Question 1

Do I need an NIE number, and how do I apply for one?

Accepted Answer

Yes — without an NIE number you cannot register a property in your name in Spain. It is your fiscal identification number with the Spanish tax authorities. If you buy with a Spanish mortgage, you apply for the NIE early in the process so that it is ready by the time you ask the bank for an offer. We arrange the NIE for our clients through the lawyer. That is included in our guidance.

Question 2

What is the difference between a nota simple and an escritura?

Accepted Answer

The nota simple is the extract from the property register (Registro de la Propiedad), the equivalent of the land registry. It shows, among other things, who the owner is and which debts or seizures rest on the property. The escritura is the notarial deed of sale that you sign at the transfer. You use the nota simple to check beforehand; the escritura definitively records the transfer of ownership.

Question 3

How does the purchase process work step by step?

Accepted Answer

The property is first taken off the market with a reservation contract. This is followed by a preliminary purchase contract that records the agreements and the deposit. Finally, we book an appointment with the notary for the definitive transfer and handover of the keys. On average there are two to three months between reservation and transfer, depending on whether a mortgage is involved.

Question 4

Can I own property in Spain as a non-resident?

Accepted Answer

Yes. As an EU citizen you only need an NIE number for that. There are no further restrictions on owning real estate. So you do not have to live in Spain or be a resident to buy a property there.

Question 5

Do I need my own lawyer, or does the notary handle that?

Accepted Answer

The notary and the lawyer have different roles, and that difference matters. The notary is neutral and checks whether the deed is formally correct, but does not represent your interest and does not investigate hidden problems. Your own lawyer, by contrast, investigates the property in your interest: ownership, debts, permits and any illegal building work. We always work with an independent lawyer who knows the region, so that you are protected and are not faced with surprises only at the notary.

Question 6

Do I have to be physically in Spain for the transfer?

Accepted Answer

You can be, but you do not have to be. Many of our clients grant a power of attorney (poder) to their lawyer, allowing them to sign on their behalf. That way you do not have to fly over for every step. We discuss in advance which moments you want to attend yourself and which you can leave to us with peace of mind.

Question 7

In which language is the deed of sale, and will I understand what I am signing?

Accepted Answer

The official deed is in Spanish, because that is legally binding in Spain. So you never sign anything blindly. Your lawyer explains the contents to you beforehand in your own language, and an interpreter can be present at the notary if you wish. We make sure you know exactly what it says before you put your signature to it.

Question 8

What is an arras contract, and what happens if I withdraw?

Accepted Answer

The arras contract (contrato de arras) is the preliminary purchase contract in which you pay a deposit, often around 10% of the purchase price. In the most commonly used form, it sets out what happens if a party pulls out: if you withdraw without valid reason you lose the deposit, and if the seller does so they must pay you double back. We make sure the terms and any conditions of dissolution are set out clearly in the contract in advance, so you know where you stand.

Question 9

Can my partner and I buy together, and how do we record that?

Accepted Answer

Yes, you can buy together, and you record the ownership split in the deed — for example, half each. That split has consequences for tax and for what happens on death, so it is a deliberate choice. We discuss in advance which split suits your situation and coordinate this with the lawyer.

Question 10

Besides my existing will, do I also need a Spanish will?

Accepted Answer

No, you do not need to draw up a Spanish will. However, for a quick and smooth settlement of the estate, it is advisable to amend your existing will so that your assets in Spain are named specifically and you can take a number of matters into account. We can refer you to specialists in this area.

Question 11

What is the difference between the property register and the catastro?

Accepted Answer

The property register (Registro de la Propiedad) records who the legal owner is and which charges rest on the property. The catastro is the municipality’s cadastral record, which describes the property and determines its value for tax. The two should match, but in practice they sometimes diverge — for example in surface area or plot boundaries. We have the lawyer compare them side by side, so that any differences come to light before the purchase.

Question 12

Which taxes and costs are added on top of the purchase price?

Accepted Answer

There are two situations. If you buy an existing, previously registered property, you pay transfer tax (ITP), which depending on the region is between 7% and 11%. If you buy a new-build property that has not been registered before, you pay 10% VAT, plus a stamp duty (AJD) for the first registration. That stamp duty varies slightly by region.

Question 13

How much should I budget for additional costs in total?

Accepted Answer

On top of the purchase price you should generally reckon on 10% to 14% in additional costs. These include the transfer tax or VAT, the notary, the property register and the legal guidance. The exact percentage depends on the region and on whether you buy new-build or existing property. We draw up a clear, tailored cost estimate in advance, so you are not faced with surprises.

Question 14

Can I get a Spanish mortgage as a foreigner?

