Buying Process

Once you have decided to buy a property in Spain you should follow two golden rules:

Firstly, choose a good Real Estate Agent… If possible, speak to friends who have already bought and get a recommendation, or perhaps undertake some research on the Internet, primarily looking for independent online reviews (of which we have many!) Be mindful that there is no government backed Real Estate regulatory body in Spain - even so, affinity are members of the AIPP (The Association of International Property Professionals) in the UK, and the LPA (The Leading Property Agents of Spain) in Spain. Also, ensure your agent has a street based office (to be fully accountable for anything that you may need), and has most importantly been operating in your area of choice for a number of years. Finally, remember that there is no need to register with lots of agents, and by doing so will very likley impact the number of properties you will be able to access. This will also guarantee you won't receive unwanted calls until you decide to change your phone number! By registering with affinity, you are, in effect, registering with over 1500 agents but with only one point of contact - us!

Think of affinity as your personal property assistant - feel free to send us property details or references from other websites and we will do everything else, from obtaining photographs, creating a personal video for you, mapping locations, to arranging your property viewing appointments.

Secondly, find a good efficient Lawyer to advise and assist you. Again, you may have friends who can recommend one to you, or your Real Estate Agent should be able to recommend a range of independent lawyers, enabling you to make your own choice. affinity will be more than happy to help with suggesting good Lawyers, all based upon our previous clients’ experience.

Once you have chosen a good Real Estate agent, with the right experience and knowledge of the property market in the local area, they will be able to help you find the most suitable property; be it a penthouse in Marbella, a villa in Puerto Banus or a townhouse is Benahavís, affinity will endeavour to find the most suitable property to match your search requirements.

A good agent will listen to your requirements and show you the best selection of properties available, taking into consideration up and coming areas to invest in whilst at the same time comparing prices and quality, and will also be able to give you firm rental income figures in your area of choice, if you are looking to rent the property!

When you have found the right property, ensure you request all the details relating to the outgoings payable every year to maintain it; namely the charges imposed by the local Town Hall (IBI, similar to council tax in the UK), community fees, charges for waste collection (Basura), water rates, electricity charges, and property rental income and wealth tax. It's very important you understand the annual running costs associated with the property and its purchase.

When you make your decision as to the property you wish to buy, you will be asked to make an immediate payment of a refundable reservation deposit (normally ranging from €6,000 to €50,000, dependant on the purchase price). This deposit ensures that the property is taken off the market whilst your agent negotiates the best price for you, at the same time showing the vendor that you are serious about purchasing their property and ensuring that it is not sold to another client whilst the negotiations take place. Once a price has been agreed, the deposit becomes non-refundable, and you will generally have a period of between ten and fifteen days to exchange contracts and pay a further 10% of the purchase price (called the signing of private purchase contracts). During this time your lawyer will carry out all the necessary legal searches on the property you wish to purchase.

From here on, until completion of the purchase, your lawyer will assist you in all the different steps involved in the transaction. There are many excellent English-speaking Spanish lawyers in Spain and choosing the right lawyer is your guarantee that all Spanish legal requirements are met, that the property is registered in the vendor's name and that it is free of any mortgages, charges, encumbrances, debts or other liabilities. Your lawyer will also negotiate and discuss the purchase terms with the vendor’s legal representative. The terms should not be limited solely to price, but should cover in detail all your requirements such as the completion date, method of payment, furniture included, etc. They will also assist you with your applications for an NIE number (a tax identification number) and the opening of a Spanish bank account - both legal requirements for owning a property in Spain. We also strongly suggest granting your Lawyer power of attorney to buy and sell the named property on your behalf, as this will ensure that you do not need to re-visit Spain in order to sign documents, and more importantly, if something were to unexpectedly happen in your life or the world (another lockdown is a very good example) which would limit travel possibilities, your Lawyer would still be able to complete the purchase or sale on your behalf). This costs just under €100 to organise, when compared to organising in your home country the cost will be closer to €500.

Once all the searches have been satisfactorily carried out, the lawyers will draw up the private purchase contract. On a resale property, you will normally pay 10% of the purchase price on exchange of contracts (PPC). This amount is not normally refundable if you then decide to back out of the purchase for any reason. Conversely, if the vendor fails to perform their obligations, you will be entitled to the resolution of the contract enabling you to claim damages or to demand the obligatory fulfilment of the contract.

On a new development purchase, you will generally exchange contracts with a payment of between 20% and 30% (plus the 10% IVA, or VAT, on that payment) of the purchase price, although this percentage can vary according to the development. There may be additional stage payments to make during the construction period - again this depends on the developer's terms of payment.

Finally, on the day fixed for completion, your lawyer will go to the Public Notary to sign the Title Deeds, making the final payment to the vendor’s lawyer, who will simultaneously pass over possession of the property to you, and hand over the keys.

At this stage, the sale is complete and immediately your lawyer will have the original title deed submitted to the Land Registry for registration of your title. Your lawyer will also arrange for the transfer of utilities and services such as water and electricity, into your name, and organise their payment through your Spanish bank account.

The purchase of a property in Spain will involve the following expenses:

1.1) 8% transfer tax on the purchase price for properties up to €400,000.

