Legal Advice

If you choose us, as your Real Estate professional, our team of Engel & Völkers Pals, whether you want to buy, sell or rent, we will advise on all legal steps, and wherever possible, managing all the paperwork ourselves. Always making you easy the process.

Operation of sale and purchase:

Foreign clients:

  • The N.I.E. is an Identification number is used by the foreign people in Spain, it is a mandatory document and issued by the police, without which you can’t buy a property in Spain or hire utilities. N.I.E. Applications normally take about to months to be processed, so it is very important to present the application on their behalf at the very beginning of the buying-selling process.
  • Spanish bank account: You must have a Spanish Bank account in order to make public supply contracts and pay bills by direct debit. If desired, and if you don’t have any bank account in Spain, we will take care of opening it for you.

Cédula de Habitabilidad (Certificate of Occupancy)

  • The house will have to have up to date the certificate of occupancy, which is the document certifying that the property has all the conditions and regulations to be inhabited.

IBI (Impuesto sobre Bienes Inmuebles) property tax. We should note the following:

  • We shall certify that the IBI (annual tax on property) has been paid by the seller and has no outstanding debt on this account the day of the deed of sale.
  • If the property is new construction will ask the seller a copy of the new statement of work, together with a copy of the Declaration of Alteration of Real Urban Nature. This will be enough to evidence that the property is registered for eventual payment of IBI

Verify the registration of the property:

  • We will ask the Land Registry, a certification of charges on the property, thus we can see if there are any liens or encumbrances affecting the property. Do not buy a property without first having applied for such certification.

Contract of sale

  • Approximately one to two months after the “reserve” of the property expressed by earnest money contract, you should be prepared to sign the Deed of Sale.
  • We will ensure that the seller sells the property free from liens, encumbrances and tenants. Both parties or their authorized representatives must sign the deed of sale before a notary.

Neighbouring Community

  • We shall receive the last receipt of the expenses of the community regarding the payment monthly or anual and asking for to the president or manager of the community a copy of the minutes of the last meeting of the residents and their regulations, or where appropriate certificate of the community Manager stating that there is no approval, prior to purchase, of major work to do in the building.

Costs and fees:

Under Spanish law, the buyer will be responsible for:

  • Transfer Tax or VAT if applicable, if the purchase relates to new construction work.
  • Registration and Notary costs

The seller will be responsible for the Plusvalía (Capital gain) on the benefit that results from the increase in sales value.

When the client is a foreign seller, it will be retained a 3% in concept of IRNR (Income non-Resident Tax) to pay to the Treasury the capital gains tax on real estate.

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