The process of buying property
in Spain

Since Poland's entry into the European Union, citizens of our country have been treated equally to EU citizens and, without additional formalities, can purchase property in Spain. 

Buying a property in Spain is not very different from Polish procedures, but in some cases local regulations and the specifics of the market must be taken into account.

Documents needed to buy property in Spain

• Passport or identity card
• N.I.E. Spanish foreigner identification number (número de identificación de extranjero). 
• Confirmation of opening an account with a Spanish bank
• Documentation of the origin of the money for the purchase of real estate

Buying property on the secondary market

1. After selecting a property, you sign a reservation contract. This contract guarantees the reservation of the property and the removal of the offer from the market. 
2. The deposit paid at the signing of the reservation contract, usually ranges from 3,000 to 6,000 euros ( depending on the value of the property).
3. After checking the legal status of the property, a preliminary agreement (private sale contract) is drawn up to secure the purchase and prepare the purchase/sale contract. This contract also establishes the date of the notarial deed and the account into which you will pay the deposit - 10% of the value of the property less the value of the reservation fee. The deposit payment is necessary if the date of the notarial deed is more than one month from the date of the reservation.
4. The next step is to sign the notarial deed. Then you have to pay the remaining part of the sale value, whether in the form of a loan or cash.  

Buying a property from a developer in the primary market

1. At the beginning, you sign a reservation agreement between the client and the development company.
2. At the signing of the contract you pay a deposit of 6,000 to 15,000 euros. It guarantees the reservation of the property.
3. The reservation agreement establishes a schedule for payments to the developer's account.
4. A preliminary agreement (private sale contract) is then drawn up to secure the purchase and a down payment of 30% of the value of the property is required. You pay the remaining amount on the day the deed is signed, whether in the form of a loan or cash. 
5. The date for signing the deed is specified in the preliminary agreement and depends on the deadline for completion of the project in question and receipt of the keys. 

Both in the case of purchasing an apartment on the secondary market and from a developer, if the transaction does not take place through the fault of the buyer, the deposit will be retained by the seller. If, on the other hand, the fault lies with the seller, he will have to return double the value of the deposit received. The contract for the purchase of real estate is drawn up in the form of a notarial deed.

Buying property in Spain - step by step

Buying property in Spain does not have to be a stressful operation at all if it is done with professional help.

We offer you a comprehensive service for the purchase/sale of real estate, which includes meeting all the requirements prescribed by law, as well as using solutions developed over the years to facilitate all the formalities.

Let's summarize the most important legal services needed to realize the dream of buying a house in Spain:

1. Making a document confirming the issuance of a NIE - foreigners' identification number, necessary for any legal action in Spain.
2. Checking in the land register, the legal status of the property that the client wants to purchase, (the person(s) or company legally entitled to sell the property, encumbrances on the property in the form of seizures, mortgages, etc., which must be settled before purchase).
3. Checking the legal status of the property with the Department of Urban Planning.
4. Verify that the property is not encumbered in any way or was not built in a floodplain.
5. Ensuring that outstanding property taxes are paid before transferring ownership.
6. Making sure utility bills are paid and supply contracts are transferable.
7. Preparation of a preliminary agreement(private sale contract) to secure the purchase and preparation of a purchase/sale contract.
8. Preparation of an inventory of furniture and white goods, household appliances.
9. Attendance and assistance in signing property deeds.
10. Credit issues with the bank, if any, will be necessary.
11. Making payment and filling out the stamp duty form (ITP transfer tax).
12. Registration of title deeds in the land registry.
13. Registration of title deeds with the Cadastral Office and the local Tax Office, so that the local tax and other local taxes and fees (municipal tax, garbage fee, sewage fee, etc.) are issued in the name of the new Owner.
14. Banking issues (transfer of money from Poland), etc.