| The best way
of getting a true feel for Spain and the property market in general is
to make arrangements to visit your chosen area. You may want to do this
independently, but you will really need as much help and guidance as possible.
By arranging to meet a real estate agent who specialises in the locations
and types of property you are interested in, you could end up saving valuable
time, as he/she will have access to a good range of properties and will
be able to show you the areas in detail, giving you a unique insight that
you would otherwise miss out on if you tried to do things all yourself.
Some people
are wary of property agents. To find a reputable, professional real estate
agent, you should look for memberships of regulatory professional bodies,
and ask to see a list of client testimonials. Maybe ask to speak to former
clients of the agency to get a true insight into their buying experience.
The agents
should be able to tell you in advance of your visit exactly what will take
place, and details of any documentation that you will need in case you
wish to make a purchase. They should also be able to recommend experts
in the areas of law, accountancy and mortgages for you to consult before
you take your trip to Spain.
Q. I´ve
seen a property that I like – what should I do?
OFFER &
RESERVATION
If you are
sure that you have seen your dream property, and you would like to go ahead
with the purchase, you will need to make an offer. With most new projects
in Spain, the price is fixed by the developer, and the possibility of any
price reductions will depend on the popularity of the project. If a developer
feels he can sell the unit quickly to another potential customer, he will
choose to wait for the list price. With resale property, it is common to
make an offer below the asking price, but the success of this strategy
can depend on several things, including the market conditions, demand for
that particular property, and even the nationality of the vendor, as some
buyers may regard an offer of a lower price as an insult!…so tread carefully
and be guided by your agent.
If your offer
is accepted, you will then be asked to pay a reservation deposit. This
varies between 3.000 euros and 6.000 euros, and is normally only refundable
if your offer for a resale property is rejected. If your offer is subject
to anything such as mortgage approval, make sure your agent knows this
well in advance, as he/she can then advise the vendor that this is a condition
of sale, and your deposit can be refunded in case the condition isn´t
met.
Normally at
that point, your excitement will be cut short, as it will be time to return
home! Normally, the flight home gives buyers plenty of time to think. Some
of the more common thoughts are:
“How am I going
to furnish my Spanish property from a distance?”
“Surely I
will need to open a bank account and write a Spanish will?”
“How am I
going to arrange for my utilities to be connected to my property?”
“Who is going
to tend my garden and clean my pool?”
”What have
I done!?”
A good agent
will have addressed most of these points while you are still in Spain,
and will have probably introduced you to a reputable furniture supplier
and a Spanish lawyer, who will be able to arrange for the opening of bank
accounts, the drawing up of Spanish wills, and the setting up of direct
debits and connections to electricity and water supplies. You may also
have had the chance to meet a rental and management agent who will be able
to take care of any maintenance issues while you are away from the property.
Q. What
happens next in the purchase process?
SIGNING
CONTRACTS
Normally,
within 30 days of reservation, you will be asked to sign contracts to confirm
your intention to buy the property. This is something that can be done
on your behalf by your lawyer by arranging a Power of Attorney.
At this stage,
your lawyer will check that the vendor has legal title to the property
for sale and that there is no debt attached to the property (unpaid fines,
community charges). In addition, the lawyer will ensure that the plans
are in accordance with the building approval granted by the planning authorities,
as it has been known for people to build extensions to properties without
the required permission.
Once your lawyer
is happy that everything is in order, you will be asked to transfer the
funds (normally 10% for resales) to the lawyer´s client account.
Once the lawyer is entirely satisfied, these funds are transferred to the
vendor.
In the case
of new developments, or off-plan properties, you will need to pay for your
property in staged payments during construction. Payment plans vary considerably,
but normally an amount between 20% and 50% is required at contract.
COMPLETION
In the case
of resales, completion normally takes place within 4 – 6 weeks of signing
contracts. This is the stage when your lawyer performs the final checks
and makes sure that any mortgage is in place with the lending bank. Completion
takes place at the notary, where legal representatives of the buyer, seller
and mortgage provider ensure that the funds are distributed in the right
manner, and the notary assigns legal title to the new buyer.
For off-plan
properties, completion can take place anything from 6-24 months after the
contracts are signed. Sometimes, the developer´s payment plan will
specify interim payments that need to be made during construction. At completion,
the lawyer will check that the constructed property is exactly as specified
in the sales contract, and that the constructors have built the property
to the exact size and specification that was agreed.
Q. What
do I need to set aside for fees and taxes?
Normally, it´s
advised to allow an extra 10% - 11% on top of the purchase price for purchase
costs. These comprise:
• 7% iva (in
the case of new-build properties) OR 7% transfer tax (in the case of resales)
• 1% legal
fees
• 1% stamp
duty
• Land Registry
Fees and Notary Fees – determined by a scale of fees
There are also
costs associated with obtaining a mortgage. These include:
• Bank Valuation
Fees, calculated as a percentage of valuation (normally 0.1%)
• Arrangement
Fees, often 1% of loan amount
• Stamp Duty,
usually around 1.8% of loan amount
• Land Registry
Fees and Notary Fees – determined by a scale of fees
In a typical
scenario of obtaining a 70% mortgage, it´s normally recommended to
allow for between 13% and 14% of the purchase price to cover ALL purchase
and mortgage costs.
Q. What
do I need to set aside for running costs?
• IBI – local
town hall charge, similar to a real estate tax
• Community
Fees – if living within a community of owners, you will have to pay towards
the upkeep of the grounds, gardens, pools, security etc.
• Basura –
refuse collection
• Property
Insurance |