Conveyancing

Conveyancing


PROFESSIONAL PROPERTY SERVICES

Our aim is to make conveyancing as easy and straight forward as possible. Providing our clients with a comprehensive and secure service, keeping them informed every step of the way. We offer friendly and professional advice in your language, meeting the requirements for a smooth, stress-free completion for the purchase or sale of your property in Spain.

We consider that having a signed contract for the sale or purchase of your property is essential.

To begin with, it may seem obvious, but the contract must be dated correctly. Then, the full details of both parties must be included specifying who is the vendor and who is the purchaser.

As well as the address, the contract must include the registry details for the property along with the catastral reference number for identification. Please make sure you check the details with your legal representative.

Very importantly, it must state the price agreed between both parties for the sale/purchase of the property and an estimated completion date.

We always recommend that the agreed deposit is made on the same day that the contract is signed, or at least in that same week. This way the transaction is confirmed and we can continue with the conveyancing procedure.

Any second payments before completion should also be included to the contract.

To avoid any future problems or conflictions we would recommend including an inventory which will also be signed by both parties.

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An NIE (Numero Identidad Extranjeros) is a Spanish tax identification number assigned by the National Police to all foreigners with fiscal obligations. It is a legal requirement prior to working in Spain, opening a bank account, purchasing a property, obtaining a mortgage, etc.

It is a very important step forward, so being your representatives in Spain, this is one of the first things that we have to take care of.

The procedure to apply for your NIE without speaking the language can be difficult and stressful. To begin with, it is very important that we have all the documents and information required by the authorities, as well as filling out the complex application forms and paying the government fees. We can either accompany you to the appointment or we can apply for your NIE number on your behalf using Power of Attorney as your legal representatives.

The NIE document itself is issued on a stand­ard A4 page, with the recipient’s full name, their place of birth, their nationality, and the number itself, along with a stamp and signature provided by the National Police.

When purchasing a property in Spain, one of the first steps is opening a Spanish bank account. All the purchase funds must be clear in your Spanish account before completion.

We believe that Sabadell Solbank can provide our clients with the best service as well as having reduced most bank fees.

We can offer you the facility of meeting the bank manager in the comfort of our office, although we recommend visiting the branch in person for your personal reference. If required, we can also arrange your mortgage.

If you are selling your property and you have an outstanding mortgage we will take care organizing with the bank for the balance to be paid off on completion and legalized at the Notary/Registry.

If you own property in Spain it is advisable that you have a Spanish Will. This will avoid a lot of cost and complication upon your death.

If you have already signed a Will in your country, the process of having this recognized in Spain can be expensive as the documents need to be officially translated and apostilled. This also creates delays in the inheritance procedure which could even result that the Will is not accepted in Spain.

In our opinion, it is always better to deal with your Spanish assets in a Spanish will.

The signing of your Spanish Will has to be done in front of the Notary. Once we have all the necessary information, we take care of the preparation of the document and organizing an appointment with the Notary. We also provide you with a copy of your Will in English and Spanish.

Writing a Spanish will can be the best way to ensure that your Spanish assets are dealt with according to your wishes.

A Power of Attorney is a public document that has to be signed in front of a Notary. This will allow us to act on your behalf at the Notary, bank and other authorities. We prefer to include as much as possible with this document so we are covered with further aspects that could arise in the future, should you need our assistance.

We can prepare this document to be signed in Spain or your country.

If the document is signed outside of Spain, we will make sure it is in both languages so it saves you the cost of translating the document at a later stage.

Before sending the original document to us in Spain, it will need to be legalized with an Apostille stamp. The Notary will be able to assist you with this if required. You can find out more information at https://www.gov.uk/get-document-legalised

We collaborate with various leading insurance companies in Spain to make sure we find the best deal for our clients.

Before completion we will have the best quote ready for you so once you accept we can make sure you are covered from day 1.

Providing insurance solutions to protect yourselves, your families and your belongings.

We are now collaborating with Securitas Direct as we believe that they give the best service we can offer our clients.

We understand the importance of protecting your home and your family, break-ins and robberies can be avoided! An alarm is the answer; this is something that we strongly recommend.