Accepted Answer

Yes. For EU citizens, a Spanish bank can establish a mortgage on the property. Banks generally apply an LTV (loan to value) of 60% to 75% of the valuation. Bear in mind that the bank finances on the basis of the valuation, not automatically on the purchase price.

Question 15

What is the ITP and how high is it in my region?

Accepted Answer

The ITP (Impuesto de Transmisiones Patrimoniales) is the transfer tax you pay on the purchase of an existing property. Each region sets its own rate. On the Costa del Sol you pay 7%, on the Costa Blanca 9% for properties under € 1,000,000, and on the Costa Brava a scale based on the price is used.

Question 16

What is the plusvalía and who pays it?

Accepted Answer

The plusvalía is a municipal tax on the increase in the value of the land since the previous purchase. As a rule the seller pays it, although you can make other arrangements about this in the contract. We always check this point in the purchase contract, so that the cost falls to the right party.

Question 17

What is the 3% retention when the seller is a non-resident?

Accepted Answer

If a non-resident sells the property to you, then you as the buyer are obliged to retain 3% of the purchase price and pay it to the Spanish tax authorities. This is an advance on the tax the seller owes on their gain. It sounds technical, but your lawyer arranges this for you at the transfer. We make sure it is done correctly, so that you do not risk an additional assessment later.

Question 18

Do I run a currency risk on the purchase?

Accepted Answer

For buyers already in the eurozone, no. Spain uses the euro, just as you do, so there is no exchange rate that can affect your position. The amount you agree is the amount you pay.

Question 19

Do I have to pay tax in my home country on my Spanish property?

Accepted Answer

You pay the local Spanish taxes on the property (IBI, and IRNR on rental or deemed income). Under the double-tax treaties Spain has with most countries, your home country generally cannot tax again what you have already paid in Spain, although the property may still count towards your worldwide wealth or income assessment there. For your specific situation we refer you to a tax adviser familiar with both Spain and your own country.

Question 20

How much of my own money do I need at a minimum?

Accepted Answer

Besides any mortgage, reckon on additional costs of 10% to 14%, plus the part of the purchase price that the bank does not finance. Because a Spanish bank generally lends 60% to 75% of the valuation, you contribute the remaining part yourself. In practice, then, you need more of your own money than just the deposit. We work this through with you in advance, so you know what amount must be available.

Question 21

What does guidance by a buyer’s agent cost?

Accepted Answer

Our guidance works with a fee agreed in advance, so you know where you stand from the start. What you get in return is full control on your side of the table: selection, negotiation, due diligence and guidance right up to the keys. We discuss the exact form in an introductory conversation, tailored to what you are looking for.

Question 22

Can I use the equity in my home to buy in Spain?

Accepted Answer

You can, and many buyers do. By releasing equity on your existing home, you buy in Spain without a Spanish mortgage or with a smaller one. Whether that is wise depends on your interest rate, your tax situation and your longer-term plans. We put you in touch with a financial adviser who takes both sides into account.

Question 23

What tax do I pay if I sell the property later?

Accepted Answer

On sale you pay tax on the capital gain — the difference between your purchase and sale price — plus the municipal plusvalía on the increase in the value of the land. If you sell as a non-resident, the buyer retains 3% of the price as an advance on that tax. Good purchase documents and receipts for renovations help you later to establish the gain correctly. For your own situation we refer you to a tax adviser.

Question 24

What is the non-resident income tax (modelo 210)?

Accepted Answer

As a non-resident with a property in Spain, you file a declaration each year via the modelo 210. If you do not let the property, you pay a limited tax on a notional yield, comparable to a deemed rental value. If you do let it, you pay on the actual rental income. Your gestor or tax adviser handles this declaration for you.

Question 25

How do I find a reliable estate agent or lawyer?

Accepted Answer

Check that the agent holds the right licences and is genuinely present in the region where you are searching. Read references and have an exploratory conversation in which you can sense whether you are being listened to or merely sold to. For the lawyer: check that they are registered, ask about experience with property transactions and about the liability terms. Preferably choose a lawyer who knows the region, because then the lines to the notary and the municipality are short.

Question 26

What are the annual costs after purchase?

Accepted Answer

Each year you pay the IBI (the Spanish property tax) and a levy for waste and sewage (basura) to the municipality. If the property has an owners’ association, the comunidad costs are added to that. As a non-resident you also pay a tax for the period in which you do not let the property, comparable to a deemed rental value. Depending on the value and the region, you may also face wealth tax.

Question 27

Can I let the house when I am not there, and what permit do I need?

