Purchase Process
Frequently asked question to us is "what do we need to consider when buying a house here in Spain?"
To answer that question properly, we have briefly described some steps in the purchase process, so that it gives a more complete picture of what you can expect from your dream home as a buyer.
Of course, you don't buy a house every day and certainly not a house in another country such as Spain. It is really very important that you are aware of the purchase process in Spain of a villa, building plot or apartment.
In addition to a nice range of real estate, Enjoy Real Estate also offers you complete personal guidance during and after the purchase process, so that buying a house en Español is also a pleasure and you can immediately enjoy that Spanish dream.
From applying for your NIE number to the delivery of the house. In our network we now have various local contractors, lawyers, architects, banks and also notaries, so we can always switch quickly.
We have briefly listed the steps to be taken. From our own experiences, we are well aware that finding your dream home can take a lot of time, effort and above all patience, so that is why we try to explain these steps as clearly as possible.
Step 1: Search for your dream home in Español
We start at the beginning of the buying process. Because in order to find and buy your dream home, it is important to first let us know exactly what you are looking for and also what your budget is in which you want or can search. We prefer to get to know you personally. We will then make an inventory of your needs and often first do a tour of the region to not only show you the beauty and the special locations, but also to get an idea of which region and locations suit you. During this tour we will certainly point out some houses that are for sale, but above all we want to feel where the need lies and how much it translates into the wishes and requirements. The location is more important than the house. You can change or change the house, but not the location.
Once we have found the suitable region(s) or location(s), we will specifically search for a suitable plot, house or apartment. This can come from our own exclusive portfolio or from real estate agents in the region with whom we work closely.
Step 2: Make an offer
If we have found your dream home together with you, it is wise to make an offer.
Before you make the offer, we will tell you everything you need to know about the purchase costs, taxes and other periodic costs that come with a house. At this stage, we will help you mediate and determine the strategy.
Let us know what kind of offer you would like to make and what conditions need to be taken into account. We will then pass this on to the real estate agent of the house in question. After that, the story can go one of two ways. The offer is either accepted or rejected. If the offer is rejected, it is possible to make a new offer through us.
Step 3: Reservation of the house
Has the offer been accepted? Then we are already well on our way and we can speak of a verbal agreement regarding the purchase price. To prevent the house in Spain from passing you by, it is necessary to reserve the house. You have to make sure that you want to buy the property.
You can arrange this quickly and easily by means of a reservation document and making a deposit. The amount of this amount varies, but in any case, take into account an amount between € 3,000 and € 5,000,-. This is not included in the extra costs, the deposit will be deducted from the agreed purchase amount. When all parties have put a scribble on the document and the deposit is received by the seller, the property in Spain is taken off the market. This means that on all house websites and social media the house is addressed as reserved and therefore no viewings or offers from third parties are possible and you therefore have the potential only right to the purchase.
However, there is also another possible scenario in Spain when it comes to buying a house. After the acceptance of the offer, the part of the reservation is skipped and you immediately switch to a purchase contract (this is called an 'arras').
In this case, it is wise to be assisted in the further purchase process by Gestor/Advocaat for all legal checks. The Gestor/Lawyer checks, among other things, whether there are still any debts on the house you want to buy and ensures that everything is done according to the legal regulations.
In addition, a Gestor/lawyer can help you with opening a Spanish bank account and applying for a NIE number (BSN number) which are required for buying a house in Spain. Through our extensive network, we can put you in touch with a Gestor/lawyer here in Spain who will assist you in buying a property. In addition to Spanish, many also speak English and even Dutch or French.
Legal checks when buying a house and Spain;
- Determine who owns the property and verify that the seller is entitled to sell the property.
- Check that the property is legally registered in the corresponding property registry/land registry.
- Checking that the property is free of costs and debts (mortgages, seizures, etc.) when transferred.
- Check that the property has received corresponding municipal building permit from the town hall.
- Checking that the legal requirements of the plans and rights of the property have been respected.
- Research, prepare, and sign all contracts required to complete the purchase.
- Gestor/Advocaat will then proceed to pay all costs and taxes arising from the purchase on behalf of the client (you as the buyer). This also includes registering the public deeds in the corresponding Land Registry.
The Gestor/Attorney will then proceed to pay all costs and taxes arising from the purchase on behalf of the client. This includes registering the public deed in the corresponding land registry.
In addition, the administrator/lawyer can provide additional services, such as drawing up a will, transferring gas, water and electricity, and paying bills and taxes.
You will also need a Spanish bank account and a NIE number for the transfer. The NIE (Número de Identificación de Extranjeros) is the Spanish beasting number.
Once the lawyer has completed the legal checks, they will notify you of the results.
Step 4: Signing the preliminary purchase contract
If there has been a reservation first, the next step is to sign a preliminary purchase contract. Keep in mind that you will need to pay a deposit here as well. At this stage, count on an amount of 10% of the purchase price, from which you can already deduct the costs you paid at the time of booking. This document also states that you can receive the key to your new home in Spain. Our advisors will inform you in time, but it is really necessary that you are already in possession of a NIE number at this stage. This is necessary in order to be able to sign the (provisional) purchase contract of your house. Therefore, start the application on time. This can usually be arranged in a few days by appointment via the Gestor/Advocaat.
Step 5: Transfer of your home in Spain
Then, finally, there's the moment you've been looking forward to all along: the official handover of the house. Your lawyer will also be present, so that the signing of the documents goes smoothly. If you are unable to be present at that time, it is also possible to have your lawyer sign these documents. You then give him a power of attorney.
Now that you've found your dream home, it doesn't mean our service stops. You can call on us permanently.
What purchase costs do you have to take into account?When you are going to buy a house in Spain, you have to take into account a number of extra costs. For example, there is the agreed price for the house, but also the buyer's costs. This can vary by region, but take into account approx. 13% of the purchase price.
What is included in the buyer's costs?Transfer Tax (ITP/VAT): 10%
Lawyer's fees: 1 to 2% (note, this differs per law firm, often they use a % and minimum of approx. € 1,200.00 excl. 21% VAT)
Notary & Registration Fee: 1%
New construction tax (AJD): 1.5% without additional levy and registration fees.
Bank charges: bank cheques are used for the transfer, for which money is charged by the bank.
Mortgage costs: if a mortgage is taken out, additional costs also apply.<.p>
Disclaimer: This information is provided as a guide and should be used as such and is not intended to be a substitute for professional legal advice. All information offered here is approximate. Please contact us for detailed information the questions.