Buying Guide
Determining the budget
Financing the purchase of real estate is usually done through a combination of private property and a mortgage. We recommend that you investigate the possibility of obtaining a mortgage under Spanish law as the process may differ in Poland.
While interest rates in Spain tend to be slightly higher, Spanish banks welcome foreign clients due to their lower risk.
Taxes and costs
1. IVA (VAT): 10% for residential properties and 21% for plots, garages and warehouses.
2. Stamp Duty (Andalusia): 1.5%
3. Notary costs: Fees are based on government-agreed wage rates and depend on the nature of the purchase/sale and the length of the purchase contract. Average charges for a normal residential property range from €500 to €1,800 (excluding 21% VAT).
4. Land Registry entry: Costs are set by the regional authorities and usually range from 50% to 80% of the notary's fee.
5. Legal services/lawyer: Typically 1% + 21% VAT on the agreed sale price.
In the case of the purchase of real estate with a new mortgage, additional registration fees and notarial costs are associated with it, as a separate deed requires entry in the register. Stamp duty in this case will also amount to 1.5% of the total loan.
Matching wishes and expectations to the budget
After determining the budget, we will start the search for your dream home. We will contact you to gather more detailed information and list all the points that are important to you in your future property. You may have already seen a few options on our website or elsewhere that have caught your eye and we will work together to discuss relevant information about these properties to see if they suit your preferences.
Please note that we have access to every new or resale property in the region, unlike other websites which may contain outdated information. We can provide you with real-time data, including the availability and current price of a specific property.
We believe in transparency and objectivity, which is why we present both positive and negative aspects of the property, allowing you to form your own opinion based on all the information provided, without any sales tricks.
Please note:
Are you looking for a permanent place to live in Spain or is it a holiday destination where you will spend limited time all year round? Your use will affect the size and location of your property.
Do you plan to rent out the property in the future or is it for personal use only?
Do you prefer to live in an apartment or in a separate villa with a private pool? Or would you like to be part of a service community?
How many bedrooms and bathrooms do you envision in your ideal home?
Do you dream of a terrace with morning or evening sun?
How important is the distance to the beach or other amenities in the area?
Do you prefer a quiet location surrounded by nature or a vibrant community?
Should the property be pet friendly?
Based on our conversation, we'll provide you with a list of the best-suited options that match your personal criteria. If you find very interesting properties on this list that could become your second home, we can move on to the next step in the process.
You've made your decision and found your dream home! It is now necessary to take the necessary steps to secure this property and remove it from the market as soon as possible.
Here are two important steps you must follow:
1. Choosing a legal representative/attorney: It is essential for a buyer to have an independent and professional legal adviser. Your legal representative or solicitor will take care of all legal activities throughout the purchase process, similar to the duties of a notary public in your country. Costa Casas can introduce you to several independent real estate lawyers who offer fair fee rates and speak your language if you prefer. These law firms usually charge a rate of 1% of the sale price.
2. Requesting your NIE Number (tax number):
Authorization (Power of Attorney): In Spain, it is common practice to grant a power of attorney to a selected legal representative or lawyer authorizing them to act on your behalf during the purchase process. This authorization allows them to complete all formalities and sign relevant documents related to the purchase of real estate, including mortgage documents. Authorization after should be certified by an official notary public in Spain (average fee +/- EUR 90) or by the Spanish embassy in your country.
Alternatively, a power of attorney for a legal representative in Spain can be certified by a notary public in your home country. In this case, it must undergo an official translation into Spanish (done by a sworn translator) and be legalized by obtaining an apostille for that translated document, in accordance with the Hague Apostille Convention of 1961. This option is more expensive, more complicated and time consuming.
A legal representative or lawyer of your choice may also request a NIE number on your behalf (Numero de Identidad de Extranjero). This number is NOT a unique tax identification number for all foreigners subject to Spanish tax laws. NIE number is necessary to register real estate in the land and mortgage register, pay taxes and conclude utility contracts.
Reservation agreement and due diligence
To secure the selected property and remove it from the market, it is necessary to pay a deposit. The booking fee, which is usually between €6,000 and €10,000, depends on the total price of the property. It is crucial that you transfer this amount to the client account of your statutory representative or lawyer, and not directly to the agent or promoter.
Once payment has been received into the client's account, your legal representative or solicitor will begin the due diligence process by contacting the seller or promoter and requesting all necessary documentation related to the property.
As part of the due diligence process, the following verifications will be carried out:
1. Official identification of the seller of the property.
2. Entry of the property under construction in the land register ("Registro de Propiedad").
3. Verification of any outstanding debts or liabilities on the property.
4. Confirmation of the validity of the building permit, and after the construction issuance of a permit for the first use by the commune.
5. Providing the buyer with the architectural specifications and quality verifications attached to the sales contract.
6. Organization of bank guarantees and insurance protecting investments implemented during construction.
7. A thorough review and analysis of the sales contract prepared by the developer in terms of protecting your rights.
8. Translation of the sales contract to ensure clarity and understanding of all its provisions.
The due diligence process is critical to ensuring a comprehensive understanding of the legal status of the property and ensuring that your rights and investments are protected throughout the purchase process.
Sales agreement
Approximately 4 weeks after successful completion of due diligence procedures and confirmation of the property's compliance with the law, the sales contract will be ready for signing. At this stage, the buyer is usually required to pay between 25% and 35% of the total sale price less the initial booking fee.
Signing the sales contract is a milestone in the purchasing process. It means the completion of negotiations with the seller's lawyers regarding their rights and interests and defines the detailed conditions of real estate purchase. This legally binding document outlines the duties and responsibilities of both the buyer and the seller, ensuring a transparent and secure transaction.
Titles and Delivery
After the property is delivered and the first occupancy permit is obtained, the title deed can be signed. The signing process may be carried out by the buyer with the help of his statutory representative/advocate or by the statutory representative/attorney using the power of attorney granted to him.
At this crucial stage, the remainder of the sale price of the property should be transferred to the seller/promoter. The buyer then becomes the official owner of the property and the deed serves as legal proof of ownership. With the successful signing of the deed, the dream of owning a property in Spain becomes a reality.
Community costs and local taxes
Your legal representative/solicitor will arrange the direct debit for all utility contracts, council taxes and any other property related payments. Please note that once the deed is signed, it may take approximately 2 weeks to arrange for water and electricity to be delivered to your property.
To ensure smooth payment, it is necessary to open a bank account in Spain. This account will be used to cover infrastructure costs, local taxes, household waste collection and any potential local fees. Your legal representative/attorney will help you open a Spanish bank account and can also arrange automatic payments if you wish. It is essential to maintain sufficient funds in this account to avoid unexpected problems. With these preparations, you can go ahead and enjoy your new property in Spain without worrying about payment hassles.
Furnishing your dream home.
Congratulations on becoming the proud owner of your dream home!
Now comes the exciting part - decorating it the way you've always imagined.
At Costa Casas, we can connect you with the right professionals to make your vision a reality.
Whether you are looking for interior designers, contractors or other professionals, we have the resources to make your dreams come true.
Create a space that reflects your style and meets your desires, and we will help you make your dream home a true masterpiece.