If the sellers do not anticipate being personally present in Spain for the legal sale process, then it will be necessary for a Power of Attorney (containing the necessary legal powers to sell and carry out associated administrative tasks) to be signed in favour of the appointed representative/ legal adviser. Apportionment between seller and buyer needs to be addressed following completion of the sale. Receipts for the most recent payments of property outgoings (principally electricity/ water and if applicable, gas) will be required, together with the latest contractual terms of supply- in the absence of copies, these can be obtained from the local offices of the services supply companies. The most recent statement/ receipt of Community charges will be needed and before signing the sale and purchase deed (‘escritura de compraventa’) before the Notary, a Certificate by the Community Administrator confirming that there are no arrears of Community charges will be required.Ĭapital Gains Tax liability will need to be considered and also for non-Spanish resident sellers, a tax retention of 3% of the sale price is made on completion and fairly stringent conditions apply to reclaims, even in the event of a sale at nil gain. ![]() A summary of Community charges over recent years will be needed and also details of any forthcoming charges, which have already been notified. For any missing documentation, official copies- or confirmation of legal compliance- can be obtained from the planning (‘urbanismo’) department of the Town Hall.įull details of the Community Administrator should be available, together with a copy of the Community statutes and (if possible) copies of the minutes of recent Community meetings. Such evidence as is available from the time of acquisition of the property will be required, to prove compliance with planning legislation and permission for the legal occupation of the property. Missing information can be obtained from the ‘Catastro’- rates department of the Town Hall. Reference numbers can usually be found on the receipts for rates (IBI/ SUMA) sent out by the local Town Hall (‘Ayuntamiento’) or the paying bank. The rates details for the property will be needed, together with proof that there are no rates arrears. Competition in the market now for this service means that it is generally a fairly quick and economical exercise. ![]() ![]() In order to market a Spanish property for sale, owners are legally required to obtain an up to date Energy Performance Certificate. So, it is always best as early as possible to be aware of any such issues and to ensure that they are correctly addressed. The title rectification process can be fairly lengthy- usually with architects’ certificates and retrospective Town Discrepancies can otherwise seriously impact on achievable value. To see correct property description in the title. Banks (for buyers’ mortgages) and well advised buyers generally will wish So, it is often necessary to get the title updated prior to a sale. In many cases, there areĭiscrepancies between the official Spanish property title and the position ‘on the ground’. The Registered Title details can be extracted from the Title Deed and an up to date copy of the Registered Title should be obtained from the Property Registry. The original Title Deed (‘escritura’) will be needed- or if it cannot be located, then an official copy should be obtained from the Notary’s. The following is a brief summary of the principal ‘paperwork’ and logistical items to attend to,īefore putting a property on the market for sale. ![]() Furthermore, any contractual commitment entered into must be of a conditional nature- completion of the sale being subject to prior completion of the inheritance. But obviously, the legal position must be made clear to any interested parties. There is no problem therefore (in order to get ‘the ball rolling’), in marketing a Spanish propertyįor sale before completion of an inheritance case. In many areas of Spain (even in an active market), the process of selling a property can be fairly The seller or sellers must be alive have legal capacity demonstrated in the personal attendance at the Notary’s on completion of the sale, or be validly represented under Power of Attorney. In order to complete a Spanish property sale following the death of an owner (or co-owner), the succession process must be completed first. In many cases, whether spouse-to-spouse inheritance or passing down the family line, beneficiaries wish quickly to sell inherited Spanish properties.
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