Interested in buying a property in Spain?
Description of actions to be taken in relation to the acquisition of property in Spain, once the property to be acquired has been identified:
1) Legal and urban analysis of the investment to be made
2) Formalization of the client's investment operation
3) Bank financing for real estate investments
4) Registration of property acquired in public records and subsequent procedures
5) Various procedures related to ownership of the property
Actions to be taken in relation to the acquisition of property in Spain, once the property to be acquired has been identified
1. ABOGADOS · ECONOMISTAS · ASESORES FISCALES · CONSULTORES
Pau Clarís, 139 – 08009 BARCELONA – Tel.: 934871126 – Fax: 934870068
agm@agmabogados.com – www.agmabogados.com – CIF: B58987025
Socios de LAWROPE con oficinas en: Alemania, Austria, Bélgica, Brasil, China, Estados Unidos,
Francia, Holanda, Italia, México, Polonia, Portugal, Reino Unido y Suiza.
Corresponsalía en México: DTCA Abogados. México.
Oficina de representación en Xian - China
Interested in buying a property in Spain?
Description of actions to be taken in relation to the acquisition of property in
Spain, once the property to be acquired has been identified:
FIRST PHASE: Legal and urban analysis of the investment to be made
Analysis of the registry and urban situation of the property to be acquired
by the client, by obtaining information from the public registry and local
councils.
SECOND PHASE: Formalization of the client's investment operation
Collaborating in the preparation of the necessary documents and contracts
to be formalized for the acquisition of the property, both preparatory
(deposit contract) and purchase contracts, so that the operation can be
performed with maximum legal certainty.
Representing the client, where necessary, before the State Administration
and the relevant regional government and local councils, both in the stage
prior to purchase and following the purchase, in order to register the
property in the client's name in all necessary government agencies and
private entities.
(Where necessary) Obtaining the client's foreign national identification
number (NIE) from the tax office, which is a prerequisite for carrying out
economic operations in Spain.
Opening a bank account within Spain on behalf of the client, so that direct
debits for any bills and charges relating to the property can be set up.
(Where necessary) Obtaining bank finance to carry out the investment in
Spain.
Study, analysis and opinion regarding the conditions of the loan proposed
by the financial entity to the client.
Assisting the client with the signing of deeds related to the purchase of the
property, as well as of preparatory contracts, before a notary.
(Where necessary) Statement before the Ministry of Economy. Department
of Foreign Transactions for investments made by non-residents.
2. ABOGADOS · ECONOMISTAS · ASESORES FISCALES · CONSULTORES
Pau Clarís, 139 – 08009 BARCELONA – Tel.: 934871126 – Fax: 934870068
agm@agmabogados.com – www.agmabogados.com – CIF: B58987025
Socios de LAWROPE con oficinas en: Alemania, Austria, Bélgica, Brasil, China, Estados Unidos,
Francia, Holanda, Italia, México, Polonia, Portugal, Reino Unido y Suiza.
Corresponsalía en México: DTCA Abogados. México.
Oficina de representación en Xian - China
THIRD PHASE: Bank financing for real estate investments
Obtaining bank finance to carry out the investment in Spain.
Study, analysis and opinion regarding the conditions of the loan proposed
by the financial entity to the client.
Signing of deeds related to the mortgage of the property, as well as of
preparatory contracts, before a notary.
FOURTH PHASE: Registration of property acquired in public records and
subsequent procedures
Preparation, development and management of the settlement of indirect
taxes generated by the purchase of the property before the competent
administrative authority.
Settlement of Property Transfer Tax and Stamp Duty following the
purchase of the property, and provision of the necessary documents before
the relevant regional government, within the mandatory term, unless the
financial institution is entrusted with the management thereof.
(Where necessary) Settlement of non-resident withholding tax, in the
event of a transfer of the property to a non-tax resident in Spain.
(Where necessary) Settlement of capital gains tax before the relevant local
council, in the event that the seller is not a tax resident in Spain.
Notifying the property records office of the change in ownership of the
property.
Managing the registration of the title deeds with the Land Registry on
behalf of the investor, in order to protect their rights erga-omnes.
Communicating with the relevant local council regarding the setting up of
direct debits for taxes generated by the acquisition of the property that are
payable at regular intervals.
3. ABOGADOS · ECONOMISTAS · ASESORES FISCALES · CONSULTORES
Pau Clarís, 139 – 08009 BARCELONA – Tel.: 934871126 – Fax: 934870068
agm@agmabogados.com – www.agmabogados.com – CIF: B58987025
Socios de LAWROPE con oficinas en: Alemania, Austria, Bélgica, Brasil, China, Estados Unidos,
Francia, Holanda, Italia, México, Polonia, Portugal, Reino Unido y Suiza.
Corresponsalía en México: DTCA Abogados. México.
Oficina de representación en Xian - China
FIFTH PHASE: Various procedures related to ownership of the property
Changing the account holder with energy suppliers for any bills (water,
electricity, telephone, etc.) for the property acquired, as well setting up
any direct debits for bills issued by suppliers.
Managing paperwork from the Homeowners' Association, where necessary,
in order to communicate the change of ownership and monitor Community
agreements related to the property at the time of acquisition.
Jordi Rovira Esteve
Associate – Tax Law Department
AGM Abogados - Barcelona