If you are contemplating the purchase of a house in Spain as a foreigner, you’ll need to navigate through some essential legal procedures before you can call any property your own.
The Spanish property market is marked by its unique characteristics, and it’s imperative to conduct thorough research before taking the leap into homeownership in Spain. Knowing what to anticipate when embarking on a property acquisition journey in Spain can save you from potential pitfalls as you establish your life abroad. Factors to stay attuned to when purchasing property in Spain encompass guarding against property scams, navigating high capital gains tax implications, and staying ahead of fluctuations in the dynamic Spanish real estate market.
The steps to be followed when acquiring a house may not always seem straightforward, and it’s vital to have a crystal-clear understanding of the taxes and expenses you’ll encounter on your path to property ownership.
Whether you are seeking property in the idyllic coastal regions or bustling metropolises such as Madrid or Barcelona, this comprehensive guide is designed to offer you invaluable insights, ensuring a seamless transition to property ownership in Spain.
Are there any requirements to buy a house in Spain?
The only thing you need when buying a property in Spain as a foreigner (in legal terms) is the NIE (Número de Identificación del extranjero). This number, which is unique to each individual, is essential to carry out any transaction in Spain. Since it must appear on all documents that you sign or are issued in Spain, you must have it before signing the deed. The NIE is not complicated to obtain, but it does take a long time; ask your real estate agent to make it easier for you to obtain the NIE in order to speed up the process as much as possible.
In addition, although it is not compulsory, having a bank account in Spain will make all the formalities easier, as it will make payments faster and will probably save you some commissions.
Finally, remember that once you are the owner of a property in Spain, you must appoint a tax representative if you are not resident in Spain.
How to buy a home in Spain step by step.
Although each buying process differs significantly, in general, the phases found in any real estate operation would consist of the following:
Tax and Budget Planning buying a house in spain
The costs of acquiring a house are mainly paid by the buyer, and vary from region to region. Taxes and other paid by the buyer include:
- Property transfer tax 6–10% (existing properties) / VAT (or IVA) at 10% (new properties);
- Notary costs, title deed tax and land registration fee 1–2.5%;
- Legal fees 1–2% (including VAT).
Contact the Spanish administration to get your tax identification number. You don’t need a bank account to buy a house, but we advise you to get one before buying the house. Here you can check out the best bank accounts in Spain.
Search for properties in Spain
Our lawyers can help finding properties in Spain. If you feel confident enough, you can also search for a property yourself, by making use for portals like Idealista.com, fotocasa… etc. When looking for properties, you might want to make sure that the ads that you see are not scams. This is what you should look for when searching for a home in Spain:
- The qualifications of the attorneys or real estate agents engaged
- There is adequate planning approval, according to the land registration (Registro de la Propriedad).
- There are no outstanding obligations on the property
- That the structure of the property is sound (either a surveyor or an architect can do this).
WHAT IS THE SPANISH LAND REGISTRY?
The Spanish Land Registry (Registro Catastral) is a government-run database that keeps track of who owns what in Spain. It should be updated every time a property is sold and transferred, in order to safeguard ownership rights and prevent a property from being sold again.
Reservation agreement and letter of Intent.
When a buyer pays a fee and reserves the right to acquire a property in Spain for a set length of time (the reservation term), it is known as a reservation agreement. During the reserve period, the builder or developer states that the property will not be sold to another party.
In addition, a letter of intent may be presented by one party to another party and subsequently negotiated before execution (or signature).
Payment of the Property Transfer Tax or VAT
Pay the applicable taxes and update the Land Registry with the new information.
Is buying a house as an investment in Spain a Good idea?
The Spanish property market has varied a lot in recent years, but it has been in a recovery phase since its terrible 30% drop between 2008 and 2014. Buying Spanish property is an excellent investment right now. Specially if you are looking to obtain a Golden Visa.
CAN I BUY A HOUSE IN SPAIN AFTER BREXIT?
Yes! If you are British and you are thinking of buying a house in Spain to retire you are still allowed to do so. However, you will be subject to the Non-EU regulations, which make the path of buying property in European Countries a little bit more complicated. Applying for a Spanish Non Lucrative Visa might speed the process of purchasing the house.
