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How to buy a house in Spain

Contracts, notarial deeds, payment of taxes and register of property
Firmalex > How to buy a house in Spain

How to buy a house in Spain

Introductory guide

With this guide, we aim to provide an introductory overview of the most common basic concepts and processes that a person may encounter.

This guide is in no way a substitute for professional advice, as an in-depth study of different personal circumstances is required in order to provide the best and most beneficial advice.

Please do not hesitate to get in contact with us and we will be glad to provide you with the best solution for your situation.

 

Guide Index

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1. The Spanish Real Estate Context: Dynamics and Key Factors

The real estate market in Spain is cyclical and highly dynamic, with a high percentage of home ownership among residents (close to 80%). Since 2016, prices have shown constant growth, although factors such as inflation and the rise of the Euribor have influenced the recent market, leading many buyers to opt for resale housing.

The foreign buyer plays a crucial role, with non-residents often paying an average price per square meter higher than that of residents, which underscores a strong investment and second home interest.

Although the purchase decision is personal, the seasonality can influence availability and negotiation:

  • High Activity Periods: Spring and early summer usually see a peak in supply, coinciding with an increase in competition.
  • Opportunity Periods: Historically, periods with less competition, such as autumn or winter, may offer better negotiation opportunities.


2. First Steps: Define Your Search and Budget

2.1. Definition of Needs and Purpose

At Firmalex, before starting the search, we recommend establishing the requirements that the property must meet.

  • Essential Characteristics: Create a detailed list (number of rooms, square meters, nearby services, common areas, etc.).

  • Purpose: Define if it will be for habitual residence or for rent/investment. This will influence the choice of area:
    • Habitual Residence: Priority is given to quality of life, proximity to services, and daily logistics (work, schools). The location is entirely subjective to the buyer’s needs.
    • Investment (Rental): If the goal is profitability, the largest cities do not always offer the best return due to the high entry price. Cities or areas with more moderate purchase prices and high rental demand (such as Lleida, Murcia or Huelva) usually offer a higher gross return.

2.2. New Construction or Resale: A Detailed Analysis

The choice between a brand new or pre-owned home impacts the cost, taxes, and property conditions.

2.3. Establishing the Total Budget

The cost of housing goes beyond the sale price. You must have a minimum of 10% to 15% additional of the purchase price to cover the following expenses and taxes:

  • Taxes: ITP or VAT/AJD (the highest cost).
  • Notary, Registry and Management Expenses: (Approximately 1% – 2.5%).
  • Legal Fees: (1% – 2%, if you hire a lawyer).
  • Valuation Expenses (if there is a mortgage): Between 250 and 600 euros.


3. Requirements and Initial Procedures (Special Foreigners)

3.1. Key Documentation (NIE and Bank Account)

For any foreign or non-resident buyer, the requirements are simple, but mandatory:

  • NIE (Foreigner Identification Number): It is the tax identification number necessary for any financial transaction in Spain. Firmalex can help you get your NIE more easily.
  • Spanish Bank Account: Although it is not mandatory, it is highly recommended to facilitate payments and speed up procedures.


3.2. Residence Visa for Investment (Golden Visa)

Spain offers a visa program for non-EU citizens: if the real estate investment exceeds 500.000 €, the buyer can apply for a residence visa (Golden Visa).

  • Warning: It is essential to consult the most recent immigration and investment legislation, as this type of regulation is subject to review and modification by the Government.

3.3. Common Mistakes of Non-Residents

  • Tax ignorance: Not provisioning the additional amount (typically between 8-12%) to cover taxes, expenses and fees.
  • Incomplete inspection: Omit the due diligence exhaustive to verify the legality of the property and the developer (in the case of new construction).
  • Blind faith: Relying exclusively on the seller’s agent, without hiring an independent lawyer to defend the buyer’s interests.


4. The Search and Professional Advice

4.1. Search Channels and Location

Online real estate portals such as Idealista or Fotocasa are the main tool for searching. If the goal is investment for rent, the highest returns (annual gross rents between 6% and almost 9%) are usually found outside the major capitals (Madrid or Barcelona), with cities such as being more profitable Lleida, Murcia, Huelva, Santa Cruz de Tenerife or Almería.

