This is a very brief guide to purchasing property in Spain. We will be more than happy to answer
any questions you have and can introduce you to an independent Spanish solicitor who will guide
you through the whole purchase process and ensure all the papers are in order. We strongly
recommend the use of a Spanish solicitor when purchasing property. Appointing a lawyer in England defeats the object of having someone local on the ground and you will find that your English lawyer will use a Spanish lawyer and you will end up paying double.
Proof of ownership of a property is through the Property Register. This register will show if the seller owns the property free of any charges.
When you have decided on the property the first step is to make a verbal offer which we will be happy to do for you. Negotiations will then proceed until a price is agreed when you should appoint a lawyer to formalize the agreement.
The lawyer, who should be fluent in your language, will carry out the necessary checks on the property and complete the legal requirements of the sale. The first check is normally to obtain from the Property Registry a "Nota Simple" which will identify the registered owner and provide details of mortgages or embargos on the property.
You should obtain from the seller receipts for payment of IBI (Impuestos sobre Bienes Inmuebles), the annual real estate tax. These will show the "Valor Catastral" the assessed value of the property on which your property income tax will be based.
If you are buying a new property ask to see the "Declaracion de Obra Nueva" and the "Declaracion de Alteracion de Bienes Naturaleza Urbana".
Where there is a community involved ask for receipts for community charges and obtain minutes of meetings from the president to identify any problems. A chat with the neighbours would also be a good idea.
After the price is agreed and the "Nota Simple" has been checked you may wish to pay a small holding deposit to take the property off the market and reserve it until you can make completion. Your lawyer will prepare a formal offer and agreement for this purpose.
The exchange of private contracts or the signing of an option to buy would normally take place about two weeks after the formal acceptance of an offer, when the lawyer would have completed his searches. The contract would set out all the agreed terms and state a date for completion. It is usual for the buyer to pay a 10% deposit at this stage which is non-refundable.
On the assigned day buyer and seller (or their authorised representatives) will attend the office of the notary to sign the "Escritura de Compraventa" (the title deed) which should state that the property is sold free of charges, mortgages and tenants. The notary does not check the terms but solely certifies that the parties have agreed them. At this point the balance of payment is made and possession passes to the buyer.
Your lawyer will arrange payment of taxes and fees and register your title deed at the Property Registry. This should be done promptly. Don't forget to have the property insured.