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Buying Process

You maybe have been dreaming of your own place under the sun, owning a holiday home in Spain or a wish to live permanently in Andalucia.

When you start looking for a property on the internet you will find many properties for sale. First you need to find out where in Spain you would like to buy, do your research about climate, accessibility to transport, the kind of houses you like and the real estate prices. Spain is a large country and divers. So is the real estate market in Spain; not only prices , taxes, licenses and permission to built differ.

As a foreign buyer is it good to know upfront how buying a property in Andalucia Spain works. However we always advise to use the services of a property lawyer to explain all legal issues and for due diligence.

Analyse your budget and make a financial plan.

The main costs and taxes involved buying a property in Andalusia Spain :

  • Buying costs; notary , title deed tax and land registration fee 1–2.5%;
  • Transfer Tax (Impuesto de Transmisiones Patrimoniales ITP) by resale property is 7% 
  • Legal fees 1% (including VAT).
  • Mortgage costs 1–2%

When you consider to purchase a property calculate about 12% to 14% of the price as additional costs and taxes.

Tax identification number

As a non-resident a NIE is necessary to buy a property in Spain. This is a tax identification number (Numero de Identidad de Extranjero).

You can arrange to apply in person, via a Spanish consulate or via a lawyer

 

The buying proces in 3 steps

When you have found the property you would like to buy you first need to find an agreement with the vendor on the price. You will get a reservation document that hold information as the vendor and buyers details, property details, price, dates of signing the private contract and terms and conditions.

1.Reservation document.
By signing a “contrato de reserva” the property will be taken of the market for 15 – 30 days. As a buyer you will have to pay a reservation deposit (between 6.000 and 10.000 euro) to be hold by your lawyer or on a separate account by the real estate agent.
During that period a purchase contract will be drawn up and legal checks will be carried out by the lawyer.Your legal advisor will now perform due diligence.
The reservation deposit is non refundable unless stated in the document that it is subject to mortgage or other conditions. 
2.Private Purchase Contract
As soon as the necessary legal checks have taken place, you will be required to sign the private purchase contract which will state the full price of the property. The private purchase contract is called “Contrato Privado de Compraventa”.
It is a legally binding contract where both parties agree on a date of completion between 4 to 6 weeks in general. This is the moment the buyer pays the vendor 10% of the agreed purchase.

3.Signing of the title deeds: completion
The traditional handover of the property (escritura pública) will take place at the notary. If you can not be there in person you can give your lawyer Power of Attorney. The buyer pays the rest of the purchase price and the property transfer tax. The land registry will be updated and the new property owner receives the keys.

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