PALLISER ADVOCATS

REAL ESTATE LAWYERS

Purchase procedure

If you are a non-resident in Spain, the process, and by way of mere enunciation, could go through the phases described below. In any case, the relationship between our office and the client will condition the services provided​

  1. Previous contact with you, intermediary agent (according to the case) and representative of the selling party.

  2. The purchase negotiations begin, where the same purchase is conditioned to a previous study on the legal and urbanistic legality of the property.

  3. Tax advice on the purchase.

  4. We draft the deposit contract conditioned and to double column (language), proceeding to close its content with the selling part.

  5. The contractual document it is sent to the parties for its digital signature.

  6. Once signed, the granting of notarial powers in our favor is organized, depending on your needs. For example, if you do not have to come to Spain before the purchase, we will manage the power so that you can grant the corresponding power before a notary in your country, with the corresponding Haya Apostille.

  7. It is studied the registration situation of the property.

  8. It is studied the cadastral situation of the property.

  9. It is offered to the buyer the possibility of carrying out a technical study on the structural situation (superior or technical architect) or facilities (engineer).

  10. We obtain or manage the obtaining of the Foreigner Identification Number, necessary to grant the public purchase deed.

  11. Depending on whether the selling party is non-resident in Spain, the mandatory withholding to be registered with the Tax Administration is organized, registering it before the same.

  12. We proceed, according to the case, to the opening of a Spanish bank account.

  13. The necessary transfers are organized for the purpose of preparing the payment of the purchase price, provisions of funds and taxes payments.

  14. We obtain and check the legally required documents that must be provided at the time of the sale (certificate of energy efficiency, certificate of being current with the community of owners, etc).

  15. The notarial fee is drafted and the signature of the public purchase deed is organized. Depending if you are going to come to Spain to sign or not, we request for the translation of the same or the granting before a bilingual notary.

  16. The payment of the purchase price, provisions of funds, tax withholdings, etc. is organized with the banking entity.

  17. We proceed to the signature in person or in the client’s name by power of attorney.

  18. Once the purchase has been signed, we proceed to fill in and settled the property transmision tax (ITP-ADJ).

  19. Payment of the notarial fee.

  20. Filling in and settlement, according to the case, the tax model relating to withholding for the purchase of a property from a non-resident person.

  21. Presentation of the liquidated public purchase deed before the Land Registry.

  22. Start of the necessary procedures for the ownership shift of the supplies with which the acquired property counts.

  23. Communication to the local administration, where appropriate, of the direct debit of the receipts that are accrued by taxes and local taxes.

  24. Communication, according to the case, to the community of owners about the owner shift.

  25. Ownership shift on the tourist authorizations that may exist on the acquired property.