BUYING A PROPERTYALL THE DETAILS OF THE BUYING PROCESS
ALL THE DETAILS OF THE BUYING PROCESS OF COUNTRY HOUSE OR RUSTIC STATE
Once the property you are going to buy has been selected you must start the purchasing process. Buying a property is an easy procedure for FINCAS COS, based on its 40 years of selling properties. Thus, FINCAS COS will accompany you throughout the process. We will explain all the details involved and help you get all the necessary documents for the purchase of your property to be a success.
Here are the steps and information you need to know to buy a second-hand property in Spain:
RESERVING A PROPERTY
Once you have found the property you want the first step is to reserve the property, so that it is not sold to anyone else.
This reservation is formalised by a Deposit Agreement, according to which an amount is deposited, usually amounting to 10% of the price.
A FORFEIT DEPOSIT AGREEMENT is used. According to Article 1454 of the Civil Code, this is an agreement in which the parties are not required to buy and sell, but, if the buyer definitely does not acquire the property, he will forfeit the amount of the deposit delivered, whereas, if the seller definitely does not want to sell the property, he will have to return double the amount delivered.
OBTAINING THE NIE (Non-resident Customers)
The NIE is the ID Number for Foreigners. It is a personal, unique and exclusive number of a sequential nature.
The NIE is granted by the Directorate General of the Police and Civil Guard and is necessary to buy a property and open a bank account.
To apply for the NIE you will need a Reservation Contract or Deposit Agreement of the property to be purchased.
OPENING A BANK ACCOUNT (Non-resident Customers)
Once you have obtained the NIE you may open a non-resident bank account and transfer the money from your country to carry out the sale.
FINCAS COS will show you the best banks and directly deal with a contact person in your language.
VERIFYING THE LEGAL REGISTRY STATUS
This check is performed at the Property Register, which issues a Simple Information Note of Ownership and Charges. FINCAS COS makes this information available to its customers.
In the Information Note of Ownership and Charges, you will find the following information:
- Owners of the property you wish to acquire
- Surface area, description, boundaries and, in case of a property in an apartment block, share in the property.
- Existence of charges, mortgages, easements ...
CERTIFICATE OF OCCUPANCY
When we buy housing in perfect condition to live in it, the selling party will need to provide the certificate of occupancy. The certificate of occupancy certifies that a home meets the requirements of habitability and, therefore, fulfils the conditions to become a residence for people.
Certificates of occupancy expire after 15 years of being issued and must be processed again after this period.
To register water, electricity and gas supplies it is necessary to have the certificate of occupancy.
Architects and technical architects are the professionals responsible for managing the obtaining of the certificate of occupancy.
If the housing is not in a habitable condition, the seller will have to provide a certificate issued by an architect, which specifies that once the works that are necessary to adapt the property are made it may obtain a certificate of occupancy.
You must have the certificate of occupancy or the certificate issued by the architect at the time of sale before the notary.
FINCAS COS will be responsible for obtaining or having the certificate of occupancy or the architect's certificate and shall make it available to the buyer.
The energy certificate is a document indicating the emissions and consumption ratings the property has obtained within a colour scale ranging from A, this being the most efficient, to G, which is considered the least efficient.
The energy certificate comes from a European directive that applies to all member states.
The homeowner is the one to obtain the energy certificate by a certifying technician. Usually, an architect, technical architect, engineer ...
FINCAS COS will be responsible for obtaining or having the energy certificate and shall make it available to the buyer.
PUBLIC DEED OF SALE
Once the Deposit Agreement has been signed and a deadline for the completion of the sale has been set, you must go to a NOTARY to sign the Public Deed of Sale, i.e. the Property Charter.
The Public Deed of Sale is a document issued by a notary, which is absolutely essential for the sale and the new ownership to be registered in the Property Register. It is the ultimate guarantee before third parties.
The notary is a public official who shall provide citizens with legal certainty. His goal is for the contract, business or statement to adhere to legal norms and to be unimpeachable. The public deed is reliable before the courts of justice and no one doubts its veracity.
The notary shall inform us on the estate's registration status and whether there is any charge.
The notary shall incorporate the following documents to the public deed:
- Information Note of Ownership and Charges from the Property Register
- Cadastral certificate showing the status, size and location of the property.
- Last paid receipt of the IBI (Property Tax)
- In case of a property in an apartment block, an Owners' Certificate declaring that the property is up to date with payment of community fees.
- Copy of the Certificate of Occupancy or, failing this, Certificate Issued by the Architect
- Copy of the Energy Certificate, if needed.
The selling party shall provide the following:
- Copy of the property keys
- Last paid utility bills (water, electricity, gas, telephone, alarm ...)
- Original Certificate of Occupancy
- Original Energy Certificate
Once the public deed has been signed the buyer has the possibility to instruct the NOTARY PUBLIC to settle the corresponding taxes and register the property in the Property Register. FINCAS COS recommends that this process be carried out by the notary.
FINCAS COS shall accompany you throughout the process, will be present at the signing, will oversee all documents and answer any questions you may have. Should you not understand Spanish, we will provide a notary who speaks your language.
EXPENSES TO BE PAID BY THE BUYER
- Notary fees.
- Administrative agent's fees (tax settlement and registration of the deed in the Property Register). This procedure can be performed directly by the buyer and thus save this amount. FINCAS COS recommends that this procedure be performed directly by the notary public.
- Expenses of the Property Register.
TAX TO BE PAID BY THE BUYER
- ITP (Property Transfer Tax). This amounts to 10% of the housing purchase price in Catalonia.
SELLER'S LIABILITY TO THE PURCHASER
The seller of a property shall be liable before the buyer for hidden defects of the same for a period of six months from the date of delivery of the housing.