The purchase of your property on the Costa del Sol requires a mandatory documentation to be delivered by the developer in the case of sale and purchase of homes under construction.

 

If you have decided to buy an off-plan property on the Costa del Sol, you are facing an important decision, since the property has not yet been built and it is an investment in a foreign country whose legislation you are not familiar with.

In any case we advise you to hire the services of a lawyer specializing in the purchase of property in Marbella or surrounding areas, who will explain the steps to be taken in the purchase and the details of the documentation on your new home, which will give you great peace of mind throughout the purchase process until its completion and complete the registration of your new home in Spain in your name at the Land Registry.

You should bear in mind that, as established in the regulations applicable to consumer information in the sale and purchase and rental of homes in Andalusia, the Developer must deliver a series of mandatory documents to the buyer. Read on here and we will tell you what they are.

 

If you are the owner of a plot of land in Spain and are going to engage the services of a builder to carry out the construction, you will need to take into account a number of expenses in addition to the fees for the construction on the plot.

It is common practice that other expenses that may be incurred, such as machinery permits, electricity and water consumption, and any other expenses that may arise as a consequence of the material execution of the works, are paid by the builder.

Click here to read more! If you need personalized advice, do not hesitate to contact us.

If you are considering purchasing a property in Spain and have doubts about the Reference Value in Spain, this post will interest you.
Our lawyers explain step by step how to obtain the Reference Value of a property in Spain and why you should always take it into account.
Click here to read the complete article.
🤝 WELEX | LAWYERS & ACCOUNTANTS
Reference value of a property in Spain

Hello, our dear online community.

Do you wish to purchase a home in Spain, and don’t know the steps to follow?

 

Don’t worry.

 

From Welex, our specialist conveyancing lawyer, Felix Ruiz, will answer all your questions related to this issue.

purchase a home in Spain

 

First step

Inform the client about the taxes that must be assumed.

 

Second step

Sign the reservation document

 

Third step

Analyze the property, and report the client if any contingencies appear.

 

Fourth step

Sign the Purchase Title Deed.

 

In addition, Welex provides many additional services like the obtention of NIE number, contract the different utilities, and much more.

 

Do not hesitate and read our publication if you wish to purchase a home in Spain.

 

From Welex, your expert lawyer in real estate law in Spain, we want to share a brief summary about the municipal Plusvalia Tax in Spain.

Since we know that sometimes it can be a little confusing, here are some issues related to that tax:

 

Who is in charge of the management and collection of the Plusvalia Tax?

 

The city council is responsible for this tax, which means that Plusvalia Tax in Spain is a city tax.

 

What is the law governing Plusvalia Tax in Spain?

 

This tax is regulated by the Spanish Law on Local Finances.

In Article 104 we find it defined as a direct tax levied on the increase in the value experienced by urban land.

 

Thus, we can say that land of a rustic nature is not subject to this tax in Spain.

Plusvalia Tax in Spain

What are the deadlines for filing the Plusvalia Tax in Spain?

 

In the event of death, the period of presentation of the capital gain in Spain is 6 months.

Normally these 6 months are exhausted without even having accepted the inheritance, so the law provides for the possibility of extending that period another 6 months up to one year.

 

There are cases of exemptions in the payment of this capital gains tax in which we will not stop at this ticket.

 

The opinion of Welex, lawyers specialized in real estate law in Spain

 

From Welex’s point of view, the plusvalia in Spain is an unfair tax far from the fiscal principles of generality, progress and equitable distribution of the tax burden.

 

Constitutional Court ruling on Plusvalia Tax.

 

In the judgment of 11 May 2017, the Constitutional Court declared the partial invalidity of certain articles of the mentioned Local Finance Regulatory Law, except in cases where there is no increase in value.

The point is that such cases where there is no increase in value were not resolved.

 

To find more detailed information, as well as a practical case of capital gains in Spain; Welex, experts in real estate law in Spain, invites you to read this publication.

