The buying procedure

 

The buying process is simple. We offer assistance at every step of the process. Although there is no legal obligation to do so, we always advise buyers use a lawyer when buying in Spain.

Once you have found a property you want to buy the procedure is as follows:

  • Instruct your lawyer to check the property is legal, free from encumbrances, and that the vendor has the right to sell it.
  • Conduct a survey, if necessary, to ensure the property is free from structural defects, complies with planning laws, and that power and water connections meet utility providers’ standards.
  •  If you need a mortgage and have not already applied for one, provide your bank with documentation to support your application. Once your application is accepted, the bank will instruct a valuer to provide a valuation of the property.
  •  When the above steps are complete, you normally pay a deposit – usually equivalent to 10% of the agreed price – and sign a private purchase contract with the vendor, or their legal representative, to remove the property from the market and agree a date for completion. A private purchase contract is generally binding on both parties, unless otherwise stipulated.
  •  Open a Spanish bank account, to be able to issue a bank-guaranteed form of payment (normally a bankers draft) at completion.
  •  Apply for a NIE (número de identificación extranjera), the foreign identification number you will need to comply with your fiscal obligations with the Spanish Tax Agency (Hacienda). This will normally be done by your lawyer.
  • At the conclusion of the period agreed in the private purchase contract, sign the escritura (public title deed) in front of a notary and make payment in full to the vendor as agreed, at which point you should take possession of the property.

 

Post-completion, your lawyer also should make sure the following is done:

  • Pay all taxes and charges to the relevant authorities. If you are buying property from a non-resident, your lawyer will withhold 3% of the purchase price to pay to the Spanish Tax Agency on behalf of the seller, to ensure The municipal tax on the increase of value of the land (Plusvalía) is paid.
  • Transfer the existing contracts for utilities and other services pertaining to the property to your bank account. This will also enable you to pay future bills via direct debit, if you choose. You may be asked to pay a nominal deposit when contracting utilities, but this is refundable if you change provider or terminate the contract.
  • Register the change in ownership with the Cadastre (Catastro) and, if applicable, the community of owners (comunidad de propietarios) in order to receive future bills in your name. Failure to do so may result in a fine.
  • Register the change in ownership with the Land Registry.

Properties for sale

New Listing Benahavis, A striking trophy residence with scenic views for sale in the affluent private community of El Madroñal, Benahavis

A striking trophy residence with scenic views for sale in the affluent private community of El Madroñal, Benahavis

Ref. TMXV1721

  • 5 beds
  • 5 baths
  • 650 m² built
  • 3.800 m² plot

Nestled in the confines of the ultra-exclusive El Madroñal with its unique pine and cork forest, this villa encapsulates the Costa del Sol lifestyle yet delivers tranquil energy boasting breathtaking 180...

4,500,000 €
New Listing Marbella Golden Mile, Modern 2 bedroom apartment in the glamorous seafront development of Marina Puente Romano, Marbella Golden Mile

Modern 2 bedroom apartment in the glamorous seafront development of Marina Puente Romano, Marbella Golden Mile

Ref. TMXA0722

  • 2 beds
  • 2 baths
  • 131 m² built
  • 34 m² terrace

Situated midway between Marbella and Puerto Banus in the ultra-exclusive community of Marina Puente Romano, this spacious and refined apartment permeates a contemporary aesthetic. Infused with an atmosphere...

2,500,000 €
New
Development
Benahavis, New avant-garde villa with infinity pool for sale in the cinematic landscape of Monte Mayor Country Club, Benahavis

New avant-garde villa with infinity pool for sale in the cinematic landscape of Monte Mayor Country Club, Benahavis

Ref. TMNV1826

  • 4 beds
  • 4 baths
  • 571 m² built
  • 2.810 m² plot
  • 124 m² terrace

In an exceptional location this bold masterpiece, by award-winning Ronald Janssen Architect the Amsterdam based studio, blends architectural precision with the highest standards of engineering. Designed to...

1,950,000 €
New
Development
Marbella East, Off-plan cutting edge luxury villa for sale in the resort-like development of La Finca de Marbella 2, Rio Real, Marbella East

Off-plan cutting edge luxury villa for sale in the resort-like development of La Finca de Marbella 2, Rio Real, Marbella East

Ref. TMNV0619

  • 4 beds
  • 4 baths
  • 383 m² built
  • 596 m² plot
  • 154 m² terrace

A new project of 35 luxurious contemporary properties, La Finca de Marbella 2 is situated in Rio Real to the east of Marbella. Buyers have the unique opportunity of choosing between two villa designs, Iroko...

1,215,000 €