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| What are the first steps? Contact Us |
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By the time you have found a property you wish to buy you should ideally already have decided on the bank or building society you will be using, and the amount and type of mortgage you will be having. Lastly, but by no means least you should also have obtained quotations from a few solicitors and decided on which one you will be instructing in regards to the purchase. When you purchase a home from us, we aim to ensure the house buying process is as smooth as possible. With our local knowledge of the area we can arrange interviews with lending institutions and place you in contact with legal advisers and financial planners. |
As
you are most probably aware, the home buying process in Spain varies
considerably from that of Gibraltar or the U.K.. Whether you are
planning on buying a home as your primary residence or as a second home,
you should ensure that from the outset you have a grasp of the basic
conveyance procedure as this will reduce the possibility of any problems
arising at a later date.| Should I pay a deposit? Contact Us |
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The private sales contract will contain a description of the property, the timeframe for completion, and detail who will be responsible for the purchase/sale costs. At this point, the deposit will become non-refundable, unless the vendor is unable to produce a good title to the property in the given time-frame stated on the contract. |
It
is standard procedure in Spain for purchasers to pay a deposit of
between 5-10% of the purchase price to either to the estate agent or
developer whilst they are arranging their finance. Usually the vendor's
lawyer will request that a private sales contract (Contrato de
Compraventa) be drawn-up between the vendor and prospective purchaser.| What is a management company? Contact Us |
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The Law of Horizontal Property (la ley de Propiedad Horizontal) regulates joint ownership of common property within apartment buildings and semi detached housing. |
The
majority of modern apartments in Spain have a management company
(Comunidad de Propietarios), which manages the upkeep of the development
as a whole. The persons who own units within the development own the
Management Company and contribute to the running costs of the
development by way of service charges.|
Mortgages Contact Us |
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As a guide, the major lending institutions in Spain will lend up to 2½ times the main income plus one times the second income, but please note that this may vary depending on the bank or building society chosen by you. If you do decide to take a mortgage with a Spanish bank you should also be aware that the mortgage will be repayable in euros, meaning that non-UK foreigners in Spain will no longer have to worry about exchange rates and currency fluctuations. As an initial step, we can gladly arrange an interview with a financial consultant for you, and thereafter also arrange meetings with either local or Spanish lending institutions. Remember, our help is only a call or e-mail away! |
There
are banks in Gibraltar and Spain from whom you can borrow money from to
finance the purchase of your Spanish home. Generally speaking, the
maximum amount any lender will forward is 70-80% of the purchase price.
The amount you can borrow though will depend on such factors as your age,
earnings, and the amount you want to borrow, taking into consideration
the value of the property.| Do I need a Survey? Contact Us |
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Before your bank or building society agrees to lend any money, they will insist on a survey of the property. In reality it will consist of little more than a valuation for mortgage purposes, unless you ask and pay for a more extensive survey. In the case of older properties it is always advisable to appoint a surveyor to undertake either a Home Buyers Survey and Valuation (H.B.S.V.) or a Full Structural Survey. When you have chosen your surveyor, ask him to confirm the instructions, the fee and the time scale for receiving the report in writing. Finally, the surveyor should, of course, be fully qualified (ARICS/FRICS/ASVA/FSVA) and highly experienced in the type of report you are requesting. |
When
you buy a property, the legal principle of "caveat emptor" (let
the buyer beware) applies. To protect yourself, you need professional
advice from a surveyor.| Which solicitor should I appoint? |
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House sales can fall through for many reasons, and it s advisable to ask your solicitor in advance what he would do regarding charging you in the event that the sale fell through for no fault of your own. If for example, you find an alternative property, many solicitors will not charge other than a nominal amount, but the point is well worth checking. Contact Us |
Choosing
a solicitor is not necessarily an easy matter. Although cost is an
important factor, above all else you will want someone who is well
versed with Spanish Law. Speed is vital because a delay at any stage
could result in you losing the property you want. Hence the importance
of your chosen solicitor keeping in contact with you on a regular basis.| What are the approximate purchase costs? |
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1. If you purchase real estate (including a villa, apartment, land, commercial premises or garages) from a vendor who is neither a developer or a habitual trader in the property resale market. 6% Transfer Tax: 2. If you purchase real estate (including a villa, apartment or garage) from either a developer, promoter or a habitual trader in the property resale market. 7% VAT & ½%
Stamp Duty: 3. Where the vendor is a developer, promoter or a habitual trader in the real estate market and you purchase either commercial premises, commercial garages or land. 16% VAT & ½% Stamp Duty: |
As
a guide, the total official costs involved in purchasing property should
be around 10% of the purchase price on average, which is comprised as
follows:| Notary & Property Registry Fees: |
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Depending
on the final purchase price, the notary and registry fees should not
amount to more than approximately £800 for smaller properties up to
20,000,000 Ptas and £1000 for a property valued at 30,000,000 Ptas| Legal Fees: |
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These
are normally based on 1% of the purchase price, but be prepared to shop
around and you should be able to get competitive quotes. We work in
conjunction with all local and Spanish lawyers along the Coast and can
gladly arrange quotes for you.| Plus Valia Tax - (Capital Gains Tax): |
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In order to ensure the vendor pays the Plus Valia, we advise any prospective purchaser to agree with the vendor that a clause be incorporated into the Contract of Sale stating that the tax will be deducted from the purchase price, thus ensuring that payment of the tax can be made upon demand. As there are several variables used in calculating this tax, the amount payable can vary substantially and it is advisable to verify the amount payable before proceeding with the purchase. |
This
tax is based upon the increase in value per square metre of the land
from the prior (vendor's) purchase to the present day, according to the
Town Hall Index value. In principle this tax corresponds to the vendor,
but it is common practice along the Coast for the purchaser to pay it,
because in the event of non payment by the vendor, the authorities will
look to the current owner of the property for settlement.
 El seguro de tu coche, ¡Gratis! |
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