We are more than happy to offer you legal advice and protect your rights in your purchase process in any way we can. We are an independent law firm and we have no links with real estate promotions, and our only interest is to ensure that the non-resident property buyers who hire our services are guaranteed a legal purchase, and that the rights of our clients concerning the property in question are thoroughly protected.
We are also happy to offer complementary services related to clients who are unfamiliar with Spanish bureaucracy and need a little help in sorting out things which do not necessarily require legal expertise, but rather knowledge of the Spanish system.
At Fernández Cuevas Lawyers we will take care of all your conveyancing needs.
Once we have been instructed to look after your purchase for you, we will carry out the following procedures:
- We will carry out searches at the Land Registry, Town Hall, Real Estate Registry (Catastro), Tax office and other public offices. When appropriate, we also check to see that the property, when built, had the necessary licenses and permissions.
- We will ensure the property is indeed in the vendor’s name, verify its status at Land Registry, making sure it is free of mortgages, rights of way, charges or encumbrances which adversely affect it.
- We will prepare the private sale contract or check the terms of the contract suggested by the person selling the property to ensure that it is fair and reasonable.
- We will verify that any outstanding debts to the Community of Proprietors have been paid and that property is free of any such debts.
- We will prepare the public Deed of Sale and Notary order.
- The person buying the property may attend in person before the Notary to sign the Deed, but if this is inconvenient, arrangements can be made for a Power of Attorney to be granted enabling us or another person to attend on their behalf.
- We will ensure that the title to the property is transferred into your name, for any fees and taxes to be paid and for the title to be registered with the Land Registry.
Essentially, all you need to conclude the sale, to be confident that the purchase is legal and to start enjoying your new home in Spain.
- We can, if you wish, make arrangements for a survey on the property.
- We can also assist with the following administrative procedures:
- Applying and obtaining a N.I.E. (foreigner’s identification number) a Certificate of non-residence and where necessary a Residence permit.
- Upon request the following additional services are available to our clients:
- Sorting out any irregularities such as the non-existence of Title Deeds for the property, it not being included at Land Registry, the cancellation of mortgage repayments, problems arising from inheritance or divorce settlements, irregularities in Town Planning procedures.
The costs involved in the purchase normally come to about 10% of the price of the property.
- 1. A fee is paid to the Notary for the preparation of the Escritura.
- 2. A fee is payable to the Land Registry for the registration of your title.
- 3. Plusvalía- municipal capital gains tax – has to be paid on the transfer of a property. It is usually paid by the seller.
- 4. A transfer tax or VAT and Stamp Duty.
We would recommend you review your English Will and make a separate Spanish Will.
If you spend less than 183 days a year in Spain then you are generally speaking classed as a non-resident and you must:
- 1. Name a fiscal representative in Spain
- 2. Pay your local rates
- 3. Make a declaration of all your capital assets in Spain, and when appropriate, pay wealth tax on them.
- 4. Make a Spanish income tax declaration and pay income tax on any income deriving from your activities in Spain.
- 5. You must pay your electricity, water and other bills. It is usual to do this by arranging for your bank to pay the bills by direct debit.
We can also offer advice, administration and management of any construction or refurbishing work to be done, mainly on villas and country properties.
- 1. Drawing up a contract with the architect and construction company, previously chosen by the client. This enables us to be objective in our involvement during the works.
- 2. A continuous flow of information, be it via the webpage, telephonically to all our clients. In this manner they can be fully aware at all times of the progress of the work being undertaken.
- 3. Part-payment for work done. Upon receipt of the relevant documentation from the architect, we can represent our client at the end of each work phase to pay amounts due.
- 4. We provide legal defence in the case of breach of contract by either architect or construction company.
- 5. We also provide defence in the case of hidden defects in construction.
- 6. Administration of all legal aspects of the work in hand, including the Building Licence, Certification that a building is inhabitable, first occupiers licence, preparation of Title Deeds for the registration of a new building, settlement of taxes, registration with the Real Estate Registry, inclusion at Land Registry, activation of water and electricity supplies.
- 7. To summarise – all supervisory, administrative and management functions which ensure all construction work carried out be to the entire satisfaction of our clients.
If you would like to obtain more information about our legal services and our competitive fee quotation, please, do not hesitate to contact us without any obligation.