4.2. With or Without an Agent? Advantages and Cautions

Buying without a real estate agency allows you to save the commission (which is usually paid by the seller, but may influence the final price) and negotiate directly. However, it obliges the buyer to assume all the bureaucratic and legal burden.

  • Cautions: The real estate agent usually works for the seller. It is crucial to approach with caution, avoid advance payments to intermediaries and always hire an independent professional like Firmalex for legal and financial review.

4.3. The Importance of the Collegiate Real Estate Attorney

The hiring of a real estate lawyer collegiate in Spain is not mandatory, but it is highly advisable for preventive purposes.

The cost savings of hiring a real estate lawyer such as Jens Gerl or Agustín Costa far outweighs their fees, as it prevents legal and tax problems.

The lawyer is essential for preventive investigation and analysis (Due Diligence), the review of the tax situation (charges, vices and taxes) and the verification that the purchase contracts are in order.

In addition, it is beneficial for non-residents because pcan act with a power of attorney on behalf of the buyer if he/she is not present in Spain for the procedures.


5. Due Diligence (Due Diligence) and Legal Checks (Critical Step)

Before signing any deposit or reservation contract, it is mandatory to carry out a thorough verification of the property.

5.1. Essential Documentation for Reviewing

5.2. The Physical Inspection and Hidden Defects

The personal visit is essential. In addition, the seller is responsible for the hidden defects– serious defects that were not evident in the purchase. Although the seller is responsible, the claim can be difficult, so it is recommended to commission an independent expert report (survey) to a technician (quantity surveyor or architect) before paying the deposit or signing the deposit contract. If it is not possible, the contract must include a clause that allows the buyer to withdraw without penalty if structural or serious defects are detected.

The hidden defects are defined in the article 1484 of the Civil Code such as those defects in the property that, had the buyer known about them, they would not have acquired it or would have offered a lower price.

  • Claim Period: The buyer has a legal period of six months from the delivery of the property to make a claim.
  • Process: It begins with a formal claim (certified mail) to the seller. If there is no agreement, mediation or judicial process can be used, always providing expert evidence that demonstrates that the defects existed before the purchase.


6. The Purchase Process: Times, Offer and Deed

6.1. Offer and Deposit Contract

  • Negotiation: Prices are negotiable; once the verbal offer is accepted, it must be formalized in writing.
  • Deposit Contract: When signing this contract (reservation), the buyer delivers a deposit, which is usually 10% of the purchase price. This document formalizes the commitment and establishes penalties if either party defaults. That is why the Key Clausesare important. These alloweyou to withdraw from the contract without penalty if: (a) the mortgage is not obtained, or (b) if the due diligence reveals serious legal or technical problems.

6.2. Mortgage Financing

If you need a loan, you should have discussed your needs with the bank before paying the deposit, as the appraised value may differ from the market price.

  • Necessary Savings: Mortgages rarely cover more than 80% of the purchase value. It is essential to have at least 20% of the price of the property, plus 8-12% additional to cover all associated expenses and taxes.
  • Coverage: Mortgages cover a maximum of 80% of the appraisal/purchase value of the first home (60-70% for second homes).
  • Parameters: Terms range from 5 to 30 years, with a maximum liquidation age of 75 years.
  • Debt: Your total debt should not exceed 30-35% of your income.

Mortgage Relief Mechanisms (Codes of Good Practice)

Financial institutions, often in collaboration with the Government, implement Codes of Good Practice and other mortgage relief measures in contexts of economic instability or significant variations in interest rates.

  • Objective: Mitigate the financial impact on vulnerable families.
  • Common Measures: Loan restructuring to reduce installments, change from variable to fixed mortgage, or facilitate early amortization.
  • Warning: The availability and criteria for this aid depend on the economic policy in force at the time of the request and should be consulted with the Bank of Spain and the adhered entities.