 

Do not hesitate to contact us to resolve any questions related with real estate law in Spain.

The first step in property conveyancing in Spain is finding a Property.

It is imperative to get to know the area before you choose a property. You should visit a number of different locations in order to make an educated decision. Additional research into similar properties in various areas will give you different perspectives of what you can

anticipate in terms of price.

The secondary step in property conveyancing in Spain is choosing a expert property lawyer in Spain.

A lawyer in Spain can impart extremely useful advice from the initial beginning of the purchasing process. Your property expert lawyer in Spain will make enquiries to ensure that all the parties involved, including the seller or developer, are acting legitimately. A lawyer will take the necessary measures to safeguard that all the Spanish legal requirements are met. Additionally, a legal firm will ensure that the property is free of any encumbrances that could affect your use of the land.

 

You will also need to ensure that there are no outstanding debts for local taxes orservice charges attached to the property.

 

Read more………..

Conveyancing in Spain is considered as a transfer of the legal title of a property in Spain from one person to another.

A typical conveyancing transaction in Spain includes two vital indicators: the transfer of contracts and the completion, whereby the legal title passes.

The system of conveyancing in Spain is constructed to safeguard that of the buyer.

 

Conveyancing fees in Spain, outlines the total payment made to a professional property lawyer in Spain exchange for advice or services.

 

 Conveyancing fees in Spain are dependent on whether you employ a foreign or Spanish lawyer and on the sale price of the property. Supplementary examples of conveyancing fees in Spain are associated with the taxes and legal fees relating to the sale and purchase of the property.  The taxes and disbursements on selling a property in Spain be in the range of 10-13% of the sale price, in total.

 

Read more…………

Conveyancing in Spain

A typical conveyancing transaction includes two vital landmarks: the exchange of contracts and the completion, whereby the legal Title Deed passes.  In addition, the system of conveyancing is generally constructed to ensure that the buyer secures title to the land together with all the rights that govern the land and is advised of any limitations in advance of the purchase.  Moreover, the cost of conveyancing is dependent on whether you employ a foreign or Spanish lawyer.

Legal firms in Spain should further offer all relevant and additional legal information on real estate transactions and acquisitions of properties for residential or business use, payment of  taxes for the registration and transaction of the Land Registry and numerous other services related to real estate such as:

  1. Declaration of new building title deeds
  2. Rentals
  3. Establishment and cancellation of mortgages
  4. Securities
  5. Exchange

All conveyancing matters ascertain that clients are informed and advised on corresponding taxes and costs in the purchase or sale of a property.

 

Conveyancing matters should include:

Obtaining and aiding in all necessary documentation on the property.

Carrying out corresponding searches on the property at the Land Registry, in order to confirm ownership.

Ensuring that all properties are up to date in all its payments.

Liaising with corresponding experts to ensure that the property meets with all therequirements of the Local Zoning Regulations.

Studying and advising on company tax or capital gain tax arising on the sale of the property.

Compiling and issuing a comprehensive report on the property to inform the client on various issues related to the property.

Drawing up contractual agreements between the parties for the sale or acquisition of the property.

Drawing up the Purchase Sale Title Deed to be granted at the notary’s office as well as preparing the completion of the transaction.

 

Collection of the Purchase Sale Title Deed and presenting the deed at the tax office as well as the Land Registry.

Producing a comprehensive and final statement of the account funds received and payments made.

Sending the Purchase Sale Title Deed; duly registered with the corresponding originals of all the tax bills and our certificate on title, to the client.

