Search hundreds of properties for sale and rent in Spain. Spanish Property Choice is a family Apartment for sale in Formentera de Segura, Alicante. €42, Where would you like to live? Find your dream home. Buy Rent Holidays. Property. on laws and taxes for British nationals who want to buy or let property in Spain. If you are planning to buy an apartment which is part of a residential block.
However, in practice gaining restitution for such defects can be difficult and costly. Paying the costs and taxes associated with buying a home can be completed by the buyer or their agent. The buyer is also responsible for registering the property. Following the crash, Spanish banks were reformed with significant IMF involvement. This reduced the number of lenders in operation, and significantly increased the regulation and oversight of the industry.
As a result, many banks began to lend less and mortgage rates and terms became less favourable. Mortgage lenders will not complete on a mortgage agreement until you own a property. The buyer usually pays the fees. They vary from region to region. Many are negotiable — there are no fixed fees for lawyers or estate agents. Costs paid by the buyer include:. This is typically their only cost. Capital gains tax is paid on the profit of selling your home, i. You may be able to claim a reduction on the capital gains tax to account for inflation; or if you are purchasing another property in Spain; or if you are over 65 and have lived in the property as your main residence for more than three years.
Your residential status does not affect the application of capital gains tax either, as capital gains tax should be paid in Spain for property owned in Spain even if you are no longer a resident. Any lawyer practising in Spain should be registered with the local bar association Colegio de Abogados. They will have a registration number that you can ask for and then verify with the bar association. Naturally, registration does not guarantee honesty or competence, but it is a good minimum standard to insist on.
Many governments provide lists of lawyers and translators who speak both Spanish and another language. The Spanish government also provides a list of accredited translators page in Spanish, follow first link in article text for up-to-date PDF.
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Last update on May 21, The Spanish property market Spain suffered during the global financial crisis and ensuing property market crash. Should you rent or buy in Spain? Can foreigners buy property in Spain? Buy a property, get a visa Spain currently offers a golden visa program for property owners.
Buying a home in Spain: where to find real estate As it is easy for foreigners to buy property in Spain, there are websites and estate agents catering to almost every language and nationality.
Illegal properties For a long time, Spain has been popular with overseas buyers looking for holiday homes. They recommend, at minimum checking: The credentials of any lawyers or estate agents used; the land registry Registro de la Propriedad ; that appropriate planning permission has been obtained; that there are no outstanding debts attached to the property, such as a mortgage; that the property is as described and structurally sound either a surveyor or an architect can do this.
Buying off plan or a new-build home The worst property scams in Spain, as elsewhere, involve unfinished or unbuilt properties. At minimum you should: Check the company exists; check online at www. Ensure that the project is registered with the land registry.
Check that planning permission has been granted by enquiring at the local city hall. Enlist an independent party for any translations. Demand proof that any sums paid e. Debts transfer with property In Spain, any mortgage or debt tied to a property is transferred to the new owner when the property is sold. Buying a Spanish property The process of buying a property in Spain usually runs as follows. Legal requirements The services of a notary are not legally necessary to complete the sale.
Funding purchase: deposits and mortgages Following the crash, Spanish banks were reformed with significant IMF involvement. Fees and charges The buyer usually pays the fees. Flat lay of business concept Capital gains tax Capital gains tax is paid on the profit of selling your home, i. Choosing a reliable lawyer Any lawyer practising in Spain should be registered with the local bar association Colegio de Abogados.
Finding a translator Many governments provide lists of lawyers and translators who speak both Spanish and another language. Related articles. July 1, A guide to Spanish mortgages. Housing Listings. The Foreign and Commonwealth Office FCO are unable to provide any guidance on individual property purchases apart from the information and links listed below. See our information on what consulates can and cannot do for British nationals. See the video on buying property in Spain. We strongly recommended that you choose an independent lawyer who specialises in Spanish land law urbanismo.
Independent means that they work on your behalf only and are not also looking after the interests of the agent or developer. The Spanish property conveyancing system is different to the UK system so you should ensure that those involved in the transaction are qualified and experienced in Spain.
Use extreme caution if an estate agent, promoter or lawyer urges you to cut corners to save money or time. The notary is a public servant who has a duty to provide you with free and impartial legal advice on all aspects of the contract before you sign. It is a good idea to seek advice from the notary early on. When a date is set for signing the contract, you have 3 days beforehand to visit the notary and ask any questions you may have about any aspect of the contract.
Find English-speaking notaries. If your lawyer is based in Spain, ask for their registration number and check that they are registered and practising with the local bar association Colegio de Abogados. You should also check that your lawyer has professional indemnity insurance and do not sign any papers or hand over any money until you have taken independent legal advice.
Although the British Embassy cannot recommend a lawyer, we do have lists of local English-speaking lawyers and qualified translators available on our website.
Only a Gestor Administrativo with the GA kite mark is professionally qualified and certified to process paperwork directly with the Spanish administration. More information can be found on their services here. If you are involved in a property dispute and do not have enough money to pay the costs of a court case, you can apply for legal aid. More information is available on the European E-Justice Portal.
If you are resident in Spain, you should apply to the local bar association. You may need to find a new lawyer with specific expertise for example, specialist civil lawyers for compensation claims against private parties such as agents, developers or banks, and specialist public body litigants contencioso administrativo for claims against local, regional or state authorities.
If you do not have a good understanding of Spanish, make sure that you get all contracts and documents translated by an independent translator. You can find a list of accredited translators and interpreters in Spain on the Spanish Ministry for Foreign Affairs website.
