised as fincas can run from tumbledown farmhouses to lavish modern villas.
Advantages - They are often on their own land in the countryside. Fincas generally come with a substantial amount of land, which may include olive groves and fruit orchards.

Spanish Property Legal Issues

The Spanish solicitor will take care and assist you in all the different steps involved in the property transaction. There are many excellent English speaking solicitors in Spain. Choosing the right solicitor is your guarantee that Spanish legal requirements are met, the property is registered in the vendor's name and that the property is free of any mortgages, charges, encumbrances, debts or other liabilities. Do not sign any contract or agreements with a property agent, get them sent to your solicitor. They will negotiate and discuss the property purchase terms with the seller's solicitor.

Additional Real Estate Purchase Fees

Typically around 10% of the property purchase price
EITHER - I.V.A. (VAT) on new construction - 7% of the contract Spanish property price (16% on land)
OR - Property Transfer Tax (Stamp Duty) on property resales - 7% of the declared property value
PLUS - Legal Fees - 1% approximately of the property purchase price,

Notary and Land Registry Fees - 1% approximately of the property purchase price,

Title Deed Tax - 0.5% of the declared property value,
Plus Valia tax on any increase in land value - Varies, and may not even apply to your Spain property

Annual Spain Real Estate Tax (1131)
Community fees
Charges for rubbish collection
Water rates
Electricity charges

Spanish Property Income and Wealth Tax

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These guidelines are meant for guidance only and describe straightforward purchase scenarios. However this information is not meant to replace proper legal advice, which we always insist you take.

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