If you would like to acquire a Spanish summer residence in a secure way, the correct and professional handling of the purchase is of vital importance.
Our experts are there to advise you and organise your appointment at the notary public's in a neutral and unbiased way. There are many sources of error for an unprofessional handling of property purchases:
The property or parts of it are illegal. This happens more often than you might think: The amount of square meters is not consistent with what is stated in the Escritura, garage and pool were not approved. In such a case a Declaración de obra nueva, Certificaciones del Registro de Catastro and licences from the local authority have to be solicited. For this you need an expert on the spot who can obtain these documents quickly and unbureaucratically.
There is no such thing as a land register at the municipal office. There is only one register, the "registro de la propiedad". Therefore you always need the Escritura the Compraventa and the Nota simple to make sure.
The notary is not obliged to verify the conformity of the property for sale with a binding register extract. He only has to request a so-called "nota registral" from the municipality's register. This "nota registral" is of informative nature only and not legally binding. Furthermore, the correct payment of the purchase price is not checked by the notary either.
The sales contract is done at the notary, but cannot be entered into the register due to formal defects.
This also happens more often than you might think: the Obra Nueva cannot be registered, the sale to a foreigner might not be admissible in your case, the Patrimonial (a limited liability company for property acquisitions) is not entered by the register so that you are not entered into the land register either. Or the seller simply "forgot" to pay their taxes.
Seven steps to securely purchase real property
- Request an inspection of the Escritura from the seller.
- Order a Nota Registral from the property register (registro de la propiedad).
- Have an expert appraise your property (technical and legal examination of the conformity of the property with the data stated in the Escritura as well as with prevailing legal regulations).
- Secure the financing. Check whether you should make use of certain fiscal design options.
- Conclude an option contract which secures your rights over the property.
- Buy per notarial contract.
- Instruct a person you trust with the complete handling of the property purchase (payment of taxes and duties, entry of the purchase into the property register).
Tip
A private sales contract, even an oral one, is legally binding.
It is not mandatory anymore for Spanish estate agents, so-called APIs, to belong to a professional organization which watches over the compliance with rules and regulations on customer protection.
If you buy an appartment for your holidays in Spain, you have to get a written confirmation from the president of the owners' community which states that the seller is up to date with his dues to the Comunidad.
Buying from a non-Spanish person, the buyer is responsible for the payment of their - the seller's - taxes. This applies to income tax as well as to tax on assets and the 5% tax retained at sale. The taxes constitute a burden on the property.
Notarial transfers hae to be entered within 20 days. For this the confirmation of the tax payment has to be provided by the buyer.
The property experts of Finanzkontor S.L. help you with the handling of the seven steps for a secure property purchase:
- We examine the Escritura.
- We order the Nota Registral from the property register and place a reservation. The advantage: If the seller tries to sell a second time, we are informed about this and can start the necessary legal proceedings.
- Our property inspectors measure the property and compare the actual data with those stated in the escritura. In case of problems (statistically speaking, problems with the escritura occur in 70% of all property transactions) we check, whether the defect can be cured or whether you should better keep your hands off the object.
- If desired, we can consult you on all aspects of equity and debt financing. We also counsel you on fiscal matters: The tax burden on your Spanish property depends heavily on how you purchase your summer home in Spain.
- Our option contracts are written in English and Spanish and ensure the rights and duties of both buyer and seller in a fair way, so that problems don't even arise in the first place.
- We arrange the appointment with the notary.
- Our certified offices for property transactions are experienced specialists in the registration of properties.
Your advantage in being advised by Finanzkontor is obvious: We help you in all seven phases of the property purchase. We have developed fiscally and legally efficient solutions for you. Particularly if you are buying a property of higher value.
Request your personal appointment with our consultants here. One of our experts informs you about our products!