Do your homework: you should analyse and compare different products and services offered by lending companies. If you have any doubts about the terms and conditions, ask the lender to explain. You should also check with the Bank of Spain that the lender is authorised to operate in Spain. There are a range of mortgages on offer and you should pay special attention to the interest rate and repayment period, fees for setting up the mortgage as well as early repayment and cancellation fees.
If you cannot keep up the mortgage repayments, the Spanish bank could repossess your property in Spain. If the value of the property is less than the total debt outstanding you are in negative equity , the bank may pursue your UK assets to recover the mortgage shortfall using a European Enforcement Order. Make sure you fully understand the mortgage agreement you sign.
If you have any doubts check with the branch during the 10 working-day period after the binding offer has been provided. If for any reason you cannot keep up the mortgage repayments, you should speak to your bank immediately before defaulting on repayments to discuss the options available. Further information on mortgages in Spain is available from the Spanish Mortgage Association.
The Spanish tax authority, the Agencia Tributaria provides some information on its website in English. See the Living in Spain guide for brief information on taxation. See property fraud guidance. If you believe your lawyer has been negligent and has not met their obligations, you should first complain to the provincial bar association. If their response is unsatisfactory, you can take your complaint to the regional and then national bar associations.
If you have a complaint about the way a court has handled your case, contact the General Council of the Judiciary. If you have a complaint against a notary or gestor administrativo, contact the professional council of which they are a member.
See residency requirements in Spain. You should check that planning permissions are in order and the property is a legal build. This is particularly important when buying off-plan or direct from a developer. The town hall can tell you whether the building has all licences and permissions and what type of land it is.
If the property is built on rural land or land that is not classified for construction, you should ask the regional government to confirm construction is authorised. If you are buying an off-plan property, confirm that the property has been certified as finished by a registered architect and registered as a new build in the property register.
In the case of a private build the previous owner built their own house and decided to sell before 10 years had lapsed you will need to request these details separately. You should check the latest town plan to see whether or not the plot you wish to buy has any building restrictions, is in a green zone or includes a public pathway or similar.
You can do this at to the town planning urbanismo department of the local town hall. You should have the property surveyed. This is not obligatory, but it is wise to get a chartered surveyor to check the property. You should know the cadastral value of the property and how much purchase tax will be due. On completion, the public deed should contain an accurate description of the property.
You should register the property in your name with the Land Registry as soon as possible to ensure full protection of your rights. The notary can even send advance notification to the Land Registry electronically once the public deed is signed. If you are considering purchasing a coastal property you should contact the Coastal Demarcation office in your region to get a certificate to certify that the property is not affected by the Coastal Law.
Be extremely careful if the Land Registry record shows that the property you wish to buy is built on rural land. In normal circumstances the government reserves this type of land for agricultural use and you need to check with the municipal and regional authorities to ensure that full planning permission has been obtained for residential use.
Buying off-plan property inevitably involves higher risk than buying re-sale property. If you are considering buying off-plan in Spain there are a number of points to consider. Make sure you have a bank guarantee aval bancario to cover your stage payments.
Developers of off-plan properties are legally obliged to secure all deposits with a bank guarantee. However, bear in mind that this obligation only comes into force once the developer has planning permission, so you should ask to see this before making any payments.
You can also check this at the Land Registry, because if the description of the future building is registered, the registrar will have seen evidence that the licence exists and work has begun following the approved design. You should ensure that the bank guarantee is individual and not a collective guarantee covering the whole development, which does not give the same protection. You should also request proof that your payments are deposited in a special escrow account, which can only be used for the construction of the specified development.
You can visit any Mercantile Registry office or use the Land Registry website. Make sure you obtain a copy of the cadastral certificate giving the exact boundaries and square metres of your land. Ensure the developer has insurance covering damage caused by structural defects to the building. This insurance should be included in the property manual libro del edificio that the developer gives you.
You should also get a planning certificate for the plot you wish to buy from the town planning Urbanismo department of the town hall. This will include information such as whether the plot has any building restrictions, is in a green zone, includes a public footpath or if there are any current plans to build a motorway etc. Once construction has finished, and before you sign the title deed, ask for proof from the seller that the construction has been finished in accordance with the description given in the plans.
This is issued as a certificate certificado final de obra. You can also check this at the Land Registry. You will need this document to connect to electricity and water companies. Developers cannot force you to complete without this licence.
Consider asking a chartered surveyor to check the property. This is not obligatory but it is wise to obtain a professional opinion on the property before you complete. Members of the RICS are qualified and experienced professionals offering independent and impartial advice.
The Spanish College of Architects in each province also offers a list of independent specialist surveyors. If the developer does not build your property by the deadline in the contract, or services and utilities are not completed and connected to standard, or the habitation certificate cannot be issued, you are legally entitled to:.
If you want to cancel the contract, you should get independent legal advice. Once you have consulted a lawyer, the first step is to write to the developer to explain that due to non-compliance with the contract, you want to cancel the contract and request that the deposits paid so far are returned, as well as the accrued interest.
You should include any relevant documents for example. You should write to the developer using Burofax, so you can prove that you have sent the documents and that the developer received them.
If the developer does not respond to you within the specified timeframe, you should contact the claims department of the bank or savings bank responsible for the guarantee to request a refund of the payments made. Should the bank not comply, the only remaining course of redress is to instruct a lawyer to take a civil case against the bank. If you believe you have been a victim of fraud and you have neither a bank guarantee nor an insurance policy from the developer, you should seek independent legal advice regarding taking criminal legal action through the courts and register a statement with the police.
From the 1 June , all homes for sale or to let in Spain are required by law to have an energy efficiency certificate. If you are offering your property for rent after this date, you will need to obtain an energy certificate first.