 

Tips for the sale of your property

  1. A multilingual conveyance lawyer in Spain is recommended in order to obtain the certificate from the Land Registry in Spain, to verify that the property is duly registered in your name.
  1. Review that the payments of IBI (RATES) are up to date and whether there is any debt related to the Spanish property.
  1. Our Spanish conveyance law firm, also recommend to check whether you are holding a copy of the License of first occupation and whether the property has been built in accordance with the planning regulations in the area.
  1. Additionally, we also recommend that you obtain an estimate of the payment of the Plusvalis Tax in order to account for all future costs arising in the sale.
  1. Additionally it is advised that our clients obtain and indicate the capital gains tax arisen.
  2. Clients, need also to obtain the Energy
  3. Finally, if your are a non-resident in Spain, we advise you to present the corresponding non-resident income tax declarations.

 

ADDITIONAL INFORMATION

 

Conveyancing in Spain holds some differences when compared to conveyancing all

over the world.

These differences include that the drawing up of the initial deed and the

witnessing of the signatures can only be accomplished by a public notary.

A notary represents the government by fortifying that state taxes are paid on the completion of a sale.

The use of a notary in conveyancing in Spain ensures the following checks are executed.

 

  1. Verifying that a property belongs to the vendor or that he or she has the legal authority to sell it.
  1. Ensuring there are no tenants in the aforementioned property.
  2. Checking that there are no preemptive rights over the property and that any of construction will not adversely affect the value of the environment.
  3. Making sure that the boundaries and measurements of the deed are accurate.
  4. Ensuring that the planning or building permits are in legal order.
  5. If a building is located on a beach-front, you should check that it was approved by the coastal authorities.
  6. A newly completed building must also have a certificate to which certifying the completion of work in accordance with the building plans and a license for the first occupation.
  7. Obtaining the registration number of the property and an extract of the property number.
  8. Obtaining a certificate of no debts from the town hall.

 

Read more…….

Conveyancing services in Spain involves legally transferring home ownership from the seller to the buyer.

The conveyancing process in Spain begins when your offer on a house is accepted and  finishes when you receive the keys. Moreover, the conveyancing process in

Spain comprises of all the legal stages and processes when buying property in Spain.

Stage 1

Stage 1 of the conveyancing process in Spain comprises of searching for a Spanish home to which you will need a copy of the Nota Simple. The Nota Simple describes what you are buying, the charges and encumbrances for which the property is accountable. An annual IBI (Council tax costs) and level of community charges where applicable should be made to recognize ongoing expenses. Thereafter, it is recommended to appoint a Spanish lawyer who can ensure that fundamental legal procedures have been met.

Stage 2

Stage 2 of the conveyancing process in Spain includes signing a reservation contract and paying a reservation fee. A reservation contract will assure the Spanish property is removed from active marketing. However, prior to signing a reservation contract and paying over monies it is advised to have taken counsel from a legal representative.

Stage 3

Stage 3 of the conveyancing process in Spain describes the Private Purchase Contracts. It is standard procedure at this point for a 10% deposit to be transferred to the seller. The point the contract is signed the buyer becomes legally accountable to fulfill the payment of the property. The seller is now legally obligated to sell the property at the consensual price.

The conveyancing process in Spain undertakes the possibility to write into a purchase contract certain “get out” clauses. However if one of the clauses finally needs to be acted upon, the buyer may have to take legal action. In addition, the purchase contract also describes what expenses and what fixtures form part of the sale of the property. Prior to signing the Private Purchase Contract, the purchaser should have concluded who exactly will be buying the property.

Stage 4

Stage 4 of the conveyancing process in Spain comprises of the completion of a property purchase in Spain and  is undertaken in the offices of Notaria Publica. All parties connected to the completion in Spain must be in attendance. The aforementioned parties may include any bank personnel for redemption of a current loan or new mortgage, the seller and the buyer and their corresponding legal representatives.

Stage 5

Stage 5 of the conveyancing process in Spain entails that a copy of the deeds is given to the buyer or their legal representative. The originals are delivered to the Land Registry to be examined and recorded. The registration process can take up to three months. After the registration process has been completed, the original deeds and all invoices relating to the transaction will become obtainable.

 

Do not hesitate to contact our conveyancing law firm in Marbella, for all your legal enquires in Spain.

 

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