LEGAL & TAX
Buying a residential property in Spain can be a daunting process, no matter what the property law transaction. We pride ourselves on making your transaction run as smoothly and as stress free as possible.
We believe that the personal service is the best service. You should be able to speak to your Sirejacob Legal & tax advisor each time you contact us so that any questions you have can be answered straight away.
Sirejacob Legal & tax offer clients a comprehensive service in everything required for the purchase or sale of a property.
- We negotiate, amend and finalise the terms and conditions of the purchase contract.
- Conduct a land registry search to ascertain the official owner, the description of the property; whether the building is registered and whether there are any charges attached to the property, such as a mortgage, easements or positive/negative covenants.
- Search at the local council planning department to discover whether the building itself has a building license/permit. Ascertain whether the described property surface area at the land registry is covered (or is in accordance) with the local council license/permit. Search at the habitation department to see if the property has a certificate of habitation.
- Search at the cadastral registry to confirm the cadastral value.
- In case of urban apartment, confirm any communal obligations and also ensure that the seller has an updated record of community charges.
- Verify whether or not all General and Local taxes have been paid up to date.
- Completion of the transaction before a Notary Public.
A notary public is a Spanish Public Servant who certifies the capacity of the parties and the content of the title-deed (Escritura).
After signing and the completion of the deal, Property Transfer Tax (ITP, currently a progressive tax from 8 to 10%) has to be paid within 30 days of completion, in accordance with a general tax rule. VAT (IVA in Spain) might also be applicable in other types of transactions.
- Formally notify the utility companies (electricity, water, etc.) of the change of ownership and organise payment arrangements with your Spanish bank.
It is therefore necessary to have the services of a firm of lawyers specialising in real estate law with multilingual abilities to offer totally reliable and understandable advice to the customer. You can find our Costa del Sol Office at Avenida Ricardo Soriano 20, 7/A, 29601 Marbella, and our Costa Blanca office at Calle La Querra 2, office nr 3, 03580 Alfaz del Pi. More information on www.sirejacob.com