Costs when buying a house in Spain
If you want to know which is the average price per square meter in the main cities, you can check out the following table:
|Location||Property price per sq.m|
|Santa Cruz de Tenerife||€1527|
|Palma de Mallorca||€2897|
FAQs when buying a house in spain as an american.
Are foreigners allowed buying a house in spain?
Of course! There are no restrictions on buying property in Spain, whether it’s commercial, residential or land. In fact, Spain encourages investment by foreigners, both resident and non-resident. Remember that if you buy a house worth more than €500.000 you can apply for a Golden Visa. If you do not buy a house for this value, you can apply for a spanish retirement visa or NLV Spain.
What are the taxes I need to pay when buying a house in spain?
All property owners in Spain are required to pay three different taxes each year. If you are a resident, you are subject to Income Tax (including Capital Gains Tax) and Real Estate Tax (IBI).
If you are a non-resident in Spain, you are subject to Income Tax (including Capital Gains Tax), Property Tax, plus an additional Non-resident Property Tax. Here you can find more info about property taxes.
Can I get citizenship if a buying a house in spain?
Sure! Spain encourages new home buyers by offering its Golden Visa residency program.
Do I have to pay the downpayment directly to the seller?
Yes, that is usual in Spain. Unlike in most western countries where the down payment is paid to an escrow agent (closed account, trustee, Notary, etc.) instead of to the seller, the local practice in Spain tends to surprise foreign buyers.
Any risk can be reduced to very little with some basic reviews, for example, making sure that the time between the payment of any deposit and the final sales deed is not excessively long, making sure the seller is not a company on the verge of bankruptcy, and confirming that the outstanding amount of the mortgage does not equal the purchase price (in which case the down-payment cannot be paid to the seller because the whole purchase price has to be paid to the bank). With the right due diligence, it is acceptable in Spain to do as the Spaniards do – pay the down payment directly to the seller at the time of signing the down payment agreement.
Buying a house in spain: Deposits and Mortgages
In general, non-resident buyers in Spain can enjoy the same mortgage conditions as Spaniards, i.e. up to 80% cover in the case of a first home, and between 60 and 70% in the case of a second home.
This means that you must have a minimum of 20% of the price of the available property, plus approximately 15% extra on the cost of the property to pay taxes, lawyer’s fees, notary fees, etc. In addition, your debt cannot exceed 30-35% of your income.
Other important information to bear in mind is that mortgages in Spain are normally taken out for a minimum of five years and a maximum of thirty, with the maximum age of 75 years for completing the mortgage. It should also be noted that each institution has its own risk criteria, in which the country of residence can be included, and that properties abroad are not usually accepted as collateral, as it is difficult to reach them.
You can read more about getting a mortgage in Spain in this article.
Taxes to buying a house in spain
When you buy a property in Spain, you will be obligated to pay some taxes. Property taxes vary wether you are buying a brand new property or a resale property.
Taxes when buying a house in spain
When buying a brand new property, which is being sold for the first time, you will have to pay 10% VAT on the value of the property and the additional 1.5% on behalf of the Legal Documentation Tax.
Taxes when buying a resale property
When buying a resale property (a property that has changed hands at least once) you will be required to pay the Transfer Tax or ITP in Spanish, that is levied on a sliding scale depending on the purchase price.
For more information about property tax in Spain, you can check the linked article.
Property lawyers in Spain for buying a house in spain
If you are going to buy a property and want to save yourself future problems, it is advisable to seek advice from a property lawyer in Spain. The savings far exceed the cost of legal fees.
Buying your home is usually the largest investment for most individuals. Even those who own several properties tend to invest cautiously in the real estate market. Real estate companies always use the services of lawyers before making an investment.
In short, the services of a lawyer are often more useful for preventive than corrective purposes. But most people still hire them when it’s too late.
The effort to find a good advisor can save you a lot of trouble.
How a lawyer can help when buying a house in spain
Before entering into the purchase of a property, basic tasks of research and analysis must be carried out. It is important to check that the property is in order and that the contracts of purchase and sale and, where appropriate, mortgage loan, will not end up causing problems.
In addition, tax burdens represent a significant percentage of the operation. Together with the associated costs, they can increase the sale price by up to 20%. It is therefore a good idea to know this extra before you get a fright.