| Below
is an outline of what you might expect in
terms of arrangements and costs –
note that this is only an example and that
the costs may vary as well as the required
deposit, (although this is usually 10%).
Also, make sure you have your passport(s)
with you at all times since this is required
for almost everything!
Appoint a lawyer
(abogado) – this is recommended
but not obligatory. Check their fees in
advance which should be approximately 1,000
Euros.
A Power of Attorney
is drawn up by the solicitor and made official
at the Notary’s office. Make sure
that the Notary speaks English or that you
have someone present who can officially
translate the document for you in the presence
of the Notary (this could be your estate
agent who would be required to bring their
ID with them). The Power of Attorney is
so that your lawyer can continue with the
property purchase in your absence.
Go (accompanied
by your lawyer or estate agent) to the Policia
Nacional (National Police) to obtain your
Fiscal Number (NIE) which is required to
buy the property. This requirement is currently
under review.
Set-up a Spanish
bank account with a local bank into
which you will transfer funds. Check what
they charge in commission to receive monies
from overseas (this is unavoidable but make
sure that it’s not extortionate!).
Your estate agent or lawyer should be able
to recommend a bank, and will accompany
you should they not speak English there.
You should also arrange to obtain 1% of
the purchase price in cash – this
can be done using a credit card, but you
will probably need to call your card-issuer
to get authorisation. Any mortgage (hipoteca)
required should also be discussed and the
amount of financing agreed in principle.
A Private (Purchase)
Contract
in both English and Spanish, which states
the time frame of the purchase, as drawn
up by your lawyer, is reviewed and then
signed by both you (the Purchaser) and the
Seller(s) at a meeting where all parties
are present including the estate agent.
The 1% of the property value in cash is
then given to the Seller.
With the above completed, you return to
the UK
to complete the following whilst your lawyer
finalises the purchase.
You arrange for the remainder of the deposit
(9%) to be transferred to your Spanish
bank account. It is recommended that the
transfer be in Sterling as this usually
obtains a better exchange rate. Once the
lawyer is satisfied that all the paperwork
and debts on the property are in order (see
The Legal Process), they will withdraw the
money and give it to the Seller. The relevant
section of the contract will then be signed
on your behalf by your lawyer, and by the
Seller. At this point, should you pull out
of the purchase, your deposit in full (i.e.
the 10%) will be forfeited. Should the Seller
pull out, they will have to pay you double
the deposit.
The remaining
monies
will then need to be transferred to your
Spanish bank account in time for completion.
If a mortgage is also being arranged, then
this needs to have been approved and ready
in time. Don’t overrun as this could
mean forfeiting your deposit!
On the completion
date, your lawyer, the Seller, the
estate agent, and a bank representative
if a mortgage? is involved, will meet in
the presence of the Notary and the final
documents signed, and the monies and keys
exchanged. You will then be the proud owner
of your Spanish property!
Summary of the costs
involved in the purchase of a 150,000 Euros
property
In this example,
the ‘declared’ Escritura value
of the property is 100,000 Euros –
note that it is standard practice for the
‘declared’ value to be less
than the actual value. Do not be concerned
about this as it can only affect your Capital
Gains Tax when you come to sell the property,
but that this will most-likely also be ‘declared’
at below actual value. Your lawyer should
have agreed this with you, the Seller, and
the Hacienda, at the outset.
| Property
Price: |
150,000 |
| Transfer
Tax (7%) on the declared value: |
7,000 |
| Legal fees |
1,000 |
| Notary
& Property Registry fees: |
1,000 |
| Total purchase
cost: |
159,000 |
See Also
Taxes
for the Buyer and Seller
Buying
a New Property
An
Example Purchase
General
Advice
News/Features:
Property/House & Garden
Property
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