Buyer's guide

Buying a property in Spain is quite a precise process, and Iturbe Properties focuses in providing the best service and assistance to our buying clients from the beginning, until the process is successfully finalized.

Either if you are looking for the home of your dreams, or for a profitable investment, we always understand your wishes and adapt to your needs.

We have access to all the properties available in the market, and will also introduce you to the most reliable and independent legal advice, to make sure the process is easy going and that you enjoy this buying experience.

You can count with our excellent product, area knowledge and ample experience.

The first step: CHOOSING A PROPERTY

Although housing websites are the most common way to start looking for a property, the best option, even while still looking at properties on the Internet, is to choose a real estate agency with experience that has a broad portfolio of homes fitting your criteria.

We understand your needs

We place at your disposal our long experience and area knowledge, and will also provide you with a selection of all the properties in the market. Our offer is unlimited as we collaborate with all the real estate agencies on the Costa del Sol.

We can provide you with all the properties available in the market

And at Iturbe Properties we guarantee absolute dedication: tell us your needs and we will apply our market knowledge to find the perfect property for you. We do also count with the information of the last sales in each area, and will negotiate the best price and conditions for you.

We negotiate the best conditions for you

guidance throughout the whole PURCHASE process

Although you might be assisted by external lawyers and advisors, ITURBE PROPERTIES will always accompany and guide you throughout the whole purchase process, to make sure everything is moving forward as smooth and satisfactorily as possible.

1.- PURCHASE OFFER AND RESERVATION DOCUMENT

After selecting the desired property, the purchase process starts.

The first step is to prepare a Reservation Document in which an offer is presented to the seller, detailing the price and time frame to formalize the transaction. This document should include the obligation of the vendor to take the property out of the market, and we always recommend to subject the reservation amount to the positive result of the legal searches.

The Reservation Document also involves the payment of a reservation amount (usually € 6,000), that is deposited into the client´s bank account of a law firm or the buyer´s real estate agency. This amount will be deducted from the purchase price if the offer is accepted by the seller and, if not, it will be fully refunded to the buyer.

LEGAL SEARCHES

Once the offer is accepted by the seller, the property is automatically withdrawn from sale and the “due diligence” process starts. Iturbe Properties always checks and verifies that all the properties offered to the clients are legally suitable for the sale, but it is highly recommendable to engage the services of a lawyer to analyse all the aspects in detail and confirm that there are no legal contingencies.

We will be happy to introduce you to any of the many good and prestigious law firms in Marbella, or you can always count with the advice of our legal department and collaborators, that will represent you independently and will also provide you with a complete legal report that also includes all the relevant information of the different aspects of the property and the ownership, such as:

• Charges and Expenses.
• Good Title of the seller.
• Land Registry information.
• No legal proceeding against the property.
• First Occupation License and urbanistic situation.
• Cadastral information and tax value.
• Community of Owners fees.
• IBI Tax and Rubbish collection.
• Energy Efficiency Certificate.
• Supplies.
• Breakdown of the costs and expenses involved in the acquisition.

2.- PRIVATE CONTRACT

The following step, after the signature of the Reservation Document and the finalization of the due diligence, is the formalisation of a Private Purchase Contract between the buyer and the seller. This contract establishes the essential terms and conditions of the transaction and fixes the limit date for completion, usually 30 to 45 days from the signing of the private contract.

This agreement binds the parties and involves the payment of an amount on account of the price (which is usually 10% of the price) that will be deducted upon completion. It does also include the legal description of the property, the purchase price, the paying method, limit date for completion, charges of the acquisition...

3.- TITLE DEED BEFORE THE NOTARY

The purchase is finally formalised by executing the Sale and Purchase Title Deed before a Notary Public in favour of the buyer, who shall pay the rest of the price and simultaneously receive the keys of the property, delivered free of charges and encumbrances.

And the process concludes with the registration of the new ownership in the name of the buyer in the Land Registry.

other requirements

There are other aspects to consider when buying a property in Spain, and two of the most relevant requirements are:

NIE number. The NIE number is the non-resident identification number in Spain, and it is mandatory to provide the buyer´s NIE number to the Notary upon completion. Iturbe Properties happily provides this service to all of the clients.
Spanish bank account. It is necessary to count with a Spanish bank account after completion, to direct debit the expenses corresponding to IBI Tax and Rubbish Collection, Community of Owner´s quotes, and supplies. We will be happy to introduce you to any of the Spanish banks you might find of your interest.
POA. It is always a good option to grant a Power of Attorney in favour of your lawyers, so they can act in your behalf and apply for the NIE number, finalize the opening of a bank account, formalize the documents and contracts in your name, pay the taxes, direct debit the expenses of the property and register the Title Deed.

COSTS INVOLVED IN THE ACQUISITION

The total costs and expenses when buying a property in Spain will vary if you are acquiring a resale property (10-11% of the price) or a brand new property (12%).

TAXES

The buyer of a property in Spain should pay either Transfer Tax (calculated on a scale of 8%-9% or 10%, depending on the price) for resales, or VAT (10% of the price) and Stamp Duty (1,5% of the price) for new properties.

NOTARY AND LAND REGISTRY FEES

Regarding the costs and expenses of the transaction, the buyer usually pays the Notary and Land Registry fees (the price varies depending on the price of the property and the number of pages or complexity of the Deed) and the seller pays for the Plusvalía Tax (increase of the value of the land).

PROPERTY EXPENSES

The Community of Owners fees, the IBI tax and the Rubbish collection are commonly apportioned between the parties upon completion, attending to the days of the ownership of the property. These charges should be paid by the new owner after completion, and we highly recommend to contract a Home Insurance Policy.

LEGAL FEES

Each party should pay for their own legal advice. The legal fees usually ascend to 1% of the purchase price.

Finally, we do also highly recommend our clients to engage the services of a qualified tax advisor to deal with the tax matters in Spain. Bear in mind that owners of a property in Spain will be subject to Non-resident Income Tax on a yearly basis, and might also attend other tax returns such as the quarterly VAT returns if the property is rented out. We would happily introduce you to a selection of Tax Advisors if you find it of your interest.