If you are going to invest in housing in Spain
Acquiring a property is an important investment that comes after a very thoughtful decision. It is not a complex process but we must know in what terrain we move. When the buyer is foreign, the lack of procedures and bureaucracy involved in a home buying and selling process is added. Before taking any false step it is advisable to know a number of factors to take into account when you are considering buying a flat in Spain.
1. A private contract must be signed between the buyer and the seller where the main aspects of the operation are established: final price of the residence, quantity that could be delivered as a signal, date of delivery of keys, among others. It is not obligatory to register it in any registry but it is valid in the eyes of the law.
This document should contain the following information:
· Who puts the rubric on behalf of the seller. It is usually the manager or agent of the company if it markets a promoter. When it is a transaction between individuals have to sign all the owners of the house, if there is more than one, and the spouses if it is a living or family home.
· Loads that the property may have. Check if you have a mortgage or weigh some type of embargo on it, debts to the community of owners, etc. This can be checked by requesting a simple informative note in the Property Registry. There are details that can be left out of this, so it is not too bad to ask for a certificate of urban legality to the town hall of the town where the property is located.
· Price. The final cost must be clearly identified in the form in which the payment is to be made. All this must correspond with reality if you do not want to have problems with the law.
· Signal as a reservation. Signing this private contract usually provides an amount of money agreed between both parties. In the event that the buyer retracts his decision will lose that amount. If the seller decides not to sell, he must pay the first double the amount received.
· Selling expenses. If nothing is agreed in this respect will apply the legislation in force according to the autonomous community competent in each case. By law, the surplus value corresponds to the seller.
2. Public deed of sale.
It is mandatory only when a mortgage loan is contracted but, in general, it is done in most cases, and before a notary public. This includes the conditions of the operation and buyer and seller declare their willingness to carry out this operation. Public deeds provide legal certainty. In this point as in previous, whenever we resort to some type of intermediation to manage or process documents do not forget to ask for invoices and proofs that prove that the service was requested.
3. Procedures a posteriori.
Once you have passed the previous phases you have to register the property in the property register. You can do it personally or trust external professionals to deal with this documentation. It is essential to meet deadlines to avoid possible sanctions.
Another important point is to change the ownership of the housing, electricity, water, community, telephone line if any, etc.
4. Costs arising from the acquisition of a dwelling
Together with the cost of the floor or the house itself, becoming an owner entails an added expense that must be known and taken into account. There are the expenses that involve the use of a notary, the registration of the property and / or the managers involved in the operation.
The list of allowances to be made continues with taxes: VAT, which is 10% for new construction; The Tax of Patrimonial Transmissions, in residences of second hand, that is of between 6 and 10%; The Tax of Documented Legal Acts (AJD), of between 1 and 1.5%; among others.