Purchase

Before purchasing property in Spain, always consult a lawyer!

When buying a property in Spain it is necessary to know if the property to be purchased is situated in the town, the city, or the countryside, and whether it has all the necessary permits and insurances. When discussing a new real estate opportunity it is vital to know if the property has building permission and whether the building plan has been approved by the responsible Planning Committee, and whether or not the fees have been paid.
Your lawyer/power of attorney will review the information given by the developing company or by the seller.

The lawyer should inform his or her client in advance about the purchase price, the lawyers and notaries fees, and the cost of the property register, along with taxes and other expenses payable.
It is the lawyer’s task to find out if the property belongs to the seller or the selling company and whether there is any burden on the property or unpaid bills outstanding.

The next step will be to pay the deposit on the property, and with this deposit the vendee can make sure that other potential purchasers are not able to buy the estate in question.
For a foreigner to obtain an ownership on a property in Spain the so called NIE number is required. This is a personal number for foreigners that can be claimed at the local police and is made out by the Ministry of the Home Affairs in Spain.
This number is essential for opening a bank account and asking for credit.
The draft of the sales contract is done only after the buyer’s deposit is paid. This document contains all the terms and conditions that the final contract will have.

The sales contract will be signed by the seller and the buyer in the presence of a notary or a power of attorney. Right before signing the contract, the lawyer will check the contract again. It is the lawyer’s task- after the contract is signed- to arrange to assign the public utilities to the buyer.
The registration process may take 2-3 months.

In the case of a country property you have to be sure that the property with its buildings is registered.
Moreover you also have to know that the size of the property is consistent with what the buyer states. If it is not, later on it may become  the source of problems.
When buying a plot you have to make inquiries about whether the area is a building area and if it is, what size of building can be built on it.

Note: Please direct any enquiries to us by phone, fax or email and we will put you in touch with our Spanish legal expert.