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The buying process 

The Spanish mortgage market is less developed than the UK market in terms of the range of lending products available. In general, the lenders decision to provide a mortgage is based upon:

  • Income – as confirmed by tax returns and/or pay slips

  • Property value – as confirmed by a Spanish valuation report (tasacion) produced by a recognized valuation company or architect.

There are more than 30 lending institutions offering mortgages in Spain and each has its own criteria. It is often difficult to obtain reliable information from lenders, especially if you do not speak Spanish. At JW Finance we have Spanish researchers who continually check the market for new products currently available in Spain, which can save you time and ensure that you have the product to suit your individual circumstances.

We recommend that you seek legal advice and we can put you in contact with a Spanish lawyer who will act on your behalf. There are certain issues concerning the property you wish to purchase that should first be checked by a Spanish lawyer.

The Buying Process
Before you spend time looking for a property, we recommend that your first step should be arranging your finances to ensure you know exactly how you will fund your purchase. It is very disappointing to find your dream property only to discover that you can not make the necessary payments. This can be avoided by deciding first upon your budget and confirming how much you can obtain as a mortgage. There are many ways to do this and we can give you free and independent advice to help you understand the various options. The services we provide include:

  • Free consultation and management of your mortgage, with no fee due until the day of completion

  • Fast and efficient response to your application

  • Clear and simple information concerning the mortgage recommendation

  • Full details of any fees and charges that may apply

We can arrange for an offer in principle from one of the Spanish mortgage lenders, which will allow you to see exactly how much you are entitled to borrow and therefore enable you to budget accordingly.

Once you have received an approval in principle for your mortgage we submit full details of the property and your offer price to the bank, who will then arrange for the valuation.

When you agree to purchase a property, it is normal to sign a preliminary contract (the ‘compra venta’) and pay a holding deposit.

Nota Simple
Your lawyer will need to obtain a copy of the nota simple before valuation. This is a basic record of the property details showing any outstanding debts attached.

Subject to the outcome of the valuation, the bank will come back with a formal offer. Your lawyer will then arrange for a purchase contract (or private contract of sale) to be signed. This is a binding contract and is usually accompanied by a non-refundable deposit of 10% for a resale property or 30-40% for an off plan property, payable over a term to be agreed.

The purchase contract will show all parties involved the terms and conditions of the sale, a description of the property and the agreed date of completion. It must be finalized in the presence a ‘Notary’, a public official appointed by the Spanish government to witness the signing of all legal documents.

On the completion date, all parties (or their designated representatives) visit the Notary, where the title deeds (escritura) are signed. At this point you pay the balance of the purchase price and all fees and taxes. This includes a tax payment of 7% of the purchase price for new properties or 7% of the declared value for resale property. Once this is complete, all transfer taxes and fees are paid to the tax offices.

Next the Notary will register the transfer of ownership at the land registry. ‘Plus valia’, a tax on any increase in the value of the land, is levied in some areas. This registration may take a while; you can ask for a copy of the records from your notary. It is called a copia simple.

NIE
Non-resident property buyers are required to obtain an NIE number. This is a ‘Numero de Identificacion de Extranjeros”, a fiscal identity number that can be obtained through a local Spanish police station or the Spanish Consulate in London.

Building Insurance
Building insurance is compulsory in Spain and can be arranged through the lender or an independent insurance company. An insurance certificate is required by the Notary.

Escritura
The public title deeds of the purchase (the ‘Escritura’), will be prepared by your solicitor and must be signed in front of the Notary.

Completion
Your solicitor is responsible for supplying the notary with the relevant documents and arranging with the banks the monies due to be paid for completion. Following completion your solicitor will arrange for all utility services to be changed into your name. The property deeds will need to be registered and this normally takes up to 3 months. Thereafter your full escritura will be available to be collected normally from your bank or solicitor.

Bank Accounts
It will be necessary to open a current account with the selected bank as all mortgage payments can only be taken from the lenders bank. It will also help to have your service bills taken from this account.

If you are interested in buying a property in Spain JW Finance offers you free initial information on mortgages and a free initial consultation and quote with no obligation. We will manage your mortgage from start to finish and there is no fee charged for our services until your mortgage is guaranteed and completed at the Notary.

We have experienced advisors based in Spain who have the knowledge to provide you with the best advice and find the right mortgage for you. Our advisors compare rates and costs and maintain an extensive database of mortgage products that we update on a daily basis. Our advisors can deal with the banks on your behalf and explain every step of the mortgage process to you in English, guiding you from start to completion.

We can make the purchase of your Spanish property as smooth and simple as possible.

Your home may be repossessed if you do not keep up repayments on your mortgage. Changes in the exchange rate may increase the sterling equivalent of your debt.