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The legal system in Catalunya |
The Spanish property law system in
Catalunya is based on a title registration system and Legal Officers
approved by the State and known as 'Notarios'.
This makes buying easy, safe and much quicker than in the United Kingdom.
When you have found the property you wish to buy, we will help you to reach
agreement on price, and to agree a date for completion to take place to suit
both seller and buyer. Depending on the time required before completion, you
may be asked to pay a deposit usually of 10% and at the same time to sign a
simple contract which protects both parties, but you need to be aware that
there is no equivalent of the 'subject to contract' system here in Spain.
Deposits are non returnable if you change your mind. Where an early
completion is agreed, many sales proceed by way of an informal initial
agreement and progress direct to completion.
It is possible for the transfer to take place at the office of a Notary in
London, but we recommend that you arrange to be in Catalunya for completion,
where we can arrange to use an English speaking Notary, so that any
last minute hitches can be simply cleared. The Notario will have
confirmed that the title is valid and that there are no outstanding charges
against the property, and on payment of the balance of the price, ownership
will be transferred to you.
You will receive a copy of the Escritura, the deed of transfer drawn up by
the Notario, and you will be asked to pay an estimate of the taxes and costs
due on the purchase. All of this will be done at one simple meeting, and at
the end, on the same day, you will have full rights, and where applicable,
the keys!
A few months later, after registration of title with the various Taxing
and Registration Authorities, you will be able to collect the formal
Escritura from the Notario, and to receive or pay any balance of taxes and
fees due. |
Information and Representation |
During the buying process, when you
are close to making your choice, we will be able to show you the official
registration plan and usually a copy of the Escritura of the seller, which
will detail any shared or common rights applying to the property. The
Notario, being a State Official, represents the interests of both parties,
and normally the seller does not employ a separate lawyer, so it is not
normally thought necessary for the buyer to employ a separate legal
representative. If ownership of the property is complicated, or there are
any matters on which you are unclear, then if you wish, you may of course
consult an 'Abogado' for advice, naturally at your cost. Buyers have been
pleased with the help and advice given by the firm whose link appears here
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Preparing for Purchase |
Because the system is quick and easy,
it is necessary to make some preparations before finally agreeing to buy.
Firstly, you will need to open a Bank Account in Spain. Many Banks are
represented in the towns in the area, and it is a simple matter to open a
'cuenta corriente'. Just go along to one of the bank branches convenient to
your area of purchase with Passport and an initial deposit. We will be
pleased to introduce you to a local Bank which we find very helpful, and
where all the staff have some English, the senior staff excellent English.
The simplest way to provide funds for purchase is then to arrange a
telegraphic transfer from your home country Bank account to the Spanish
account. At the time of completion, you will be asked for a Bank Cheque for
the amount stated in the Escritura (see below), and usually to pay the
balance in cash. The Notario will also ask for the payment of estimated
costs and taxes in cash.Recently, the Registration and
Taxation Authorities have tightened the system for identification of buyers,
and where previously, purchase could be done just with a British Passport,
it is now necessary to have an NIE (number for identification of
Foreigners). This involves a little work and payment of a small fee, and
we suggest that on an early visit, you put this in hand, as there is sometimes a wait
before getting the number issued. We can provide the forms and guidance on completion, and you then take the necessary copies of
the form, copies of Passports, and yourself to the Tortosa office of the
National Police force at the required time, where they process the application,
and in due course issue the number. |
Costs and Taxes |
The purchase of property in Spain is
subject to the imposition of a purchase tax payable by the purchaser. The
rate is usually 8% but on the declared value of the purchase, which may be
less than the agreed price. This is customary in Spain. The declared value
will depend on the circumstances in each purchase, and we can guide you on
this matter. As a rule of thumb, allow 10% of the agreed price to cover Tax
and Notario and registration fees and you will then be sure to have some of
that provision in hand after purchase. |
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