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The Government wants Russian tourists to be able to enter Spain without a Visa |
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Tourist Board is carrying promotional activities in Russia, focusing specifically on Marbella |
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2013 Holiday Season Start with New Destinations to Malaga Airport |
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Ryanair, Air Lingus, Vueling, Turkish & Delta Airlines will start new Routes to Costa del Sol |
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European Court Rules Against Spanish Mortgage Laws |
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Suspending eviction proceedings while deciding whether the terms of a loan are unfair... |
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Nasir Bin Abdullah & Sons may loose the Marbella New Port Concession |
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Sheikh Al-Tani has been given three months to pay dues or lose La Bajadilla port project |
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Spanish Real Estate News & Lifestyle |
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Legal guide to buying a property in Spain
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Here is the latest Buying Process in Spain
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Once you have decided on the property that you want to buy, the process is this:
Nota simple informativa
With this document from the Property Registry (Registro de la Propiedad), you will find out if the property is free of debt, if it really belongs to the seller, and if the description of the property matches what the buyer has been told (to avoid surprises about missing square meters).
The pre-agreement
Between the seller and the buyer there has to be a contract in place until the public deed of purchase is ready. It iss usually a simple document in which the seller expresses their intent to transfer the property to the buyer, and the buyer expresses their intent to buy at the price and conditions agreed upon. At this time, the buyer also gives to the seller a percentage of the agreed-upon price. The typical agreement in Spain (called arras) is if the buyer backs out of the contract, they lose the deposit; if the seller backs out, they have to pay double. Of course, the buyer and seller may choose another type of agreement if they prefer.
The mortgage
The documents typically required by a bank are:
Your DNI/NIE
Your work contract
Your last 3 paycheck stubs
Your latest income tax return
Your pre-agreement with the seller
Proof that the property tax (IBI) on the house is paid up.
Other mortgages or loans that you may have
All property titles, both in Spain and overseas
Certificate from work authorities (vida laboral), showing your past work history
Records of your assets (bank/mutual fund statements, etc.)
Prenuptial agreements, if any
Non-residents: A certificate of nonresidency (form available from the bank)
If self-employed: Local tax on economic activities (IAE)
If self-employed: VAT tax you paid for the last trimester and last year
If you get a mortgage, you will become acquainted with an appraiser (tasador). The bank requires an appraiser to ensure that their loan to you is safe. You will need to pay for the appraisers work, usually between 300-500 euros, but also depends on the value of the property. Note that the tasador by law is a licensed architect, so even if you don not need a mortgage, but have doubts about the structural integrity of the house, you might want to hire an appraiser.
The closing
The property transfer must be certified by a notary. The deed of purchase will be given to the buyer after the notary reads it and the parties present agree to the contents of the deed. The following must then be presented: proof of identity (or power of attorney) of both parties, the seller is title of property (a form that reports the investment to the Central Register), and the buyer is payment. The buyer and seller sign the contract; beneath their signature, the notary signs using his firma protocolizada and the deed is ready for taxes.
Taxes:
- For the buyer: transfer tax (impuesto de transmisiones patrimoniales) and stamp tax (impuesto de actos juridicos documentados).
If the seller is an individual, the buyer pays a tax of 7% of the price specified in the deed. If the seller is a real estate developer and the building or land to be built on represents a first-time transfer, then the buyer pays VAT tax instead, meaning 8% for housing (since 1st of July 2010), 18% (also, since 1st of July 2010) otherwise. If for housing, you have to add a stamp tax, in this case reduced to 0.5%, depending on the region (for Madrid it is 1.5%). Some special conditions apply for the Canary Islands.
- For the seller: a local tax called the plusvalia
With a copy of the deed in hand, the seller must go to the City Hall (or wherever local taxes are paid). After filling out the form, the seller will receive in the mail a notice of how much they have to pay. This amount is calculated based on the number of years the property was held, and on the property is valor catastral. Be aware that each town has a different procedure regarding payment of this plusvalia. It is best to ask at the notarys office about this payment.
Property Registry
If you want to be sure that your rights to the property are fully protected, you must register your title at the local office. (Some small towns do not have an office, some big cities have many – check the original deed of the seller to find out which office corresponds to you). You will be charged a standard fee (about .4% of the first 6010 euros, going down to .02% for over 6,010,121 Euros)
This information will be revise soon, as in the coming months all the taxes, including the ones related to property purchase, will be increase in Spain
NOTE: In any property purchase in Spain or elsewhere, it is advice to use an independent lawyer.
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