Buying a property in Spain (as in other countries) can be a tricky process, especially if you don´t speak the language. Here are a few basic tips and some information that we hope you will find useful. We can help you throughout the whole process of buying property from finding your perfect property up until holding the keys in your hand. We will use the help of a qualified solicitor, and we do not recommend that anyone undergoes this process without such help.

Finding the perfect property

Nowadays with the internet it is easy to find a shortlist of a few properties that you like before having to set foot in Spain. First of all you must decide on where you want the property. Consider these things - do you want to be close to a beach, close to the mountains, close to golf? How much sun do you want, do you want to be near other English-speaking people and facilities, is the property for holidays, for renting out, how easy is accessibility, are there regular flights, and of course how much you want to spend.

You must set a maximum that you are willing to spend for the whole process. You will need to consider the price of the property, estimates of repairs or improvements, and taxes and fees that will have to be paid. If you are buying a property that needs major repairs or improvements, be careful setting your budget as no job ever seems to finish on budget. Ask for quotes and add more to what they say.

Next you must decide on the type of property you are looking for, and discuss this with family and friends! The idea of an isolated farmhouse may appear to you, but you must consider factors such as security especially if the property is going to be vacant for large periods of time. You may want a private swimming pool, but don´t forget how much uipkeep this is actually going to need. Maybe a shared swimming pool is a better option, where you pay a community fee and the pool is taken care of.

The location is probably the most important factor you must decide on. You should try to get a good idea of what it is like to live in the area you decide upon before buying anything. The best way is to see the area in both summer and winter as things change a lot between seasons. Make sure you have shops handy, bars and restaurants etc. Read, read and read as much as you can about the area. A good idea is to visit the area you like before actually visiting properties, as you cannot then be swayed. Make sure your feelings about the area are good before you commit yourself to visiting properties.

Once you have decided on the location, it is time to draw up a shortlist of several properties within your budget in the area. Estate agents will normally charge a fee when you buy the property, anywhere from 2% up to 5% of the property price. Try and leave yourself enough time to see the properties without rushing. Then go away and think about it. Take notes while you are visiting so you can then go over them later. Do not be rushed into a decision by them telling you that they´ve had another offer.

Once you find your dream property, there are several things we recommend you should do before signing anywhere.

• Hire a surveyor to verify the adequacy of the purchase price.
• Ensure the property is exempt from mortgage payments or outstanding debts.
• Make sure that the property won´t be affected by any public or private building project.
• Make sure the owner has paid the Property and Capital Gains taxes and utilities (water, electricity etc), the Community charges.

You will need a Foreigners Identification Number (NIE) and a bank account to go ahead with the purchase, so make sure you leave enough time to get this done. In Granada, it normally takes around two weeks to get the NIE number. If you have to transfer money or set up a mortgage, you must also leave time.

The Purchase

Do not assume that the process is going to be the same as in England. Work on the basis that the system is totally different. Always work with a solicitor.

The Notary (Notario)

In Spain, only deeds of sale (escritura de compraventa) approved and witnessed by a notary can be registered at the land registry. He carries out certain checks on properties sold and has some duties as tax enforcer and validator of documents to be presented for registration. He will charge a set fee for this service which depends upon the area and the price of the property. He is strictly neutral and is more a referee than someone fighting on your or on the sellers´ behalf. 

This is no substitute for also using the services of a specialist lawyer. 

Your Civil State (estado civil)

In the UK, you are not normally asked for as many details as here. It is normal that they ask for your occupation, passport number, maiden name, names of your parents, place and date of birth, date and place of marriage, and most importantly your matrimonial regime. 

What is your matrimonial regime (regimen matrimonial) ? There are two options - a regime of common ownership of assets (comunidad de bienes) or a regime of separate ownership of assets (separación de bienes). Under the first regime, all assets acquired after the marriage belong to both parties. Under the second, each spouse is entitled to own assets in his own name, upon which the other spouse has no automatic claim. If possible, the notary should state that you are married under English law, and in the absence of a marriage contract you do not have a regime, but your situation is similar to a regime of separación de bienes. 

Reservation Contract

This document states that the seller agrees to take the property off the market for a fixed period and to sell it to a stated person at a stated price. The seller will usually require a deposit. This is similar to an English option contract. If you want to go ahead and buy the property you can, but you are not obliged to do so. You will however lose your deposit. 

Full Preliminary Contract (Contrato Privado de Compraventa)

This is normally the most common type of document. It is an agreement that commits both parties. The seller must sell a stated property at a stated price to a stated person on the terms set out in the contract. The buyer must buy. 

Signing the deeds

This will be signed in front of the notary. It will contain a statement that the notary has advised you of your fiscal obligations arising out of the sale. If you do not speak Spanish it is highly recommended to take an interpreter with you. Their details may also be needed depending on the notary. 

After signing

Taxes must be paid. Then your title and any mortgage should be presented for registration at the land registry. This should be done ASAP. After several months, the land registry will issue a certificate to the effect that the title has been registered. 

We hope this information has been helpful. We remind you that we can take you "by the hand" throughout this process and we will always use a qualified solicitor.  

For more information please contact us either by using the contact form on the left hand side or by ringing us on: (0034) 661258114

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