Buy a property in Spain
Here we detail the steps of the purchase process.
THE INITIAL PROPERTY RESERVE
The usual procedure in Spain is to establish a reserve deposit. The amount of the deposit is normally agreed by the parties and is accompanied by a reservation contract, which includes the names and supporting documents of the buyer and seller, the agreed sale price and any conditions established in the purchase. The amount of the reservation is delivered to the real estate agent or manager. It is recommended never to pay a reservation deposit directly to the owner.
The manager is responsible for ensuring in the property registry that the documentation of the property is correct, free of liens or debts. Existing seller mortgages are often paid off when the final purchase is made.
THE DEPOSIT CONTRACT
Once everything is reviewed, the buyer and the seller will sign a deposit contract. The buyer will pay a 10% deposit (minus the Reservation deposit *if applicable). In this contract, the identities and details of the buyer and seller are established, as well as the agreed price of sale and the date for the final transfer of ownership of the property. At this point, if the buyer decides to withdraw from the purchase, he will lose his deposit and if it is the seller who withdraws his property from the sale, he will be forced to pay the buyer double the deposit delivered by him, unless another agreement is reached, in concept of autonomy of will.
In the final phase is when the rest of the amount is paid and the Deed is signed before a Notary. After the signing of the deeds, your lawyer will register the property on behalf of the buyer with the local Land Registry office.
The people who will appear in the deed of sale must be identified, if they are Spanish by means of the DNI and if they are not residents in Spain, the Ministry of the Interior requires that they obtain a Certificate of Non-Residence, in which a fiscal number is determined, which will also be required to pay the corresponding taxes. This document is known as the NIE number and must be requested directly and in person at police stations, consulates or Spanish embassies, since power of attorney is not accepted.
When the purchase is made directly from the property developer:
New promotions – 10% VAT on the purchase price.
When the purchase is made from another owner, the Property Transfer Tax (ITP) is paid as specified in the following table:
- Purchase Price €0-400,000: 8%
- Purchase Price €400,000 – €700,000: 9%
- Purchase Price Over €700,000: 10%