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.

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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 leaderTheir 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.

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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 pro­fe­sional 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.

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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 un-aware 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 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.