Een huis kopen in Spanje is een droom voor velen, maar er zijn specifieke regels en procedures waarmee je rekening moet houden om deze droom werkelijkheid te maken. Of je nu een vakantiehuis zoekt aan de Costa Blanca, of permanent wilt verhuizen naar de zon, het is essentieel om op de hoogte te zijn van de juridische en administratieve aspecten die bij het kopen van een woning in Spanje komen kijken. In dit artikel bespreken we de belangrijkste regels en stappen die je moet volgen om probleemloos een huis in Spanje te kopen.

Spain not only offers a beautiful climate but also an attractive investment environment for property buyers. The combination of affordable house prices, appealing tax benefits, and a high quality of life makes Spain an ideal place to invest in a second home or permanent residence. Regions such as Costa Blanca, Costa del Sol, and the Balearic Islands are particularly popular among foreigners looking for a home in Spain.

Here are the key steps and legal rules to keep in mind:

1. Legal Representation

It is highly recommended to hire an independent lawyer when purchasing a property in Spain. The lawyer will ensure that all documents are in order and check for any legal obstacles, such as debts on the property or missing building permits. This legal assistance is essential to prevent issues such as hidden encumbrances on the property or incomplete ownership titles.

2. Apply for an NIE Number

One of the first steps you should take when buying a property in Spain is to apply for an NIE number (Número de Identificación de Extranjeros). This is a personal identification number for foreigners that you need for almost any legal and financial transaction in Spain, such as opening a bank account and signing the purchase deed.

3. Financing and Mortgages in Spain

Foreigners can apply for a mortgage in Spain to purchase a property. Spanish banks typically finance up to 70% of the property's value for non-residents. It is important to know that the terms for mortgages vary by bank, and it is advisable to compare offers from different banks before making a decision. Be mindful of additional costs such as notary fees, transfer tax, and registration fees.

4. Buyer’s Costs: What Else to Expect?

In addition to the purchase price of the property, there are several extra costs to consider. These can add up to 10-14% of the purchase price. The main costs include:

• Transfer Tax (ITP): This varies by region and usually ranges from 6% to 10% of the purchase price.

• Notary Fees: The notary fees depend on the complexity of the purchase deed and range between €800 and €1,200.

• Registration Fees: After the purchase, the property must be registered in the land registry, which incurs additional costs.

• Lawyer Fees: Expect to pay 1-2% of the purchase price for legal assistance.

5. The Purchase Deed (Escritura Pública)

Once all conditions are met, the purchase deed is signed in front of a notary. The notary checks that all documents are in order and ensures that the transfer of ownership is legally recorded. After signing the purchase deed, the new owner is registered in the land registry (Registro de la Propiedad). This process is essential for obtaining full legal ownership of the property.

6. Check for Debts and Permits

An important aspect of buying a house in Spain is checking for any outstanding debts on the property, such as mortgage debts or taxes. In Spain, these debts transfer to the new owner if they are not settled at the time of ownership transfer. Additionally, it is crucial to check that the property has all necessary building permits, especially when it comes to new constructions or renovations.

7. Considerations When Buying New Construction

When purchasing a new build in Spain, different rules apply compared to existing properties. An important law relevant to this is the Ley de Ordenación de la Edificación (Building Regulation Act), which provides certain guarantees to buyers of new properties. Make sure to conduct a thorough check on the builder's permits, including the license for first occupation (Licencia de Primera Ocupación).

8. Taxes and Obligations for Owners of a Second Home

As an owner of a second home in Spain, you are required to pay various taxes, such as property tax (IBI), income tax (if the property is rented out), and capital gains tax upon sale. For non-residents, there is also the obligation to file an annual tax return for the value of the property.

Buying a house in Spain can be a great investment, but it is important to be aware of the regulations and costs involved in the purchase. Make sure to seek proper legal advice, verify that all permits and documents are in order, and account for all additional costs. J&Geerts Real Estate is here to guide you through every step, so you can enjoy your new home in sunny Spain with peace of mind.