FAQ’s from buyers
I WISH TO PURCHASE IN COSTA DEL SOL. FREQUENTLY ASKED QUESTIONS AND DOUBTS- What are the requirements for a foreigner to purchase property on the Costa del Sol?
To purchase property on the Costa del Sol or elsewhere in Spain, foreigners only need an Identity Number for Foreigners, (Número de Identidad de Extranjero or NIE), which may be applied for at Government delegations or sub-delegations or at any Foreign Office (Oficina de Extranjería). If you are unable to personally apply for a NIE, you may call in a legal representative, who will do the paperwork for you if duly authorized.
To speed up the processing of the NIE (a personal, unique, sequential identification number) and enter into a mortgage contract for your home, do not hesitate to contact us:. Our team of lawyers is at your service.
- If I buy an apartment in Spain but keep my residence in my country of origin, do I need to pay taxes in Spain?
When property is purchased in Spain, taxes and expenses related to the purchase must be paid in Spain.
- Should I get a mortgage from a Spanish bank? Or is it preferable to ask for one in my country of origin?
No Spanish legislation forces buyers to get a mortgage in Spain to purchase a home. In fact, we recommend that you finance your property purchase in your country of origin. If you are not a legal resident, getting a mortgage in Spain means higher costs due to taxes.
- Can I get a residence permit if I own an apartment in Spain?
No, unless you invest over €500,000 in your home.
- Would the residence permit be granted only to me as the property owner, or may my family also benefit from it?
In Spain, family reunification is currently regulated under temporary residence. If you have purchased property in Spain worth over €500,000 and have obtained a residence permit, you may apply for an authorization to register your family in home you bought.
- Is it recommendable to use a conveyance solicitor?
It is the buyer’s decision to use a solicitor or not, but there are many reasons to hire the professional services of a Spanish solicitor specialized in real estate law. The solicitor knows the local laws and taxes better than anybody, so it is highly recommended to contact one because he will make the purchase process smooth, trouble free and 100 % secure.
- What information do I have to get about the property before purchasing it?
Before buying a property in Spain, there are some basic checks and searches to be carried out: who is the legal owner; possible charges or mortgages on it; being free of any debts regarding local taxes and utilities bills; etc.
The key point is to carry out searches in the local council and in the land registry to get updated information on the property and confirm that everything is correct and that it can be purchased without any problems. The solicitor is the right person to do these searches and confirm that the property is in good legal condition to be purchased.
In case the property belongs to an urbanization, it is essential that the community of owners confirms the property is up to date with the community rates. Otherwise, the buyer can be compelled to take over previous debts.
- Which documents do I need to purchase a property in Spain?
Buying a property in Spain is simple. The only documents requested are an original and valid (that is, not expired) passport or identity card, to confirm the identity of the buyer; and a NIE number (Tax Identification number for Foreigner), which can be obtained in the police offices in Spain. It is a quite easy procedure.
Please, also be aware that in order to transfer the necessary funds to pay the purchase price, it is necessary to have a Spanish bank account. Most of Law offices have a “clients account” for this purpose, so the buyer who uses a solicitor will only need a personal bank account after completing the purchase.
- Once the purchase is completed, do I have to do any further paperwork?
When the purchase has been completed in front of a Public Notary, it is necessary to pay the Transfer Taxes (8 % of the purchase price) within 30 days, and to take the title deeds to the land registry so the ownership is registered.
It is also necessary to change local taxes, water and electricity contracts, and community rates into the name of the buyer; as well as to order future payments by direct debit.
A solicitor will be able to arrange all these matters in a speedy way and without problems. Another good reason for hiring one when buying your property in Spain.