Accepted Answer

Yes, letting is possible, but for short-term tourist letting you almost always need a permit (licencia turística). The rules vary greatly by municipality and sometimes even by neighbourhood, and have been tightening in recent years. For longer periods you move into the sphere of a regular rental contract. We map out in advance what is permitted in your specific municipality.

Question 28

May I stay there without limit as a non-resident?

Accepted Answer

As an EU citizen you may travel and stay freely in Spain, without the restriction that applies to non-EU citizens. Do watch the fiscal limit: if you stay more than 183 days per year in Spain, you become liable for tax there. Up to that limit you keep your status as a non-resident.

Question 29

When do I become a tax resident in Spain?

Accepted Answer

You become a tax resident as soon as you stay more than 183 days per year in Spain, or when your main economic interests lie there. That changes how and where you pay tax, including on income from outside Spain. It is a choice with consequences, so we put you in touch with a tax adviser in advance if this becomes relevant for you.

Question 30

How do I arrange water, electricity and internet after purchase?

Accepted Answer

For an existing property the contracts are transferred into your name; for new-build they have to be applied for afresh. We or your gestor arrange this so that you do not have to call Spanish utility companies yourself.

Question 31

What is a gestor and do I need one?

Accepted Answer

A gestor is a Spanish administrative service provider who handles matters such as tax returns, utility contracts and government forms for you. For those who do not live in Spain, that takes away a lot of practical hassle. Not compulsory, but a sensible choice for most non-residents. We help you find a reliable party.

Question 32

Do I need a Spanish bank account, and how do I open one?

Accepted Answer

Everything can be done through your existing bank account since SEPA payments were introduced. That said, having a Spanish bank account often makes the transfer process smoother.

Question 33

How do I arrange maintenance and management when I am not there?

Accepted Answer

Many owners engage a local management company that keeps an eye on the property, maintains the garden and the pool and, in the case of letting, welcomes the guests. The cost depends on the level of service you want. That way you enjoy your property without maintenance at a distance becoming a worry. We put you in touch with reliable parties in your region.

Question 34

What are my rights and obligations with an owners’ association (comunidad)?

Accepted Answer

If your property has communal facilities such as a pool, garden or lift, you fall under a comunidad de propietarios. You contribute to the maintenance and have voting rights at the annual meeting. Before the purchase we check whether the comunidad is healthy and whether there are no arrears or large planned expenditures that could pass to you.

Question 35

What has to be arranged before I get the keys?

Accepted Answer

Before the transfer, the lawyer’s due diligence, the financing, the NIE and the necessary funds must be ready in the right account. At the notary, the payment, the signing of the escritura and the handover of the keys then take place in a single appointment. We safeguard that sequence, so that everything runs smoothly on the day itself.

Question 36

Which region suits me best?

Accepted Answer

Start with accessibility: can the region be reached in a single day by car, and how many flights are there in winter? Then look at the climate and the character of the surroundings, because a rural village, a lively city and a holiday resort feel completely different. Also determine how much time you want to spend there and with whom: if you emigrate with children, schools matter, while if you overwinter as a retiree, climate and care weigh more heavily. We think this through with you on the basis of your situation.

Question 37

How is healthcare arranged for foreigners?

Accepted Answer

Spanish healthcare is at a level comparable to that elsewhere in Western Europe. As a non-resident you can generally go to private clinics, which often employ good interpreters or doctors who speak your language. In certain areas international GPs and specialists are widely available. If you go to live in Spain, you can take out supplementary insurance for access to those clinics. Bear in mind that pre-existing conditions are often not fully covered.

Question 38

What are the pros and cons of new-build versus an existing property?

Accepted Answer

The biggest advantage of new-build is that it is built to current building standards, which are considerably higher than twenty years ago. You can also have the property finished to your own wishes. The disadvantage is that new-build is now more expensive than a decade or so ago, and that it is an intensive, lengthy process. With a renovation of an existing property you often get the best of both: you are finished sooner, it is more economical and you decide the quality level yourself.

Question 39

How is accessibility per region?

Accepted Answer

That varies by coast and is more important than many buyers think in advance. The Costa del Sol and the Costa Blanca have plenty of flights all year round, including in winter, while some other regions have a thinner schedule in the low season. If you want to go often and for short stays, the number of direct flights weighs heavily. We take this point into account in our regional advice.

Question 40

Can I overwinter there, and which region is mildest in winter?

Accepted Answer

Overwintering is for many of our clients precisely the main reason to buy. Winters differ by coast and even by microclimate within a region: the shelter of a mountain or a position by the sea makes a noticeable difference in temperature, wind and hours of sunshine. We know those differences by zone and match them to your wishes.

Question 41

How do I best experience a region before I buy?

