THE BUYING PROCESS - A STEP BY
STEP GUIDE
There are two types of property which you
can purchase.
New homes (Developments) & Properties
for Sale (Resale properties). Please note that properties in
Spain are freehold, including apartments, not leasehold as in the UK.
The process varies slightly for the type of property you
purchase.
Reservation
Deposit Once you have found the right property, the first step is
to pay a reservation fee. This will take the property off the market whilst
negotiations between the parties legal advisors are held. This can be
paid quickly and easily by credit card and is generally non refundable. The
average is between 3000€ - 6000€.
Exchange of Private
Purchase Contracts Once the property has been taken out of the
market by signing the reservation, a private purchase agreement will be drawn
up between your lawyer and that of the seller, This usually takes 30 days for
completion. The presence of the purchaser at this stage is not needed.
Title Deeds
(Escritura) Your law firm will prepare the
documentation required for the transfer of ownership. On the appointed day the
buyer and purchaser, and/or their legal representatives, meet at the
notarys office to sign the official transfer of title deed from the
Seller to the Buyer (escritura). The witnessing of the accompanying
documentation by the notary acts as your legal safeguard that the change of
ownership will be recorded in the official registry and completes the process.
This will leave you safe in the knowledge that your property purchase
is official and free of unknown encumbrances.
Fees and Taxes
When buying property in Spain, there are certain fees and taxes to be paid. You
should expect the additional cost to be added to the purchase price to be in
the order of 10 12%. This is made up as follows:
Purchase Taxes (New
homes) 7% (16% for storage etc.), known as VAT, plus
Stamp Duty 1%. Properties for sale
(Resale) 7%, know as IDT (Transfer Tax) Title Deed Tax
0.50% of the value Legal Fees 1% to 2%
plus VAT (presently 16%) Notary Fees Based on a
fixed scale. Charges may range from € 340 for a property price of
€ 120.202 to € 601 for a property price of € 601.012.
Land Registry As a rule of thumb, 40% of what the
Notary charges.
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