Property Purchase Process in Spain
Welcome to the Quick Guide to the Property Buying Process in Spain! If you’re thinking about purchasing a home in this wonderful country, CASA Spanish Homes will help you understand the key steps to ensure a successful and seamless experience.
How it works
Phase 1: Essential Preparations
Before embarking on your search for the ideal home, it's crucial to have certain preliminary steps in place, especially if you're not a Spanish resident.
Obtaining a NIE (Foreigner Identification Number): This is the first and most important requirement. The NIE is a tax identification number that's essential for any economic transaction in Spain, including the purchase of a property. It can be applied for at immigration offices in Spain or at Spanish consulates abroad.
Opening a Bank Account in Spain: You'll need a Spanish bank account to make purchase-related payments, such as the property price, taxes, and fees. It will also facilitate direct debiting of future utility bills (water, electricity, etc.).
Phase 2: Property Search and Verification
Once the initial requirements have been met, the exciting stage of finding the right property and ensuring everything is in order begins.
Property Search: At CASA Spanish Homes, we will assist you in your search process and ensure we find the ideal home for you, according to your preferences.
Legal and Documentary Verification: Before signing any agreement, it is crucial to verify the legal status of the property. The Nota Simple, obtained from the Property Registry, is an essential document that will inform you about the ownership of the property, its characteristics, and any outstanding liens or debts (mortgages, liens, etc.). It is also advisable to request the Energy Efficiency Certificate and the Certificate of Occupancy.
Phase 3: The Purchase and Financing Process
Once the property has been selected and its condition verified, the formal purchase process will begin.
Earnest Money Contract: This is a private contract between the buyer and the seller that formalizes the purchase agreement. The buyer pays a deposit of 10% of the total price. This contract protects both parties: if the buyer backs out, they lose the amount paid; if the seller backs out, they generally must return double the amount received.
Search for Financing (Mortgage): If you need a mortgage, we can advise you by contacting different banks to compare offers. The bank will conduct an appraisal of the property to determine its value and the financing percentage it will grant you.
Phase 4: Signature before a Notary and Payment of Taxes
This is the culmination of the process, where the purchase becomes official.
Public Deed of Sale: The purchase is formalized before a notary public. The notary is responsible for verifying the identity of the parties, the legality of the transaction, and reading the public deed, explaining its contents to both parties before signing. During this act, the final payment of the price of the property is made and the keys are handed over.
Payment of Taxes: Buying a home in Spain entails paying several taxes that vary depending on whether the property is new or resale:
· New Construction Homes: VAT (Value Added Tax) is paid, which is generally 10% of the purchase price, and AJD (Documented Legal Acts), the amount of which varies by autonomous community.
· Second-Hand Homes: Property Transfer Tax (ITP) is payable, the percentage of which also varies significantly between the different autonomous communities.
Phase 5: Post-Purchase: Registration and Utility Bills
Once the deed has been signed, there are still some important steps to complete to finalize the process.
Registration in the Property Registry: It is essential to register the deed of sale in the Property Registry so that you are recognized as the new legal owner for all purposes. This procedure offers maximum legal security, and at CASA Spanish Homes, we will help you with this process.
Change of Ownership of Utility Bills: At CASA Spanish Homes, we will help you with this process by contacting the water, electricity, and gas companies to change the ownership of the contracts to your name. It is also important to notify the city council of the change of ownership for payment of the Property Tax (IBI) and the homeowners' association.
Congratulations! You've completed the process of purchasing your property in Spain. We hope this guide has been helpful. At CASA Spanish Homes, we're here to guide you through each step and answer any questions you may have.