Securitas Direct are one of the main multinational companies in the private security industry and a market leader. Their latest technology security will keep your mind at rest throughout the year, whether you are protecting your permanent residence or your holiday home.

By contracting your alarm system with Securitas Direct via Spanish Property Finders you will be give the best customer service, special offers and significant installation discounts!

We can even arrange for a meeting at our office with a Securitas Direct consultant to explain further in detail and negotiate the best deal for you.

Con­tact us before it´s too late.

Our services also include Translation (official and non-official legal translations) and Interpretation (spoken language translation) between English and Spanish.

We can offer you official or non-official translations and we also provide interpreters if required – just let us know what you need and we help you find a solution that matches your requirements– from over the phone interpreting to face-to-face meetings.

Official translations are mandatory when a legal document from outside of Spain is required for any official document at the Notary. This certification involves preparing an official signed declaration and rubber stamp or embossing each page of the document with a professional seal. This ensures the guarantee of quality due to the skills and experience, as an official translator is certified by an official governing body.

This non-resident tax issue can be confusing. Why should owning a holiday home entail paying income tax? There is no equivalent in the UK, and no one from the tax office informs non-residents of their obligation to pay the tax and submit the form. In fact, a lot of holiday home owners are oblivious to the requirement or think they have already paid.

This is be­cause they have paid local property taxes: Impuestos sobre Bienes Inmuebles (“IBI”). But IBI is another tax that has to be paid by all property owners, residents and non-residents alike.

So if you are a typical holiday home owner, the question to ask yourself is have I paid both my local (IBI) taxes to the town hall and my tax to the national government (Form 210)?

Another thing to keep in mind is tax for rental income. Are you Non-Resident in Spain and earning an income from renting your property?

Did you know that you should be declaring and paying tax on that rental income on a quarterly basis?

A new legislation has come into order for your rental agents, they are obliged to inform the authorities that the property is being rented and of the tenants details. This means that the Tax Office will be able to trace any Non-Residents that aren’t declaring and paying tax on their rental income.

We offer a fiscal contract to take care of the preparation of your annual or quarterly non-Residents taxes.

Come and see us for more information.

It is very important to check the property for possible debts, outstanding mortgages and embargos. We assure that our clients are buying the property debt free. Everything is checked and cleared in time before completion and if not, the funds are retained on behalf of the vendor to clear any existing debt. Whether it being with utility companies, local authorities or Land Registry.

You may have heard about the new law that has come into force recently regarding Energy Certificates.

This type of certificate is drawn up and registered by an architect that has to take certain measurements and collect information to describe how energy efficient the property is. It assigns an energy rating on a scale which ranges from “A” to “G”.

It is the vendor’s liability to produce this certificate when selling their property to the new owners before completion.

The certificate is valid for 10 years. This means owners will not have to obtain a new certificate during this period unless they renovate or change the property in any way.

Recently there has been a huge uproar regarding Habitation Certificates (Cedulas de Habitabilidad), or also known as Occupation License (Licencia de ocupacción)

By law, it is the vendor´s responsibility to provide a valid Habitation Certificate. Most certificates are valid for 5 years, depending on the town.

The first step is to arrange for an architect to visit the property to collect the information and measurements. This certificate will have to be submitted to the Town Hall along with copy of your ID, utility bills, SUMA and a copy of the deeds.

Once the documentation has been checked and approved they will stamp the application form, now known as “Declaracion Responsible” which is valid as an actual certificate.

There are a lot of aspects that the Town hall take in to consideration and obtaining this certificate is not always as easy as it seems. The authorities have become very strict.

If you are planning to sell your house please make sure paperwork is being taken care of to avoid delays on completion.

When you are buying a new build property the certificate that you will receive from the builder should be valid for 10 years instead of 5 years.

We have professional contacts with different Banks in order to provide you with the best option. We will assist you to get the documentation in place and we will negotiate the right interest rate, depending on what monthly payment most suits you. Everything will be followed up until completion date, supervising your mortgage procedure and keeping you updated from start to finish.

