Buying in Spain
With the right advice and assistance, buying a property in Spain is a straightforward process. Once you have decided to purchase a property the best thing to do is to hire a qualified lawyer who will make sure that the property is free of any liens and encumbrances, and that the seller does, in fact, own the place.
All foreigners need to have a NIE number to purchase a property in Spain. If you do not have one, a lawyer may also assist you with this.
Here is brief breakdown of the purchasing process*:
A reservation deposit is usually paid (which gets deducted from the purchase price) in order to take the property off the market and for the lawyer to do the due diligence. This deposit may be in the order of 6000 Euros.
The next step is to sign a purchase contract stipulating all the details of the purchase i.e. agreed price, closing date, furnished or not, etc. Generally, at this moment 10%of the purchase price is paid to the owner, the rest upon completion of the transaction at the Notary.
Completion is done at the Notary´s office who will check that everything is in order. At this time, you will receive thekeys to your new home, and pay the balance of the agreed purchase price. The Notary will send your title deed to be registered at the Property Registry.
The lawyer’s office will usually take care of transferring all the utilities to your name i.e. water, electricity, municipal taxes, etc. You should calculate 10-12% in addition to the sales price to cover applicable taxes as explained below, then lawyers and notary fees, plus registry.
The Transfer tax (ITP) portion for second-hand property is paid on a sliding scale basis, depending on the purchase price:
· Under 400.000€ 8%
· Between 400-700.000 € 9%
·Over 700.000€ 10%
Stamp duty(IJD) 1%
Newly constructed property 10% VAT
Ongoing costs of owning a property include:
Municipal Tax (IBI) – yearly payment based on the cadastralvalue
Garbage Tax – paid twice per year
Community fees – usually paid monthly
* Please note that this information is meant to bea guide. Taxation and legal counsel is recommended.
THE NEWSPANISH RESIDENCY VISA FOR NON-EU REAL ESTATE INVESTORS*
A new Spanish law came into effect on 1 January2014 whereby non EU citizens may obtain a residency visa with the purchase of real estate, allowing free movement within the 26 countries of the European Union (Schengen) area.
A minimum cash investment of 500.000€ in property in Spain is required.
The conditions for this golden visa are as follows:
The visa request must be made within 90 days of buying the property.
The initial visa is issued for 1 year, followed by two consecutive renewals of 2 years each. After this one you may apply for permanent residency. The holder of the visa must travel to Spain at least oncea year, before requesting such renewal.
The applicant must have no criminal record.
He/she must secure medical insurance and have the economic means to live in Spain.
Once requested, it should take approximately 3weeks to obtain the residency visa.
*For information purposes only. For specific legal advice on one’s behalf, MBH will take the necessary steps with legal counsel.