Spanish Property Buying Process

Investigation of the property

There are some important steps to take before purchasing:

Ensure that the property is currently registered and that there are no debts attached to the property.
Ascertain what property taxes and outstanding bills are due. These could include rates (IBI), refuge (basura), community fees, water, gas, electric, telephone and alarm bills.
Determine the value-added tax (Plus Valia) due at the time of the closing.

All the above information can be obtained through our recommended lawyer or Gestor which we can assist with.

Transfer of the title deed (escritura) at the notary

In Spain, the notary makes a deed (escritura) where they document the agreement of the parties involved, confirms their identity and legal capacity then composes the document according to the parties’ instructions making sure that it fulfils legal requirements. He also cautions both parties about the obligations each must fulfill as a result of making the agreement.

The choice of the notary is made by the party paying the notary’s fees. This is usually the buyer. We will accompany you to the notary and provide the translation of the proceedings.

Property Registration

You are not obligated to submit your new title deed to the Property Registry, but we strongly recommend that this be done immediately after the closing. Otherwise, you cannot sell the property. Our lawyers can arrange for the tax declarations of the purchase and submit the deed at the appropriate Property Registry.

Taking possession of the property

Handing over the property and the keys normally takes place once the full purchase price is paid and the deed signed. This is usually at the notary’s office.

Transfer of services

Once the deed has been signed, you can then transfer services such as water, gas, electricity, and alarm. We recommend that you put the services in your name and set up a direct debit to your Spanish bank account to prevent payment problems. Sometimes the utility companies will charge you a small fee for transferring the name and a greater fee if it is a first-time connection.