REAL ESTATE
At Spania Legal, we provide legal advisory services in the area of purchasing and sales, supporting you through the process and ensuring security and efficiency.
Our lawyers adapt according to the needs of clients, buyers or sellers, offering the best option to meet individual requirements.
BUYER:
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Legal Due Diligence
We conduct all necessary checks regarding the legal status of the property and the seller or developer. You will be fully informed of any legal or practical issues that could affect your decision to purchase or the conditions of the sale. -
Negotiation with the Seller
We liaise with the seller and/or their legal representative to agree upon the general terms and conditions of the sale, ensuring compliance with applicable legislation. In cases where the seller is a non-resident of Spain, we ensure that the required withholding (such as the 3% non-resident tax) is securely managed through a Spanish resident party, preferably the seller’s solicitor. -
Preparation for Notarial Completion
We prepare for completion at the notary’s office, including the drafting of a power of attorney if you cannot be present in person. This document will be properly legalized and translated, authorizing a representative to act on your behalf. -
Post-Completion and Registration
We assist with finalizing the transaction and ensure that the title deed is correctly registered at the local Land Registry (Registro de la Propiedad). We guarantee that the property is free from debts, charges, tenants, or any encumbrances. We also take care of the payment and filing of all relevant taxes related to the purchase. -
Mortgage Assistance
We help you locate, negotiate, and obtain a mortgage to finance your property purchase, working with trusted financial institutions. -
Obtaining the NIE Number
Assistance in obtaining the Número de Identificación de Extranjero (NIE), a mandatory identification number for foreigners in Spain. -
Habitability Certificate
We apply for the Certificado de Habitabilidad (Habitability Certificate), a document that verifies the property complies with building regulations and is deemed suitable for habitation. -
Utilities Connection
We arrange the setup of utility contracts for water, electricity, and gas. This includes setting up direct debit orders with a bank of your choice.
In accordance with Spanish Law on Non-Resident Income Tax (2004), any non-resident who owns property in Spain must file a tax declaration of deemed income by December 31st of the year following the purchase, and annually thereafter. We can act as your fiscal representative to ensure proper and timely compliance.
SELLER:
- Review, draft and negotiate contracts with real estate agencies or third parties interested in acquiring property.
- Request and preparation of the necessary documents for signing, such as Certificate of Energy Efficiency and documents related to supplies and taxes.
- Accompanying the client or appearing on their behalf through power of attorney at the signing of the public deed before the notary.
- Fiscal and tax advice related to the operation.