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House Sales and Purchases

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Property Purchase

Firstly you will need to obtain an NIE No. (Identification) from the police and open a Spanish bank account, although you can purchase with your passport.

Always obtain details of the cost of community fees, local rates etc., as these can vary considerably.

Always add 10% to the purchase price with no mortgage facilities and 12% in the case of a mortgage facility. This will cover 7% tax (IVA) on a new property,  Notary fees, professional charges and registration fees. If the property is a re-sale then there will be 7% transfer tax to pay. The bank will also require insurance policies to be taken out with a life cover also. This is allowed for in the overall 12% in the event of your taking out a mortgage.

If you require a mortgage then you can apply to a Spanish bank and they will require evidence of income. If you are in receipt of a pension or other income from your country of origin, then a certificate from your bank will be sufficient. If you are a working resident you will need to produce your last years tax return. The bank will send a valuer to the property selected and you will receive a mortgage offer based upon the bank's valuation. Normally the bank will give up to 80% for a resident and 70% to a non resident, based on their valuation. The process will take approx. 2 weeks depending on the selected bank. Interlink are working directly with Banco de Andalucia, Unicaja and other reputable banks that can offer not only preferential rates but also a personal, professional service tailored to your particular needs, and in your language. 

Current mortgage rate of interest is around 3.45% to 4% (March 2007). Mortgages are for a period of between 5 and 30 years, according to applicant's age.

If you are a working resident in Spain you will be allowed to reclaim tax in respect of your monthly mortgage repayments. The first year you can reclaim 25% of your total repayment and 15% thereafter.

When you have chosen your property it is usual to place a holding deposit, subject to contract. This is usually agreed between the agent or vendor. A normal holding deposit is usually between € 3,000 and € 6,000.

A Nota Simple is then obtained (Local Land Registry Search) to ensure clear title, i.e., no mortgages or debts attached to the property. Meanwhile a draft contract will be received from the vendors representative for approval together with a copy of the Escritura (Title Deed). The title deed should be thoroughly checked as boundary disputes are quite common in Spain! Evidence that all bills for services have been paid.

Once satisfied that all is in order the contract can be signed and a completion date fixed. A completion can take place in as short a time as 2 days if all are in agreement providing vacant possession is available, or otherwise by mutual agreement. 15 days is normal.

The completion will take place at the Notary. His job is to produce a new Escritura (Title Deed) in your name and cancel the existing deed.

You will need to take with you, on the completion, your passport, your NIE paper, and / or Residencia and a bankers draft/s for the balance of the purchase price. 

The Escritura will then be registered at the land registry. You should receive this back within 3 months of lodgement. If you sell your property as a non-resident, then 5% of the purchase price must be paid by the purchaser to the tax authorities in order to avoid tax evasion. You will also have to pay capital gains tax if you sell the property at a later date. This will be the difference between the price in your title deed (escritura) and the declared price on the sale. This is at the rate of 35%.

If you are a resident the capital gains tax is calculated at 18% maximum and you have 2 years to pay this. If you re-invest in another property during this period, then capital gains can be avoided.

Normally, in calculating the profit made, it will be reduced, for every year of ownership immediately following your first two years of owning the property.

If you rent out your property then you will pay 25% on the rental incomes received.

These are very basic guides to give some indication of the principals of property purchase and sales.
 

If you require further information regarding House Sales and Purchase, please contact us via Email at info@interlinkspain.com or complete the Enquiry Form on the Contact Us page or telephone us on (+34) 952 441 632

 

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Last modified: March 30, 2005