1.2) 9% transfer tax on the purchase price for properties from €400,001 to €700,000.

1.3) 10% transfer tax on the purchase price for properties from €700,001+.

1.4) 10% IVA (VAT) on new build properties.

These figures are for resale properties - this rate increases to 21% if you are purchasing plots of land or car parking spaces where you are the first owner (if it’s a resale plot of land then you pay the reduced transfer tax rate of 7%).

**PLEASE NOTE THAT AT PRESENT TRANSFER TAX (ON RESALE PROPERTIES AND PLOTS OF LAND) IS FIXED AT 7% NO MATTER WHAT THE PURCHASE PRICE.

2) 1% legal fees (plus IVA, which is VAT at 21%).

3) Approx 2/2.5% in stamp duty, notary and land registry fees (Notary fees at approximately 0.5%; property registry at 0.4%; stamp duty at 1.5%, and finally anywhere from €200 to obtain your Spanish NIE (identification) number and power of attorney (around €100).

**PLEASE NOTE THAT STAMP DUTY IS PRESENTLY REDUCED TO 1.2% ON NEW BUILD PROPERTIES.

So, your rough buying costs for a resales property will be around 10.5%, and on a brand new property around 13.5/14%.

If you need to, or prefer to raise finance in Spain, there is no longer an extra cost to do this, although you will find many agents will still inform you that there is a cost (they used to be a further 2% to 3% to pay). These costs were made up of the mortgage arrangement fee and additional notary and land registry fees for the registration of the mortgage, meaning your total purchase costs would have been approximately 14% to 15% of the purchase price on a resale property.

Raising finance is generally straight forward in Spain dependent upon your personal circumstances, however we recommend you take professional advice as to whether it is beneficial for you to do this in your home country or in Spain - affinity can of course assist you with this.

Plusvalia is a tax levied by the local Town Hall and is based upon the particular area where the property is located; the surface area of the land; on the cadastral value and on the date of the previous title deed. This tax may range from a few hundred Euros to as much as several thousand Euros on larger properties with substantial land, or if there has been a dramatic increase in the value of the property. By law the vendor is obliged to pay this tax, but it is common practice for both parties to negotiate on who is to assume this liability.

Once your purchase has completed, we would also recommend that your lawyer draws up a Spanish Will for you, to ensure that your Spanish assets are dealt with as you would wish them to be.

If you would like any further help or advice from affinity, with regards to financial or legal matters, please contact us on +34 952 812 897 or 020 3930 9672, and we will be delighted to put you in touch with a number of professional law firms and/or qualified financial advisors.

Below we have detailed a brief description of certain terms you may hear your agent or Lawyer mention...

LEGAL FEES

The fees for representing you in the purchase of the property are normally 1% of the purchase price, with a minimum of 1,500 Euros. This service includes:
Assistance in closing the purchase: general assistance and negotiation in the closing and acceptance of a purchase and sale offer
Assistance in Reservation/Private Purchase Contract/Completion phase
Step by step guidance and instructions
Review of documentation
Drafting of agreements/contracts/deeds
Exchange agreements/contracts/deeds and/or legal representation
Financial transaction (Escrow account, bank cheques, transfers etc)
Due diligence: Searching and written report on ownership, planning and taxes/services/encumbrances
Physical property status check before completion of purchase (general state of property, keys, electricity meter, water meter)
Coordination registration process

VAT on legal fees is as established by Spanish Law: 21%

Provision of funds Searching costs: Cost for obtaining search documentation. This includes information from Town Hall and a Nota Simple which is an extract from the Land Registry confirming the latest status of the property (ownership, debts, mortgages, claims, etc).

NIE numbers: NIE numbers are Spanish fiscal registration numbers, and all purchasers need to have one. The amount covers the full application process with associated costs to official bodies plus the first registration with the fiscal authorities.

Provision of funds bank commissions: A provision to cover commissions charged by the bank for making transfers and issuing bank cheques related to the purchase.

TAX ON PROPERTY PURCHASE

Property Tax: Depending on the situation of the property; either one of the below:
NEW PROPERTY: 10% IVA (VAT) and 1.2% Stamp Duty.
RESALE: 7% transfer tax calculated on the purchase price.

Power of attorney: In order for your Lawyer to represent you in the mortgage and purchase operations you it would be best to sign a Power of Attorney. This provision covers drafting of the document, assistance in the signing, collection from the notary and further administration. The cost to the Notary is normally around €90 - do this in the UK and expect to pay in excess of £500.

Provision of funds for Notary fees: The signing of the Title Deeds must be done before a Spanish Notary. The amount represents the fees charged by the Notary for this public document relevant to the purchase - 0.5%.

Provision of funds Land Registry fees (property): Registration costs of Title Deeds of the property purchase under your name into the Land Registry. The fees are charged by the Land Registry - 0.4%.

Registration of Deeds: Cost for Gestoria services. A Gestoria (pronounced hestoria) is responsible for liaising between Notary and Land Registry in order to carry out a correct registration of the Title Deeds. In case there is a mortgage involved, the bank appoints the Gestoria.

Utilities: The costs for contracting the utility companies and the set up of direct debits.