6.3. Signing the Deed and Post-Closing Steps

Steps The purchase is formalized before a Public Notary through the signing of the Sale Deed. It is the moment in which the total price is paid (by bank check) and the property is transferred with the delivery of keys.

Post-Signature Steps:

  • Registration in the Land Registry: After signing, the notary or manager processes the registration within a period of 60 days, which guarantees the legal security of the ownership.
  • Change of Ownership in the Cadastre: It is usually automatic with the notarial signature.
  • Post-Sale Taxes: Payment of ITP or VAT/AJD (buyer) and the Municipal Capital Gains (seller), within 30 days after signing.

6.4. Average Process Times

The average time from the start of the search to signing at the notary is 3 to 6 months. This period may be extended if the property requires renovations or if the mortgage processing is delayed.


7. Total Taxes and Expenses of the Purchase

The buyer is responsible for most of the expenses, which range between 8% and 12% of the purchase price.


8. Frequent Problems and Recommendations

Unknown legal charges (mortgages, liens, usufructs). It is advisable to request an updated Simple Note and review it carefully to verify owners, charges and limitations.

Appraisal value lower than the purchase price. It is recommended to carry out an independent prior appraisal before signing a deposit agreement, or negotiate the price based on the appraisal.

Hidden or miscalculated costs.  It is important to make a complete calculation of the total cost, including ITP/VAT, notary, registry, management, appraisal and possible spills.

Delays or problems in new construction homes. It is advisable to review the purchase agreement, the deadlines, the penalties and the quality report. Verify the solvency of the promoter.

Hidden defects in second-hand homes. RWe recommend carrying out a professional technical inspection (architect or technician) before closing the purchase and document any defects.

Difficulties in obtaining financing. It is interesting to ccompare mortgage offers in several banks, improve financial documentation and review conditions such as ties and commissions.

Ambiguous contractual clauses or penalties. It is important to draft and review the deposit contractcarefully, including clear conditions (especially on financing).

Unexpected problems in the area or neighborhood. We always recommend analyzing the environment at different times, review transportation, noise, services, shops and security.

Hasty decisions due to commercial pressure. TAlso it is important to take the necessary time, do not hand over money without a contract and review carefully all documentation before committing.


9. Comprehensive Conclusion

Buying a home in Spain is a process that combines opportunities and challenges, especially in a dynamic market, influenced by economic, fiscal, and urban factors. The key to a safe and efficient purchase lies in planning, accurate information and diligence in each step. From clearly defining needs and budget to conducting thorough due diligence, each phase requires attention and rigor.

The choice between new construction and resale housing, the management of procedures such as the NIE or the mortgage, and the legal review by qualified professionals are decisions that directly influence the success of the operation. Likewise, understanding the tax burden, correctly analyzing the area, and anticipating possible problems—such as hidden defects, registration charges, or urban discrepancies—allows avoiding costly risks for both residents and foreign buyers.

In an environment where competition can vary depending on seasonality and where financing largely depends on solvency and appraisal, the informed buyer acquires a significant advantage. Having adequate advice, taking the necessary time, and reviewing each document with precision not only offers peace of mind but also a solid foundation to protect the investment in the long term.

In short, buying a home in Spain is not just a financial operation: it is a strategic decision that affects assets and quality of life. With adequate preparation, rigorous analysis, and the support of competent professionals like those at Firmalex, the process becomes safer, more transparent, and success-oriented.


10. Bibliographic References (Articles from www.firmalex.com)

The information in this guide has been synthesized and integrated from the following articles published by Firmalex:


11. FIRMALEX Contact

FIRMALEX is your trusted consultancy in Dénia and Valencia. We offer a comprehensive professional service and a Comprehensive Real Estate Advice for the sale and purchase of real estate in Spanish territory.

Our staff speaks perfectly Spanish, Valencian, English and German, which allows you to communicate with us in your own language and resolve your queries clearly.

Offices:

  • Dénia: Plaza del Convento, 6 – Mezzanine floor, door B
  • Valencia: Calle Creu Roja, 1 – Bloque 6, planta 1, pta. 10 (by appointment only)

Contact:

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