See what I did there? I know it’s a terrible play on words. This week I went to Cadiz province, in Andalusia, I was in the lovely town of “Vejer de la Frontera” at the notary office, representing a client who was buying a Spanish property.
My team and I travel all over Spain helping clients buy their Spanish home. We also help with residencia or residency as it is called and all the necessary visas.
One of the common misconceptions is that once the public deed for the property purchase has been signed at the notary office that is the end of the process and you’ve bought your home in Spain. In fact, you are the owner of the house from this point in time but the process has not finished, it’s quite the opposite, the signing of the deed at the notary office is only the start of the conveyancing process here in Spain.
There are still a number of things that have to be done before you have actually purchased your Spanish home.
In general, briefly, they are as follows;
a) The stamp duty has to be paid on time
b) The property has to be put in the name of the new owner at the Town Hall
c) The property has to be put in the name of the new owner on the catastro
e) The property has to be inscribed into the name of the new owner at the Land registry f) The supplier contracts have to be changed into the new owner’s name
g) In case that the seller was not resident in Spain, the 3% retention of the price has to be paid on his behalf to the Treasury office on time.
h) In case that the seller is not resident in Spain, the plusvalia tax has to be paid on his behalf on time.
i) The new owner has to be registered at the Community of owners, if applicable.
Of course, your Spanish Solicitor or Abogado as they are called will act for you. If you’re thinking of buying a place in Spain, choose your own independent lawyer.
Remember not to sign or pay any until you have received legal advice. We can also arrange a survey of the property and refer you to a reputable mortgage broker if you so wish.
Make sure you get the number of the lawyer so that you can check they are allowed to practice here in Spain.
As with all my articles, this isn’t legal advice. If you’d like my firm to act for you then send us an email or give us a call.
You can see all my articles on the home page of our website.
Marisa Moreno Castillo. Senior Senior Lawyer and Consul for Denmark.
Est. 1992 www.justlawsolicitors.com