I am a foreigner, European, English or from a third country that is not part of the EU. and I want to buy a home in Spain. Today we answer all the frequent questions that our foreign clients ask us in the first consultation and conference to ensure that the business of their life, enjoying their retirement in Spain will be possible, safe and legal.
What should I do to live and buy a home in Spain?
Below we break down the most relevant aspects.
To whom to turn?
Always to a attorney who speaks Spanish and his native language. On Carrillo Advisors We speak English, German and French, although our experience and that of our professionals takes us to distant countries such as China and Africa, ask us.
If you are not a lawyer, we always say at least consult a Notary Public. We leave you the link to the official website of the notary in Spain. https://www.notariado.org/portal/elige-a-tu-notario
What is the first step to buying a home in Spain?
Obtaining the NIE. For this you can do it directly through our website, making a query, and our International department will do it for you. The NIE (Foreigner Identity Number) is the identification necessary to make the purchase-sale contract and for other administrative procedures such as paying the corresponding taxes. You can request the NIE in a Police station in Spain or in the Spanish embassy of your country, presenting the EX-15 form, and its immediate issuance. We leave you the form: https://extranjeros.inclusion.gob.es/ficheros/Modelos_solicitudes/mod_solicitudes2/15-Formulario_NIE_y_certificados.pdf
Opening a checking account in Spain
If you have already chosen the house and agreed on the price, now touch opening a checking account in Spain, and demonstrate that the money that comes from a foreign account complies with the Spanish law against money laundering. For this, your data and an address in Spain will be necessary, for example, if you already have a purchase deposit contract, that same address. If you cannot move, a special power of attorney to your lawyer will facilitate the task of said bank opening. Once the process is completed, from your foreign account you can make transfers to pay for the purchase, or to carry out the mortgage, in addition to paying taxes and supply costs, etc., as we have planned.
What legal aspect will be the main one?
The verification of the property in the PROPERTY REGISTRY. This issuance of the SIMPLE NOTE, will offer us a legal vision of security, solvency and guarantee of the operation, the cost being less than 10 euros. We leave you the link of your digital application in the public body in charge in Spain for this purpose: https://sede.registradores.org/site/invitado/propiedad/busqueda?nr=true#noback
Contract
We recommend the wording of the commitment reached by both parties, the seller and the buyer, so that the wills of the 2 are clear, since sometimes deposit, rentals with option to buy, mortgages, reciprocal guarantees, resolution conditions are agreed , etc. For this, it is preferable to go to the lawyer who will tell us what suits us depending on whether we are the SELLER or the BUYER. And if we also do not understand the technical language with all the more reason.
Is it mandatory to sign before a NOTARY to buy a home in Spain?
The reality of Spanish legislation is that for your house to have the guarantees against 3rd parties it is necessary that it be signed before a notary public, and access the deed to the registry after payment of the corresponding taxes. Here we advise you to look for a Notary who does double column, or a native lawyer speaking your mother tongue, as is our case. Another thing is who chooses the notary, in the cases of sale, it is done by who pays most of the tariffs, in this case the buyer. Do not give up on it despite agreeing to a mortgage.
The CATASTRAL update
We advise that in the change of ownership if you have to regularize any metric information, content, dimensions, news, regularizations as it is a rustic property, at the time of sale, take the opportunity to update it.
Tax payment processing
This part greatly worries foreigners who sometimes do not know the tax burden of taxes in Spain, both national and local, and of the processing. Today we are going to give you a few brushstrokes, although our Tax Law Department will manage it for you. Also, if you have questions, you can visit our Tax Guide Spain that covers these and other aspects:
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E.T.C: from 6 to 10%, it depends on each Autonomous Community. It is only paid when acquiring a second-hand home
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AJD: between 0.5 and 1.5%
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there: Annual local tax, which depends on the cadastral value of between 0.4 and 0.5% of said value.
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PLUSVALIA: each city council sets an annual percentage of increase in the cadastral value up to a maximum of 3.5% per year
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FEES and Tariffs Notary fees: 0.03 to 0.45%. Registration fees: 0.02 to 0.18%
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Value Added Tax (VAT): 10% of the property value. Only applies if you buy a new home
Energy Certificate of the house
Mandatory requirement on ENERGY CERTIFICATE of the house. Now in the sale it is mandatory since 2013 to certify by the competent technician the energy assessment of the property, to be able to attach it to the documentation of the operation. If you don’t have one you trust, we can help you, don’t worry.
Other tips for buying a home in Spain
If the property is for sale by a private individual, We advise not to process the withdrawal of energy supply contractsyes, but a change of ownership, and that the seller provide you with the latest invoices. That if it is a property with a community of owners, provide us with the Certificate of the same to find the property up to date with the payments, since otherwise the debt will fall on the new acquirer.
If the home is buy from the developer and it is an off-plan purchase, we recommend you see quality reports, delivery dates, penalties, responsibility for vices and visible defects in finishes. And that you take it into account for the notary’s signature.
One last detail, you can do all the steps yourself, but if you don’t want to lose waiting time in public administrations, long queues and you don’t know where to go, hire Carrillo Asesores, our Department Legal e International They will be the ones who give you the keys to your sleep and rest earned throughout your life.
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