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Spain is still one of Europe’s top tourist destinations
and thousands of Brits now own a Spanish home.
The
process for buying a property Spain is relatively
straightforward and foreign nationals have the right to
buy without restrictions. |
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The buying process in
Spain. |
Making an offer.
When you have found a property the next step is to make
a verbal offer through your agent. As in the UK, it is
very common i for the price the asking price to be
negotiable, so set your budget and be prepared to
haggle. If you need finance you'll now need to apply for
a mortgage. You may have already sought an agreement in
principal from a lender but if not it's good to seek
advice from a specialist
overseas mortgage broker.
Instructing a solicitor.
Once a price is agreed you should appoint an English
speaking solicitor to formalise the agreement. Your
solicitor will obtain from the property registry
documents which identify the registered owner and
provide details of outstanding finance or embargos on
the property and whether all the correct titles deeds
are in place.
If the property is located in a gated community, ask your solicitor to
obtain details of community charges and if possible ask
the president for copies of notes from recent meetings
to help identify any serious problems.
Exchange of contracts.
The exchange of contracts would normally take place a
couple of weeks after the formal acceptance of an offer.
The contract would set out all the agreed terms and set
a date for completion. The buyer now pays a 10% deposit
through the solicitor.
Completion.
The balance of the purchase price will be payable when
the vendor & purchaser sign the definitive property
contract equivalent to the Deeds of the property. Your
Solicitor will need confirmation of any mortgage offer
or finance agreement needed for the purchase and will
now arrange payment of property taxes and fees. On
completion your solicitor should register your title
deed at the property registry.
Most of us will need to raise some finance to complete
the purchase of our Spanish home. Nowadays both
international lenders and local banks are willing to
consider mortgage applications from foreign nationals
hoping to buy a home in Spain.
Lending criteria.
Spanish Mortgages are normally available for up to 80
percent of the purchase price. This generally means
you’ll need to find a 20 percent deposit and be able to
prove your income. Self certification mortgages in Spain
are not normally available.
As with UK mortgages, borrowing limits are typically
based on your gross income and ability to repay the loan
once regular outgoings are taken into account. Lending
criteria & rates vary between mortgage companies so
its prudent seek advice from a specialist
overseas mortgage broker for advice.
Mortgage term.
Mortgages are available over 5-40 years and lenders will
not normally take into account rental income when
calculating an applicants level of borrowing.
Compared
to other countries, property transaction costs in Spain
are moderate. You should set aside around 12-14% on top
of the property price for fees.
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Summary of
costs. |
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Buying
costs. |
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1. |
Mortgage fee
(including
valuation) |
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2. |
Property
Transfer tax |
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3. |
Notary and
Land
Registry fee |
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4. |
Title Deed
Tax |
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5 |
Solicitor's
Legal fees |
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Total cost
budget |
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Selling
costs. |
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1. |
Agent's
commission |
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Total cost
budget |
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Legal costs for buying property in Spain.
The Notary fees are fixed by law and are based on a
sliding scale. A registry fee is also payable on
completion. If you decide to use a solicitor, these fees
will be in addition to the Notary fee.
Property tax in Spain.
For new properties VAT of 7% and stamp duty of 0.5% is
payable on completion. For second hand properties a
transfer tax of 6 – 7% (Impuesto de Transmisiones
Patrimoniales or ITP) is payable on completion along
with a municipal tax called "Plusvalía municipal".
Spanish estate agent’s fees.
The buyer does not have to pay separate estate agent
fees but It is worth noting that the agent is paid from
commission once the property has been sold. The
commission is normally included in the price of the
property and some agents can demand over 10% of the
property’s value in fees. It’s worth asking how much of
the advertised price is being swallowed up by
commission, if it’s very high you could try negotiating
a reduced figure.
If you sell a property in Spain the agent’s commission
is normally deducted from the sale figure on completion.
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