The process of purchasing a home in Spain is a little different than in Belgium or the Netherlands.
In Spain, the key role is reserved for the Spanish lawyer.
It is this lawyer who actually does all the important work and is also responsible for all his work.
The notary only takes all the information and confirms it in an official document.
Choosing the right lawyer is therefore essential.
We will advise you on this and make sure you have a lawyer who speaks your language!
- verify who the actual owner is
- verify whether the property is burdened with certain debts
- verify whether the property is burdened with a building violation
- verify the exact intended use of the property
- verify the details of the registration office
- verify the details of the land registry
- verify the legal validity of the purchase agreement
presence at the signing of the notarial deed - general advice on the administrative procedure
In addition, there are also a number of administrative tasks that need to be fulfilled. We will take care of this part.
We also think of the following:
- the application for a compulsory NIE registration number, also known as the ‘numéro de identidad extranjero’
- a possible application for a mortgage loan from a Spanish bank
- Did you know that you can even have up to 50% of your purchase price financed by a Spanish bank?
We are also happy to advise and assist you with the following:
- following up the payment of any advance payments
advise you on whether to choose a ‘new build’ or a ‘resale’ - advise you on cash payments
- advise you on registration and other costs
- advise you on the general purchasing process
- advise you on property tax and other taxes organise utility connections etc. etc.
The purchasing process is therefore slightly different than in Belgium or the Netherlands. The broker, the lawyer and the notary actually work together and form a single team. However, it is the lawyer who must perform the most important tasks and is also legally responsible for doing so. His or her task is therefore the most important.
Overzicht van de verschillende stappen van het aankoopproces :
1 – Reservation of the property
If your bid is accepted, you will be asked to sign a reservation agreement and make a deposit of usually 3,000 or 6,000 euros into the lawyer’s escrow account.
At that point, the property will be taken off the market.
2 – Drawing up the sales agreement, also known as the preliminary sales agreement
After the first step, the reservation, the lawyer must now conduct a thorough investigation into all important legal aspects of the property.
If this investigation is positive, the lawyer will draw up the sales agreement.
This sales agreement must be signed by both the seller and the buyer.
Upon signing this sales agreement, it is also customary for a 10% deposit to be paid into the lawyer’s escrow account.
This sales agreement clearly states, among other things, the period within which the notarial deed must be executed.
Just like in Belgium or the Netherlands.
3 – Signing of the notarial deed
The notarial deed is of course drawn up by the Spanish notary and must be signed by all parties in the presence of the notary.
The process is basically identical to that in Belgium or the Netherlands.
The lawyer will of course ensure that the notary obtains all the necessary information.
If you cannot or do not wish to be present when the deed is signed, you can easily appoint a proxy.
4 – Registration rights
After signing the deed of sale, the buyer has 30 days to pay the registration fees and to register the deed in the property register.
Other organisations such as the municipality, the land registry and the utility companies are also notified.
All of this is also part of the lawyer’s job.
The procedure is slightly different when purchasing a home off plan.
Because the house is not yet finished, the lawyer must also check other matters, including:
- Is the building permit in order?
- Is the developer solvent?
- What if the house is not completed on time?
- Checking the specifications
- Advice on any interim payments during construction
- legal final inspection upon completion
- checking the developer’s insurance for any hidden defects that could only come to light after you have moved into the house, for example
- checking the ‘first occupancy’ certificate, or the ‘licencia de primero ocupacion’
- preparing the file for the notary
As you can see, the lawyer has a key role to play.
We will therefore guide and assist you every step of the way.
