Legal information on the acquisition of a property


Once you have found the property of your dreams, some essential points have to be clarified. It goes without saying that we will support you with this task.


1. IBI (Impuesto sobre Bienes Inmuebles) = the Spanish land value tax

    • Is the land value tax (which is to be paid every year) already paid? We obtain this information from the Town Hall.

    • 2. Are the energy certificate and the certificate of habitability available?
      We ensure that these documents will be present on the date when signing the Title Deed at the notary.

3. Examination of the land register data:

By means of an extract of the land register data we get information on the present owner of the property and on possible charges and encumbrances, i. e. on mortgages, rights of way, etc.

4. Lawyer

Depending on the property, it may be advisable to consult a local lawyer. We shall be glad to recommend you some local experts.

5. Contract

After reserving the property by means of a private option contract and transferring the usual 10% of the sales price as a down payment we prepare for you the notary appointment. At the notary the public Title Deed is signed and the final payment is made.
We make sure that the property is handed over to you free of any charges and encumbrances, (mortgages, tenants, etc.). Both parties, or their representatives authorized by a notary, must sign the Title Deed in presence of the notary. After that the transfer of ownership can be made in the register of properties. In any case, beforehand you need a Spanish tax number (NIE) which you should apply for in due time. We shall be pleased to assist you accordingly.


6. Financing

Do you require a bank financing? We shall be pleased to arrange an appointment for a consultation at the bank or for the elaboration of a valuation report.


7. Charges and taxes:

According to the Spanish law the following charges and taxes have to be paid by the buyer:
a, real estate transfer tax (VAT plus stamp tax if a builder is the seller)
b, charges for the registration in the register of properties
c, notary fees and possibly gestoría (= tax consultant) fees
The following has to be paid by the seller:
a, the plusvalía (local capital gains tax which is calculated form the increase in value of the cadastral value of the plot
b, any charges that may arise for possibly necessary cancellations of old mortgages and encumbrances