Expert Advice on the Documentation Required for Buying or Selling Property in Spain
When entering the property market in Spain, whether you are buying or selling, it is vital to have all the necessary documentation in place and at Casas Manuel, we’re here to help and guide through the process.
Understanding the role of various legal figures such as notaries and solicitors can also significantly smooth the entire process. This article provides an essential overview of the documentation and professional services you will encounter and require when buying or selling a property in Spain.
Documents Required for Buying Property in Spain
Preliminary Checks
Before proceeding with a property purchase, conducting due diligence is key. The initial documents your solicitor should request include:
• Nota Simple: This is an extract from the Land Registry providing details about the property, such as ownership, property boundaries, and any debts or encumbrances.
• Property Deeds (Escritura de Compraventa): The deed contains the property description, the identity of the owner, and the property’s legal history.
• Latest IBI Receipt: The ‘Impuesto sobre Bienes Inmuebles’ is a local property tax. The receipt gives evidence that the taxes are up-to-date.
• Community of Owners Certificate: If the property is part of a community of properties, a certificate from the community president or administrator stating that the previous owner is current with all payments is required.
At The Time of Purchase
At the time of transaction, additional documents are required to complete the purchase:
• Contract of Sale (Contrato de Arras): This is a pre-sale agreement securing the property and setting the terms of the sale (Price, timescale, furniture status etc).
• NIE (Número de Identificación de Extranjero): This is a foreigner identification number necessary for all foreigners involved in any transaction in Spain.
• Proof of Payment: This includes bank statements and other documents that prove you have the financial means to purchase the property.
• Mortgage Details: If you are buying the property with a mortgage, you will need a copy of the mortgage contract.
Documents Required for Selling Property in Spain
If you are selling a property, you need to provide potential buyers with certain documents:
• Energy Performance Certificate (EPC): An EPC is required by law and gives details about the energy efficiency of the property.
• Occupancy Certificate (Cédula de Habitabilidad): This certifies that the property complies with local habitation laws.
• Property Deeds (Escritura de Compraventa): The deed contains the property description, the identity of the owner, and the property’s legal history.
• Community of Owners Certificate: If the property is part of a community of properties, a certificate from the community president or administrator stating that the previous owner is current with all payments is required.
• Utility Bills: Recent utility bills are required in order to change over the utility
contracts to the new owners.
• Latest IBI Receipt: The ‘Impuesto sobre Bienes Inmuebles’ is a local property tax. The receipt gives evidence that the taxes are up-to-date and allows the solicitors to calculate the Plus Valia tax.
IF YOU HAVE HAD A SWIMMING POOL ADDED OR EXTENSIONS MADE
TO THE PROPERTY YOU WILL ALSO NEED:
• Project for pool or extension work.
• License(s) from your town hall for undertaken work.
• Written Authorisation from the president and administration
company of your community (where applicable).
• Revised Deeds – Any changes made to a property must be documented in the escritura (title deeds) and at the land registry office – if not already done this can generally be done on the day of signing over the property to the new owners. This would need to be confirmed by your solicitor.
Understanding the Role of a Notary
In Spain, a notary is a public official who plays a crucial role in the legal process of transferring property. They are responsible for authenticating documents and ensuring that both buyer and seller fulfil legal requirements. The notary does not represent neither party and is present to ensure the legality and validity of the transaction. Once the notary has verified the documents and the transaction is complete, they will issue a new deed of sale.
The Function of Solicitors in Property Transactions
While it is not mandatory to hire a solicitor for property transactions in Spain, it is highly advisable. A solicitor will:
• Conduct all necessary legal searches.
• Ensure that the property is free of debts, charges, and encumbrances.
• Help navigate the complexities of local real estate laws.
• Draft or review contracts and ensure that all the terms and conditions are fair and legal.
• Represent your interests and act on your behalf in negotiations.
• Help translate official documents.
• Provide assistance with applications for NIEs and opening a Spanish bank account.
• Liaise with the notary to prepare the necessary documents for signing.
Do I Need a Solicitor?
While hiring a solicitor is not compulsory, having one is highly recommended and it will provide peace of mind through every step of the complex transaction process. The solicitor’s role is to ensure your interests are protected in what is one of the biggest decisions in your life, and every legal requirement is fulfilled. They can also help prevent any future legal issues arising from the transaction.
Conclusion
Buying or selling property in Spain involves a significant amount of paperwork and understanding of the legal processes involved. Being knowledgeable about the documents required and engaging the right professionals will ensure that the property transfer happens smoothly and legally.
If you already have appointed a solicitor in Spain, it would be beneficial to utilise their services. In case you do not have a current solicitor, we can connect you with one of our trusted and impartial legal partners.
Casas Manuel Real Estate – Your gateway to a seamless property journey in Spain.
Since opening our doors in 2001, our family-run business has dedicated itself to guiding 1000’s of clients through the exhilarating process of buying and selling properties in this beautiful country.
We understand that taking such a significant step can be filled with complexity and, at times, anxiety. This is precisely why our friendly and professional team at Casas Manuel Real Estate is committed to providing meticulous attention to detail and unwavering support at every turn.
We pride ourselves on our core principle of diligence, ensuring that no stone is left unturned in our quest to offer you complete peace of mind. Whether you’re searching for your dream home in the sun, the perfect investment opportunity, or seeking to find a new owner for your Spanish property, we are here to provide the expertise and care you deserve.
Why choose us? Our experience speaks for itself. With over two decades in the property industry, we have honed our skills, gathered extensive local knowledge, and embraced the cultural nuances that are invaluable in the Spanish real estate market. It’s this experience that sets us apart and has allowed us to assist countless clients in realising their property dreams.
But don’t just take our word for it. We’ve built our reputation on trust and transparent communication, and the satisfaction of our clients reflects this commitment. We invite you to explore our testimonial page to gain insight into the level of service and the personal touch that we provide to each and every client.
At Casas Manuel Real Estate, we understand that your decision to buy or sell is more than just a transaction; it’s a life moment filled with emotion and expectation. That’s why we are dedicated to making the journey as smooth and stress-free as possible, offering expert advice, guidance, and support from start to finish.
Join the Casas Manuel family today and let us help you open the door to your next chapter in Spain. We’re not just about properties; we’re about people, dreams, and the relationships that turn a house into a home.
Casas Manuel Real Estate – where dreams find their home.