At CDLA lawyers, we stand for personalized service for our clients in the real estate purchasing process in Spain. It is very important to be advised by a specialized lawyer in this process, as they not only represent your interests but also because in Spain all the legal preparatory work leading to the notarial deed is done by lawyers, and not by the notary. The notary ensures that the notarial deed is in order and that all necessary documents are present for the sale to proceed, but does not handle other essential parts of the purchasing process.

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As a law firm, we are responsible for the following actions within the purchasing process to provide a complete service, so that you as a client do not have to worry and are assured that everything is in order:

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1. Preparatory work 

 

A simulation of all costs that come on top of the purchase price of the property:

 

In addition to the purchase price, taxes and other purchase-related costs, such as notary fees, registration fees, etc., must be paid. A simulation of the total cost of the purchase is, of course, a very important part. This ensures that the buyer has 100% clarity about the total cost of the purchase, so the buyer is sure that they have the financial means to buy the property. Of course, it also helps to avoid unpleasant surprises later on.

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The preparation of all contracts:

 

When purchasing a house, it is customary to prepare a preliminary purchase contract and/or a definitive purchase contract. The preparation of the preliminary contract (arras contract) or purchase contract is an essential aspect of the purchase, as these documents outline all the conditions and obligations regarding the final purchase. You could say that these documents are the foundation of the purchase. Therefore, it is certainly very important to have these prepared by a specialized lawyer to avoid problems or inconveniences later in the purchasing process.

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Applying for a NIE or NIF number:

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To buy a property in Spain as a foreigner, you need a NIE number (Número de Identidad de Extranjero) as a natural person or a NIF number (Número de Identificación Fiscal) as a legal person (company). This is a number issued by the Spanish administration to foreign persons as an administrative and tax number to be able to carry out transactions in Spain.

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A check of the property to be purchased:

 

The first check performed is the ownership situation of the property. Here, the title of ownership is verified. This is to avoid the situation where a property is purchased from an heir who has not yet accepted their inheritance.

 

The second check concerns possible debts on the property. For example, a mortgage or registered debts on the property (e.g., from the Spanish tax authorities, electricity, or other utilities, etc.).

 

The third check that we as a law firm perform is the legality of the property. Here, we ensure that all necessary documents are available for the sale to take place and that these documents correspond with the reality. A check is also performed regarding building violations, as these are transferred with the purchase of the property. The latter is certainly crucial when it comes to a property located in rural land. In the case of urban planning violations, we inform our clients about the consequences and implications of these and check whether there is a possibility to legalize the illegal part. We also review urban planning regulations such as the PGOU (General Urban Planning Plan) and Partial Plans and examine the available urban planning maps.

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We are the point of contact for the selling party, the lawyer, and the real estate agent:

 

Several documents must be present for the purchase to proceed with certainty. For this, we as lawyers are in contact with the selling party to obtain these. We are also the point of contact for the preparation of the contracts, and if the client wishes, we can also assist in negotiating the purchase price. In this way, our clients have no worries and can be assured that everything will be in order for the purchase of their dream home.

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Checking the notarial purchase deed:

 

Before going to the notary to sign the notarial purchase deed, we check the entire document and, if necessary, provide some corrections to the notary's office. We also review the final notarial version with our clients before it is signed at the notary. This way, our clients always know what they are going to sign before they arrive at the notary. This has the advantage that when the notary explains, there is no room for discussion or unexpected turns. The notary is also grateful to us, since not all notaries in Spain speak well the language of the parties involved.

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2. The notarial purchase deed

 

Assistance during the signing of the notarial purchase deed at the notary:

 

We assist our clients at the moment of signing the notarial purchase deed. This way, the client can be assured that the correct version is being signed. This deed is prepared by the notary according to the information and findings provided by the lawyer overseeing the purchase. This deed describes the property, accurately reflects the purchase price and method of payment, contains several rights and obligations for both parties, and may include certain conditions that both parties wish to incorporate.

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After the notarial purchase deed Ensuring that the tax declaration related to the purchase and its payment proceeds smoothly:

 

Here we are talking about the taxes involved in the purchase itself. If it concerns a second-hand property, we are talking about transfer tax, and if it concerns new construction, we are talking about value-added tax. This also affects the tax on documented legal transactions. As a firm, we are responsible for filling out all the paperwork that must be submitted to the Spanish tax authorities, and we ensure that the payment of these taxes occurs within the legal timeframe.

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Declaring the purchase to the municipality and the direct debit of IBI & garbage tax:

 

We also assist the client with the declaration of the purchase to the municipality. Additionally, if the client wishes, they can be assisted in the direct debit concerning the payment of the property tax (Impuesto sobre Bienes Inmuebles) and the waste disposal tax (Tasa de basura).

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Connection or change of ownership of utilities:

 

In new construction, this concerns the connection of utilities, and in second-hand properties, it concerns a change of ownership of the contracts for electricity, water, and gas services.

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Registering the purchase in the property register and the land registry:

 

After signing the notarial purchase deed, the buyer has one month to pay the taxes related to the purchase. Once these and the registration fees are paid, the purchase can be registered in the property register. We also ensure the registration of the purchase deed in the land registry.

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As you can see, there are several steps that must be taken when purchasing real estate in Spain. Some steps are more administrative, but there are also quite a few legal steps that need to be followed closely. Hence the importance of a lawyer who assists the purchasing party at every moment of the purchasing process, whether to ensure everything runs smoothly, to avoid worries, or to thoroughly check all legal issues.

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We must also not lose sight of the fact that if purchasing off-plan, there are additional considerations beyond the previous list of actions. This involves other issues such as building permits, extra guarantees for a possible bankruptcy of the developer, guarantees for late submission of the property, the insurances taken out by the developer, and whether these are sufficient, etc.

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Likewise, the firm also offers numerous services related to the sale and purchase, if the client so wishes, such as assistance with the mortgage file, contracting home insurance, procedures to register the children in educational institutions, requesting the change of foreign car registration plates to Spanish registration plates, etc.

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At Corneillie Desquesnes Lopez Acedo Lawyers, we strive to provide our clients with the best possible guidance in this, so they can purchase the home of their dreams without any worries.