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What follows is of great importance to you.

- The down payment

- The title search

- Title deeds

- Power of Attorney

- Taking possession

- NIE number  

- Tax Declaration 

- Property Tax

- Making a Will 

- Becoming a Resident






At long last you have found the home that you want to buy. You and the vendor are in agreement as to the price and you now want to proceed with the actual purchase.  This is how it works.

   

SECURING THE PROPERTY     

The property is secured for you and removed from the market only when a 10-20% down payment deposit of the purchase price is paid.
While in Spain if you are not in a position to make the full down payment a reserve deposit of not less than 3,000 euros is acceptable. (Major credit cards acceptable).  The remaining amount to cover the full down payment must be transferred within 5 business days after returning to your home country.


THE CONTRACT
    
      

At the time of paying the full down payment the sales purchase agreement will be signed.  The agreement identifies the parties, sets the terms and conditions of the sales purchase and specifies a completion date.       
        

POWER OF ATTORNEY 
               
In our fast-moving society, buyers (and sellers) often prefer to use the Power of Attorney.  This is a very convenient way to do the transaction because the interested party does not have to be in Spain at the closing of the sale purchase. 
If the Power of Attorney is done in Spain it must be signed and witnessed by a notary public. If the Power of Attorney is done outside of Spain it must also be signed and witnessed by notary public, and in order for it to be legal in Spain it must further be APOSTILLED  by a third party.
Center Estate Agents frequently acts with a Power if Attorney on the buyer’s behalf. Find out how it works.



TITLE SEARCH


All sales purchase contracts are conditional on the property having clear title deeds at the signing of the deeds ‘escritura’ in front of the notary on the day that the buyer will pay for and take possession of the property.  If for whatever reason the vendor cannot produce clear title deeds on the day of conveyancing, the contract will be declared null and void and the deposit/down payment will be returned to the buyer.

Article 175 of the Notary Act requires that the Land Title Registry Office fax an extract of the title deeds to the Notary on the day that the conveyance documents, the deed, ‘Escritura’ are to be signed.  The Notary has the legal obligation to inform the purchaser as to whether or not the deeds have clear title.


THE NOTARY
         
   
He is responsible for writing out the conveyance documents, the deed, ‘Escritura’.  He will read the documents to you or your representative and the vendor or his representatives. He will witness the signature of all parties and will himself sign the conveyance documents.


PAYMENT
      

Full payment, or the balance owing to pay on the property is done simultaneously at the signing of the title deeds. If you are transferring money from your bank to Spain make sure you do so at least 14 days before closing date and always inform Center Estate Agents that the funds have in fact arrived.


 

SIGNING OF THE TITLE DEEDS

The title deeds are always signed and witnessed by the notary public.  The instant you and the vendor sign the deeds, ‘Escritura’, the property becomes legally yours.  


POSSESSION


Usually the property and the keys are handed over to you at the notary’s office, after the title deeds have been signed and the purchase price has been paid.

 

PAID UP TO DATE

Before the signing of the title deeds all service bills such as electricity, water rates, property taxes, community fees, etc. will be checked out to make sure they are paid up to date.


ONE TIME ONLY  FEES AND COSTS


As the new owner of the property you will have 30 days in which to pay certain taxes and fees, which amounts to about 10% of the official declared value as appears on the title deeds. These once only costs and fees are as follows:

 a) The Property Registration Fees.
This fee is for the registration of the transfer of the property in your name in the Lands Titles Office.
 

b)  Notary Fees.
The fees charged by the notary for having prepared and witnessed the signing of the title deeds.

c) Transfer Tax (VAT)
This is the conveyance tax applicable to all property transactions.  It is 7% of the declared value on the title deeds, escritura.

d) Adviser’s Fees
The adviser is the person who has helped you with the property transaction.  He can be a lawyer, an accountant or an authorized Real Estate Agent. Unless stated to the contrary, Center Estate Agents will act as adviser and carry out the property transaction on the purchaser’s behalf.
All the above taxes and fees must be paid before the property can be registered in your name at the Land Titles Office.  Payment must be made within 30 days of having signed the conveyance documents to avoid costly late payment fees.

e) Plus Valia  
This tax applies to the increase in the value of the land of the property.  It is calculated and applied by the local municipality according to the increase in the value of the land between the present and the previous sale.  The value and the size of the building do not affect this tax.  It is a once only cost and it is paid separately from the above mentioned costs and fees. Unless agreed to the contrary this tax is paid by the vendor.

f) Capital Gains Tax
It is applicable to non-resident vendors.  To ensure the collection of this tax, the Purchaser must fill in Form 211 on the vendor’s behalf and deposit 3% of the declared sales purchase price with the Tax Authorities.


ON GOING MONTHLY AND YEARLY FEES AND COSTS
Once the property is yours all service contracts will be transferred to your name and you will have to meet specific monthly and yearly expenses.  Direct bank debits can be set up to pay all periodical service payments.


MONTHLY

          YEARLY

Electricity
Water  
Telephone (optional)


Property Tax (IBI)  
Community fees  
Personal Income and Wealth Tax  
House Insurance 
Property management (optional)


NIE NUMBER


Securing your NIE number is your first legal obligation in Spain.  It serves as your personal ID number and is required when signing the title deeds, and when dealing with the tax authorities, service companies, banks, etc.


TAX DECLARATIONS

Every property owner in Spain is required by law to file a tax declaration every year.  Whether you own your property solely or jointly each property owner whose name appears on the title deed ‘Escritura’ must file a tax declaration.
If you own one property Form 214 must be filled in and submitted to the tax authorities before December 31 each year.  
If you own more than one property you must fill in Forms 714 and 210.  The deadline is July 21 every year.  

 

PROPERTY TAXES (RATES)

The property tax bill is mailed out every August.  The deadline for payment is usually on or about September 10 of the same year.  Failure to pay on time results in an automatic 20% surcharge.  If you fall too far back in arrears, the authorities will embargo your house and auction it off to recover the taxes owed.


MAKING A WILL


Pardon the expression but as the saying goes....’you should not be caught dead without one’.
Although it is not a legal requirement that you have a Will in Spain, having one can save lots of time, money and aggravation to your surviving loved ones.
Without a Will the Spanish authorities will apply the inheritance laws of your country of origin.  This process involves costly translations from the official language of your country into Spanish, involvement of your embassy in Spain or the Spanish Embassy in your country and the Tax authorities of your country...etc. 
One visit to the notary is all that is required to make a Spanish Will, which will set out in clear terms how you want to dispose of the assets that you have in Spain.  Don’t put it off.  Get in touch with us today.




BECOMING A RESIDENT OF SPAIN

At one point you might want to become a Spanish resident.  If you are an EU citizen, it’s a simple and inexpensive procedure.
Consult us first.  


NEW BUILDINGS,
REPAIRS AND RENOVATIONS TO YOUR HOME
 

Center Estate Agents has its own construction company. We only deal with the most reliable suppliers and builders.  Big or small we are qualified to take on any job that you might require.
You’ll get properly quoted estimates and barring Acts of God, the job will be finished on time.
Don’t get caught by the fly by night crowd who’ll gouge you and leave your house in ruins.
Contact us first.  


(Note:  If for whatever reason you have difficulty finding your way around in ‘Properties For Sale’ just go to Contact Us and tell us in your own words what type of property you want.)