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Conveyancing in Spain: 7 tips

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

 

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Conveyancing in Spain: what to check

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…….

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5 Stages of the Conveyancing Process in Spain

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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Bye Bye to the Licence of first occupancy in Spain?

 

Spanish Decree-Law 2/2020 of March 9, on the improvement and simplification of regulations for the promotion of productive activity in Andalusia, has introduced a series of measures for Andalusia that aim to reduce administrative procedures in certain economic and productive sectors, in order to speed up access to productive activity for entrepreneurs and business people, simplifying procedures and reducing unjustified or disproportionate administrative requirements.

 

Read more………

By Welex, your multilingual conveyancing law firm in Spain.

 

Read here more about the 10 most relevant queries at the time of the purchase of a property in Spain

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What is a digital or electronic certificate in Spain?

The digital certificate in Spain confirms our identity on the Internet both as a natural person and a legal entity. Your data will be protected every time your digital signature is used and when you make an online transaction.

Do not hesitate to contact our firm of lawyers and accountants in Marbella to obtain your digital signature in Spain.

The Spanish digital certificate is valid for three years. After those three years it will be necessary to renew it.

 

What can we do with the digital certificate in Spain?

With the Spanish digital or electronic certificate we can file, request any documentation, information or sign digitally.

For example:

Tax Agency: you can access your tax data, file your declarations, request documentation, payment letters, certifications, etc.

City councils: obtain information, documentation, receipts, and fines, file documentation, etc.

Social Security: access your work history, register with social security, get an appointment with a doctor, etc.

 

How do you obtain a digital certificate in Spain?

Obtaining your digital certificate means increasing speed and simplifying bureaucratic procedures in Spain. Do not hesitate to contact WeLex now, your lawyer and accountant in Marbella who will be able to obtain your digital signature at a reasonable cost!

 

The procedure to obtain the digital certificate in Spain is relatively simple.

To obtain the Spanish digital certificate we first need to access the page of the Fábrica Nacional de Moneda y Timbre, FNMT (Royal Spanish Mint), where we will request the certificate as a natural person.

Once requested, we will receive a number in the email we have provided.

You will have to go in person to any public body that provides this service and bring your original passport or identity card along with the number that the Fábrica Nacional de Moneda y Timbre FNMT (Royal Spanish Mint) has given you. They will identify you with your passport or identity card and issue the certificate that you will receive in the e-mail you have provided. If you are not Spanish, you will need to show a copy of your NIE certificate (identification number for foreigners).

You can now download the certificate. Very important, it must be done always from the same computer from which you requested it.

At Welex we can help you to obtain your digital certificate in Spain.

We will be at your side in any public organisation to obtain it.

Also if you are in another city, at Welex we can manage it remotely and indicate the exact steps you have to follow to obtain it.

 

What are the advantages of the digital certificate in Spain?

  • Security:

The documentation cannot be altered or manipulated

  • Procedures:

You will be able to carry out formalities from your computer without having to travel and avoid long queues.

  • Savings:

You will save on paper, time, travel and work

If you need to obtain a digital certificate and would like Welex to advise you, do not hesitate to contact Welex, a firm of lawyers and economists in Marbella. Our office will manage your request before the National Mint for the issuance of the certificate and we will be at your side in any public body for this purpose, always with an exquisite treatment.

This blog has been written by Welex, your lawyer in Spain and accountant in Marbella.

For more information of a legal, fiscal, accounting or labour nature, do not hesitate to contact Welex, your lawyer, economist and tax advisor in Marbella.

To read more about the digital certificate in Spain click here 

 

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Solution for irregular buildings in Andalucía, Spain

Welex, your expert property lawyer in Marbella, has the pleasure to write some lines with regards to the Spanish law of urgent measurements for the environmental and territorial adequacy of irregular buildings in Andalucía, Spain.

 

We find a new Decree that will revoke, among other regulations, the Spanish Decree 2/2012, of January 10, which regulated the regime of existing buildings and settlements on undeveloped land of the Autonomous Community of Andalusia, because according to the background of the new Decree «the current regulation in the Andalusian legal system on this matter is extraordinarily messy and complex, which creates a scenario of uncertainty and legal insecurity.»

 

Indeed, Decree 2/2012 turned out to be of difficult practical application, since the municipalities were not able to determine whether irregular properties located in their territory could be considered «assimilated to out of planning.»

 

The new Spanish Decree, according to its own statement of reasons or background, will have an absolutely provisional character «until the new law on urban planning and land in Andalusia is approved». Do not hesitate to contact one of our multilingual property lawyers in Marbella now for any legal question!

