The Process of Buying
Let us guide you through the purchase procedure and the services that we offer…
The Day of your Purchase
After Purchase Support
Our services in more detail
If you are buying a new property in Spain that is ‘key ready’ or if you are buying off plan, you will need a lawyer. To ease the burden and cost of finding one, the developer may suggest that you use theirs. Afterall, it’s quick, easy and cheap. The property is new, so what what could go wrong? The flip side is, you are making a big decision and you will unlikely spend this sum of money again. The role of a lawyer is to protect your interests and make sure that the property you buy is 100% compliant with all legal requirements. In any significant purchase, like property there will be questions arising that need an answer. The difficulty arises when one lawyer is acting for both parties how can their advice be impartial?
Uncharitably perhaps, you may think the developers interest is best served as the lawyer will likely get more repeat instructions! Why take this risk? Finding a high quality independent lawyer to represent you is not difficulty when you know how to find one. We have prepared a short guide on how to do it.
Click our guide “Finding a good independent Spanish Lawyer to represent you.”
Are you interested in buying a Spanish property? Are you buying an off plan Spanish property? Or reforming a ruin?
Whatever your reason or motivation for buying a property in Spain, it is an exciting thing to do. Perhaps it’s the realisation of a long-held dream that been in the planning, until this point. We enjoy sharing that sense of anticipation with our clients and want to make the legal process of buying Spanish property as pain free as possible. As native speaking English lawyers here in Spain, we can explain the process to you, help you decide on a region or an area and give an idea of the costs involved when buying in Spain.
We have been helping people in the UK and Ireland buy property all across Spain since 1985. The region where we do most of our work is the Costa Blanca and Costa Calida.
Each step of the way we are here to help you through the Spanish conveyancing process from start to finish and committed to providing you with the following quality services:
Power of Attorney
If you are not in Spain full time or you do not to come out to Spain each time there is a development meeting or document signing, you will need a Power of Attorney to progress your property purchase.
Power of Attorney gives your lawyer the legal right and responsibility of managing your financial and related affairs.
This is useful for the buyer/seller if you are unable to attend to your financial duties on a temporary or permanent basis.
Arranging a Spanish power of attorney from the UK
You do not have to be in Spain to grant your Spanish Lawyer Power of Attorney. During lockdown a number of clients were able to successfully do this by following our guidance. We have prepared a guidance note on how to do this which can be downloaded here.
Additionally, you will need to be able to find a UK notary near you and a list of them and where they are is available here
N.I.E. is an abbreviation for Número de Identidad de Extranjero, which translates as: Foreigners’ Identification Number.
The NIE is an all-purpose identification and tax number in Spain. You need an NIE number for any official or legal process in Spain. For example, you will need an NIE number to buy a property, buy a car, get connected to the utilities and to pay your taxes.
Spanish Bank Account
A Spanish bank account is required for easy payments of expenses and utility bills. Even if you have a UK bank account in Euros, it is often not possible to use these accounts or the automated payments of water, electricity and taxes. Even something as simple as paying for parking penalty can require a Spanish bank account.
We can open a Spanish bank account on your behalf with a power of attorney.
Depending upon your circumstances, it can be advantageous to buy a property in Spain using a UK company.
We can advise you further on this topic and assist you if you wish to do this.
The process will require the articles and memorandum of incorporation to be translated into Spanish, and so the process of buying is a little more complicated, but there can be advantages with regards to passing on the shares of the company in the event of a sale or death.
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- Pre-purchase. Preparing and negotiating the private purchase contract for the residential property.
- Legal checks – a complete set of legal checks on the property
- Necessary documentation: NIE, Bank account and POA
- Completion. On the day, full day of completion support including translation services, attending the notary, signing of title deeds
- Post completion. Ongoing post completion services including registering your deeds at the land registry and changing over of all utility services.
- Tax services, including reclaim of 3% retention, residents/non-resident taxes and landlord tax