Here is a step by step guide for the purchasing process and the necessary elements you need to know to ensure that you buy safely and follow the correct procedures.
Once you have set up your mind on a property which fulfill your requierements, and would like it to be your next dream place it is time to make an offer !
STEP 1. RESERVATION CONTRACT
Usually a reservation document is drafted alonside your offer with a deposit between 3.000 € to 6.000 Euros. This usually gives you a stronger negotiation position since you are committing to your offer if the vendor agrees. Should the offer not been accepted or the price cannot be agreed, the deposit is totally refundable
STEP 2: LEGAL CHECKS
Once the offer is accepted and reservation contract signed by the vendors, the property will be taken off the market. At this point we would highly recommend to instruct a law firm to represent you in the purchase. If you do not have a lawyer we can recommend one for you, as we have over 20 years of experience with local reputable law firms and can advise accordingly.
The lawyer (Abogado) will carry out all the necessary legal procedures to ensure that the property is sold free of encumbrances and charges. The lawyer will also set up a local bank account for you and will obtain the N.I.E (National Identification Number for foreigner) which is mandatory to buy a property in Spain. For off –plan project, they will also check that all the licenses and bank guarantee are in place. To avoid unnecessary trips to the country, it is advisable to grand a power of attorney to your lawyer.
Once all the legal checks are done, your lawyer will give you the go ahead to proceed with the next step.
STEP 3: EXCHANGE OF CONTRACT (Contrato Privado)
Upon exchange of private purchase contract an additional payment of 10% (minus reservation fee already paid) would be paid to the vendor and a contract signed. A mutually agreed completion date will be stipulated in the contract. This step can be skipped and go directly to completion if finances are in place and a fast date is agreed.
STEP 4: COMPLETION
Congratulations! The big day has come and today you get your keys! By completion day your lawyer and property advisor will have prepared everything so that the signing at notary goes as smoothly as possible. Completion can be done in person, however if your agenda did not allow you to be here, this is where the power of attorney will make your life easier.
If you wish, we can accompany you to the property after completion to discuss any further services you may require, like decorators, painters, locksmiths etc. We can recommend experienced and trusted partners in the Costa del Sol for all property needs.
PURCHASING COST (Fees & Taxes)
It is important to be aware of the purchasing costs in Spain, as these are usually not included in the advertised selling prices. The purchase costs are approximately between 9 to 13% of the purchase price and the exact amount will depend on various aspects of the purchase such as the property price and if a mortgage is being taken out amongst other factors.
Approximate Breakdown of Purchasing costs:
GOVERNMENT TRANSFER TAX (I.T.P. Impuesto de Transmission Patrimonial)
If buying from an off-plan development, the tax is a VAT (I.V.A.) 10 % no matter the amount
However If buying a resale, second hand property, it will go as follow:
8%-from 0 to 400.000 €, 9 % from 401.000 € to 700.000 €, 10% from 701.000 € upwards.
Legal Fees ~ 1% + 21 % VAT
Notary & Registry Fees ~ 1.5 % to 2 %
Mortgage Fees (optional) (if applicable) ~ 2% to 3 % (may vary)
RUNNING COSTS WHEN OWNING A PROPERTY :
COUNCIL TAX (I.B.I.)The IBI ( Impuesto sobre Bienes Inmueble) is paid annually to the Town Hall where the property is registered. The amount of the tax is calculated by referencing the official value of the property (valor cadastral).
COMMUNITY FEES- When the property constitutes part of a building complex every owner must pay their community fees established by the members at the Annual General Meeting, usually monthly or quarterly
BASURA – Garbage tax- Depending on the municipality where your property is located, it can vary from 18 Euros to 200 Euros a year.
NON RESIDENT WEALTH TAX – Again it depends on the municipality, it is a very small % calculated on the cadastral value
UTILIES, WATER, ELECTRIC, INTERNET,
To avoid any services interruption we advise our clients to get all these costs paid by standing order.
GOLDEN VISA – For non EU citizen
Should you want to have more information on this subject, please drop us a mail and we will be happy to inform you in depth with all the relevant information
For any other topic not mentioned here for which you would like to receive information, please don’t hesitate to drop us a mail and we will get back in touch with you shortly.