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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.

 

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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.

 

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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.

 

 

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.

 

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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

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.

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.

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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By Welex, your conveyancing lawyer in Marbella!

 

Do not forget to revoke the Power Attorney in Spain if you did grant one at the time of thee purchase your home in Spain

 

At Welex, your conveyancing law firm in Marbella, we solve your doubts. Our law firm in Marbella is pleased to fully inform you about revoking a power of attorney in Spain, what to do when signing a deposit agreement in Spain and a brief explanation of the Urban Leasing Law. How to revoke a Power of…

Welex, your conveyancing lawyers in Marbella at the time of selling your home in Spain

Spanish legislation protects consumers who purchase real estate in Spain by requiring the developer to provide certain information. This matter is regulated by Royal Decree 515/1989 of April 21, which includes information and documentation that must be provided to the user in the acquisition of a home.

 

Do do wish to learn more about the relevant information for buyers interested in the acquisition of a new property in Spain or a property under construction? Than click here to read more!

 

 

Do not hesitate to contact leading conveyancing lawyers in Marbella of our law firm in Spain!

 

Get In Touch With Our property Experts Now. Low Costs on Spanish property transactions. Contact now with one of our friendly property lawyers now and you will get efficient and quick servics..

 

Low costs and fixes legal fees. Multilingual lawyers in Spain.

 

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