Spain's rich culture, vibrant lifestyle, and stunning landscapes make it a desirable destination for those seeking a new place to call home. If you've decided to take the plunge into Spanish property ownership, congratulations! Martin Real Estate has almost a decade of experience in professionally helping our clients to make their Spanish Home dream a reality. We take pride in our experience and expertise and our knowledge will help you to find the right property, and guide you through the purchasing process with ease and peace of mind.
To ensure a smooth and successful transaction, it's crucial to understand the steps involved in buying a house in Spain. From legalities to cultural nuances, here's a comprehensive guide to help you navigate the process. Below, you will find our Martin Real Estate, 10-Step Process Guide to buying your Spanish Property.
1. Research and Budgeting:
Before diving into the Spanish real estate market, conduct thorough research on the regions that appeal to you. Consider factors like climate, amenities, and proximity to services. Simultaneously, establish a realistic budget that considers not only the property's cost but also additional expenses like taxes, legal fees, and maintenance. Contact us at Martin Real Estate, and we will be happy to guide you through the costs and supply you with a cost estimator tool, to make everything clear and transparent.
2. Find a Reliable Real Estate Agent:
Engage the services of a reputable real estate agent who is well-versed in the local market. A reliable agent will guide you through the available options, negotiate on your behalf, and provide valuable insights into the local property landscape. You already know the number one agent on the Costa del Sol, so make contact with Martin Real Estate, today!!
3. NIE Number Acquisition:
Before making any transactions, it's essential to obtain a Número de Identificación de Extranjero (NIE) – a foreigner's identification number. This number is crucial for property transactions and can be obtained from a local police station or Spanish consulate. Unfortunately, nothing can be transacted in Spain without an NIE number. It is a speedy process to get one and it is possible to buy your property in Spain now, once you obtain and provide your NIE number within four weeks. Several service providers can help (or your Spanish Lawyer, may offer the service), and there is also an express option for those in a hurry but with an extra fee.
4. Legal Assistance:
Engage the services of a qualified and experienced lawyer who specializes in Spanish real estate law. They will help you navigate the legal complexities, review contracts, and ensure that the property has a clean title. Martin Real Estate strongly recommends that you engage the services of a Lawyer for your house purchase in Spain. Fees generally are around 1% ( plus VAT ) of the purchase price. If you need a recommendation, we are happy to give you the names and contacts of some excellent lawyers, who can endure a smooth purchase process, and take care of all documentation and issues.
5. Property Inspection:
Arrange for a thorough property inspection to identify any potential issues. This step is crucial to avoid unexpected expenses in the future. The inspection should cover structural integrity, plumbing, electrical systems, and compliance with local building codes. It is not essential to engage an engineer (we highly recommend you consider doing so) but if there are any concerns or queries, we can help with a recommendation for a local SPANISH Engineer to survey your property and provide a comprehensive report on findings before purchase.
6. Reservation Agreement:
Once you've found the perfect property, you'll be required to sign a reservation agreement and pay a reservation fee. This agreement takes the property off the market while the necessary checks and paperwork are completed. This fee is normally between €6000 and €10,000 depending on the property price. This fee is normally refundable if there are any issues found as part of the due diligence process. It is best to speak to your Martin Real Estate Representative before progressing to this step to understand fully the implications of handing over your reservation fee.
7. Private Purchase Contract:
After the reservation, a private purchase contract (Contrato de Arras) is drawn up. This legally binding document outlines the terms and conditions of the sale, including the purchase price, payment schedule, and expected completion date. A deposit, typically around 10% of the property price, is paid at this stage.
8. Notary Public and Deed Signing:
The final step involves signing the public deed of sale before a notary. Both the buyer and seller, or their legal representatives, should be present. At this point, the remaining balance is paid, and the property officially changes hands. A public notary in Spain is essential to legalize all transactions, and all contracts, wills, agreements, and formal documents need final approval from a notary, there are several such offices in each major town or city. Your lawyer will help select one convenient to you and your purchase location,
9. Registration and Taxes:
After signing the deed, the property must be registered with the local Land Registry. Additionally, the buyer is responsible for paying the corresponding property transfer tax (Impuesto de Transmisiones Patrimoniales) and other applicable taxes. You should budget for 10% to be added to the purchase price to cover taxes, purchase costs, lawyer and notary fees, and other services to get you settled into your new home. Taxes are higher on new homes, so it is better to budget for 13% in this case. Again, your Martin Real Estate Representative is happy to explain more and guide you through the costs involved.
From the 31st of December 2021 7% property purchase tax: Property purchase tax reductions in Andalucia: The two principal taxes that are being reduced are property purchase or transmission tax and or stamp duty on property transactions. Transmission tax – ITP – will now be charged at a standard rate of 7% reduced from the previous sliding scale of 8% to 10%. Stamp duty – AJD – which had been charged at 1.5% is now reduced to 1.2%. This tax reduction affects declarations of new works, cessions of credit, and other property-related transactions that are signed before a Public Notary.
10. Celebration – Bienvenido a su Casa!:
Congratulations, you are now the proud owner of a piece of Spanish paradise! Take the time to celebrate your accomplishments and immerse yourself in the beauty of your new surroundings. The Spanish climate leads to natural outdoor celebrations year-round that friends and relatives back home can only dream of for a few months of the year (if even that long).
Our services include guiding you through each step of your purchasing journey. At Martin Real Estates we have a passion for excellence and thoroughness and pride ourselves in the care and support that we can provide to our clients.
Our after-sales service is second to none on the Costa Del Sol and we can assist during and after the sale by providing help with Builders, Electricians, painters and decorators, and other service providers.
Buying a house in Spain can be a rewarding adventure, provided you approach it with careful consideration and a clear understanding of the process. By following these steps and seeking professional guidance, you'll be well on your way to turning your Spanish property dream into a reality.
¡Buena suerte! (Good luck!).