 

The Decree will regulate the procedure of declaration of the situation of assimilated to out of planning of the irregular, isolated or grouped buildings, in urban, urbanizable and non-developable land in Spain in respect of which measures to restore the legality can no longer be adopted for having elapsed the deadlines established by law (6 years after the completion of the works).

 

These irregular but completed buildings in Andalucía, Spain, will not be able to access the basic services nor will any work be carried out until the administrative resolution of recognition of “assimilated to out of planning” is obtained.

 

The new Spanish Decree introduces the possibility of approving special plans to adapt environmentally and territorially the groups of irregular buildings, without the need for the approval of future general plans and their subsequent development.

 

The approval of these special plans does not imply a modification of the land classification in Spain, but will allow Spanish irregular buildings to have access to basic services for conservation and renovation works.

 

The Special Plan may establish the construction of small auxiliary elements as long as it does not affect the landscape and the environment.

 

These irregular buildings in Spain may be incorporated into urban planning, on the occasion of the drafting of the General Planning Plans, their revision or modification.

 

Finally, it is necessary to grant a municipal license for access to the Land Registry of any segregation that is carried out on non-developable land, so that the declaration of unnecessariness is dispensed with.

 

Welex, expert property lawyers in Marbella, have not wanted to enter the articles of the Decree-Law to avoid tedious reading to our readers.

 

If you have a property in undeveloped land in Spain and have doubts about your legal situation, contact the expert property lawyers in Marbella of Welex, where you will find answers to your questions.

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Effects of the coronavirus in Spain: The suspension of loans and credits in Spain

By Welex, lawyers in Spain specialising in real estate law.

 

The health crisis situation in Spain caused by the coronavirus Covid 19 and the Royal Decree Law 11/2020 puts many people in a situation of special vulnerability.

Some, foreigners in Spain with loans without mortgage guarantees, who are limited or sometimes unable to comply with such loans due to the health situation. In the same way, we find those who have guaranteed, by means of a bond or guarantee, the fulfilment of the obligations contracted on the occasion of these loans.

Throughout this blog the lawyers in Spain specialising in real estate law of our firm Welex are pleased to expose the essential lines to suspend the payments, managing to give financial relief to the already complicated, health crisis situation.

 

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Compulsary extentions of rental contracts in Spain-homes only

By Welex, lawyers specialising in Real Estate Law in Spain As a result of the health crisis caused by the coronavirus Covid-19 in Spain, Royal Decree Law 11/2020 of March 31 was published, which established an extraordinary extension to the leases of habitual residence in Spain. The extension of rental contracts in Spain Regarding the…

Click here if you wish to learn more of this Spanish conveyancing web site.
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What documentation do I need to request to the seller to purchase an already existing property in Spain?

By Welex, your conveyancing lawyer in Marbella.

First, we would like to differentiate between properties that are acquired directly from the developer or under construction and the properties of second transmission, depending on whether it is one or the other properties referred, we will request to the vendor different documents.

In this blog we are going to focus on Spanish properties of second transmission.

The most important documentation that our office advises to request to the seller or his legal representative before acquiring a property is the following:

conveyancing lawyers in Marbella

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Do not hesitate to approach the conveyancing lawyers in Marbella of our law firm in Spain now!

 

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Who has to pay the rates (ibi) in spain in the year that the Spanish property is being sold?

Do you wish to sell or purchase a property in Spain? Who needs to pay the Real Estate Tax, the Spanish IBI, that same year?

This matter is being regulated in the Law for Local Tax Offices, which establishes that the taxable event of this tax, the ownership is of the property right, amongst others, on rural and urban properties.

In case of selling a property, the IBI, or Spanish Real Estate Tax, must be paid by whoever is the owner on January 1st of that same year in which the conveyance is taking place. The purchaser will pay the year after that. Read here more on contracting of supplies for a new construction in Spain

For purposes of this tax in Spain, rural and urban properties shall be considered in accordance with the definition that is given in the regulations of the Property Cadastre or Land Registry.

In case one and the same property is located in different municipalities, it is understood that it belongs to each one of those municipalities for the surface it occupies in each one correspondingly.

Contact one of our conveyancing lawyers in Marbella for any legal question now!

rates in Spain

Who pays the rates in Spain

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Do you have any legal question?

At Welex we guarantee you a professional and individual treatment. All our professionals have years of experience in their field, which they put at your service with the aim of attending your affairs quickly and efficiently. Please contact us and we will be happy to advise you. (+34) 952 77 55 21 | info@welex.es

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