In the case of purchasing a property that already has an outstanding mortgage, we will arrange for the mortgage cancellation to be signed in front of the Notary, generally on the same day as completion, if not before.

We always check with the utility companies to make sure all payments are up to date and the supply is connected without any problems. This includes water, electric and gas.

Calculations are made for any possible debt for unpaid bills left by the vendor and retained so everything can be paid off and clean for the new owners.

We also take care of informing the companies of the new ownership of the property, therefore changing the contracts into the new owner’s name and setting up a direct debit for the payments.

Water is usually charged every three months. Electric is usually charged every two months, sometimes monthly.

We also inform the community administrators of the new ownership so they can also update their system and arrange the new direct debit for community payments.

If we were to represent you for the sale of you property, after completion we will contact each company separately to make sure the direct debits are cancelled so your account will no longer be charged.

We can also assist you paying an existing debt and arranging to reconnect the supply. It is always recommended to keep a minimum amount of funds in your Spanish bank so you can avoid debt to build up that can lead to disconnected supplies.

Whether you are purchasing or selling your property in Spain we can take care of all aspects.

Last minute unexpected costs are the last thing you want!

From day one we can provide you with an estimated breakdown of costs to be sure you understand each requirement and legal obligation for your purchase/sale.

Once a completion date has been set and final figures have been calculated we can then prepare a final breakdown of costs explaining each concept and amount. Providing you with a smooth completion free of costly surprises.

On a daily basis we are preparing notary documents of which we then translate when signing at the Notary with our clients. These documents include:

  • Compraventa de bienes inmuebles – Purchase/sale property deeds
  • Declaraciones de obra nueva – Final building act
  • Extinciones de condominio – Extinction of common estates
  • Donaciones – Donations
  • Testamentos – Wills
  • Poderes – Power of Attorney

The translation of these documents is included in our services, as well as taking you to the Notary from our office so you don´t have to worry about finding the Notary location or parking.

If these documents require certain legal certifications from an­other country, first they will need to be legalised with the Apostille stamp (You can find out more information at https://www.gov.uk/get-document-legalised) then they will need to be officially translated.

When purchasing or selling a property there are various taxes involved that you could be unaware of.

We will take care of your property conveyancing as well as all the related taxes, whether it being a tax payment or a tax retention.

Contact us today to find out more about taxes related to the sale or purchase of your property.

We have professional connections to several Banks in order to give the best service to our clients. Opening a bank account is one of the first steps required when purchasing a property in Spain, as well as applying for your NIE. You can choose the bank that suits you the most, but we can recommend SABADELL SOL­BANK as it is one of the biggest banks with the most reduced fees, having different branches in almost every city and town.

We can offer you the facility of meeting the bank manager in the comfort of our office, although we recommend visiting the branch in person for your personal reference.

Regarding money transfers, we co­operate with the currency exchange company Currencies Direct who has never failed to offer our clients a great service. Specializing in international transfers; online transfers, telephone transfers, safety of funds and security, and more.

Why do we recommend to send funds through Currencies Direct? Because it gives us the power of offering the following to our clients:

  • Highly competitive live Exchange rates
  • The ability to move money, pay people or settle bills within seconds.
  • Manage your account and make transfers 24/7.
  • Track payments and Access your complete transaction history.

We will pass your information on to Currencies Direct for them to contact you and explain the procedure. This way you will receive additional advantages!

If you are residing in Spain more than 180 days a year as well as applying for your “Residencia” you should also be changing your English driving license to a Spanish license. Before applying for the change at “Trafico” you will need to pass a few medical tests. We will assist you each step of the way. If the police catch on that you are resident in Spain and still have a UK driving license, you will receive a fine.

Just bought a vehicle in Spain? As we are sure you have realized, the vehicle now needs to be changed into your name at “Trafico” as well as “SUMA” (road tax). Please contact us for a quotation. We can also prepare the purchase/sale contract for the vehicle which is very important.

Thinking of bringing a car over from the UK? There are various requirements you need to take into account to change the registration plates of your vehicle to Spanish. Do not hesitate to contact to us for fur­ther information on the procedure, we will take care of each step, aiming to keep things easy and straight forward for you.