Accepted Answer

Preferably visit a region in different seasons, because a place feels different in August than in January. Stay a few days as you would actually live there later — not as a tourist but with groceries, a terrace and a morning walk. We help you set up those visits so that you get an honest picture before you make a decision.

Question 42

Is there an international community, and do I actually want that or not?

Accepted Answer

In several coastal regions there is a large international community, with international shops, associations and care. For some that offers a foothold and companionship, while others are looking for a more Spanish setting. There is no right or wrong — it depends on how you want to live. We help you choose a place that fits that picture.

Question 43

What about schools if I emigrate with children?

Accepted Answer

On the coast you find international schools with English-language and sometimes other-language education, alongside the Spanish state system. Availability and waiting lists vary greatly by region, so this is a point to weigh up early. We take it into account in our regional advice if you move with children.

Question 44

How safe are the Spanish coastal regions?

Accepted Answer

The Spanish coastal regions are generally regarded as calm and safe to live in. As everywhere, it varies by neighbourhood, and that is precisely where local knowledge helps. We know the neighbourhoods in our regions and take this into account in our guidance, so that you choose a place where you feel at home.

Question 45

How does the cost of living compare?

Accepted Answer

For everyday groceries, eating out and local services, costs in many coastal regions are lower than in much of northern Europe, although the difference has narrowed in recent years. Energy and imported products, by contrast, can be comparable or more expensive. The overall picture depends strongly on your lifestyle and the region.

Question 46

How do I recognise illegal building or construction problems?

Accepted Answer

The lawyer’s investigation, in cooperation with us, may reveal that the property has been built wholly or partly illegally. We then investigate whether the selling party can have this legalised, or we advise you to walk away. Structural defects come to light during a technical survey, which we have carried out for you. If there is a problem, we renegotiate or withdraw from the purchase.

Question 47

What is the difference between a selling agent and a buyer’s agent?

Accepted Answer

A selling agent works for the seller and has an interest in the property being sold at the highest possible price. A buyer’s agent works for you, the buyer, and represents your interest alone: from selection and negotiation to the investigation of the property. That difference determines which side of the table someone sits on. We are always on your side, never on the seller’s.

Question 48

Are there risks in buying off-plan, and how do I cover them?

Accepted Answer

With new-build that has yet to be constructed, you pay in instalments before the property is finished. The law requires the developer to guarantee those deposits via a bank guarantee or insurance, so that you get your money back if the construction does not go ahead. We always check that this guarantee genuinely exists before you transfer a single euro. Without that security, we advise against signing.

Question 49

How do I know whether there are debts or seizures on the property?

Accepted Answer

That is stated in the nota simple from the property register, which lists any mortgages, seizures or other charges (cargas). In Spain, debts can be attached to the property itself, so this is a check you must never skip. Your lawyer checks this before the purchase, and we make sure it happens.

Question 50

Is it wise to buy through an intermediary who speaks your language?

Accepted Answer

Whether an intermediary necessarily has to speak your language depends on how well you command other languages. What matters more is that you work with someone who is qualified and knows the region. Buying a property on the costa is a major step, and one you had better take carefully. We see every day what good guidance means for people: many of our clients enjoy their choice with peace of mind for years.

Question 51

What happens to my property on death?

Accepted Answer

Think carefully in advance about what should happen to your assets on death, and record this in a will. Work for this with a party that has experience with Spanish inheritance law, because here too there are regional differences. Send us a message and we will refer you to the right specialist.

Question 52

Can I overpay, and how do I know whether an asking price is realistic?

Accepted Answer

An asking price on its own says little, because it is set by the seller. We test every property against comparable sales and against our knowledge of the local market, so that you know what is realistic. In case of doubt we have an independent valuation carried out. That way you negotiate on the basis of facts, not feeling.

Question 53

What is the risk with a property without a certificate of habitability (cédula de habitabilidad)?

Accepted Answer

The cédula de habitabilidad declares that a property is officially habitable, and you need it to connect utilities and to let legally. If it is missing, that can point to a deeper problem with the property’s legality. We always check this document before the purchase and find out why it is missing if that is the case.

Question 54

What if the surface area in the advert does not match the register?

Accepted Answer

It regularly happens that the stated surface area differs from what is in the property register or the catastro. That matters, because it affects the value and sometimes the legality of extensions or outbuildings. We lay the documents alongside the actual situation, so that you know exactly what you are buying.

Question 55

Why should I be careful with deposits paid directly to the seller?

Accepted Answer

A deposit should always run via a safe and verifiable route, recorded in a proper contract with clear terms. Transferring money directly and without protection puts you in a vulnerable position if something goes wrong. We make sure every payment is legally covered before it is made.

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