The Conveyancing Process

This process is not complicated but for your peace of mind should be carried out by a qualified Spanish Solicitor and Fiscal Representative

 

The Conveyancing Process - Outlined ....
1.The Writing of the contract                            2. Certificate from the Land Registry
3. Payments and Bank Guarantees (new builds) 4. Preparing Power of Attorney
5. Pre Completion Checks                                 6. Obtaining your NIE number
7. Completion                                   8. Inscription of ownership in the land registry
9. Paying Taxes                                          10. Transferring Utilities into your name

 

1.The Writing of the Purchase Contract

        The first step is to sign a private purchase contract (Contracto Privado de Compraventa) between the two parties involved. If you are purchasing a new build property this will between you and the builder. If. A reslae property then this will be done between you and the owner of the property or his agent.
      
The Contract should contain the following:      - Full description of the two parties
                                                                   - Full description of the property
If a new property                                                  If a resale property
Plans of the property.                                           Price of the property
Specifications of the materials.                              Stage payment details
Plan of the site and building permission
We can check that all the relevant details are correct and explain all to you before you sign.

 

2.Certicate from the Land Registry & Report

We will carry out a land registry search to clarify that everything stated in the contract was correct
Establish the current ownership
Check property is free from debt and other charges
Building permission

 

3.Payments and Bank Guarantees(New Build Properties)

        For each stage payment that you make we obtain a bank guarantee from the builder. This means that if the
         builder goes bankrupt before completion you would not lose your money.

 

4.Preparing Power Of Attorney

We will ask you to give us power of attorney. This is a simple process that enables us to complete work for you without you being present. Nothing would be done without your consultation first. This can be very useful for N.I.E numbers and completion.

 

5.Pre Completion Checks

Prior to completion we will make further checks to ensure ther are no debts or other charges outstanding which you could inherit. Eg Council tax, electricity & Water and community charges.

 

6.Obtaining Your N.I.E Number

This is a fiscal identification number and is required to pay taxes before you make any transaction in Spain including buying a property. We will apply for your N.I.E number on your behalf using the power of attorney.

 

7.Completion

On completion we exchange the balance of the price, ownership and keys of the property. This takes place at the Notary´s office. If the property is a  new property we also check that the builder has issused a 10 year guarantee for any damages on the building and certificate from the Town Hall which certifies that  the property is habitable.
If you have not provided us with a power of attorney we will help you obtain your N.I.E number before completion and assist you at the Notary´s office

 

8.Inscription of Ownership In the Land Registry

After signing, we will present and register the notarised deed (Known as the escritura) at the local land registry.
The Land Registry maintains all the details of the property and records financial charges and other matters that may affect title. Registering the deed provides the highest public level of protection      
       

9. Paying Taxes

From the day of signing we have a maximum of 30 days to pay the tax on the property. We will arrange for this with you.

 

10.Transferring Utilities Into Your Name

We will change the water and electricity supplies into your name