Guide to Selling your property in Spain.
Having decided to sell your property you will need to produce the following:
- A copy of your title deeds “escritura.”
- A “nota simple” under three months old proving your property is legally registered.
- Latest receipts to prove your annual property tax is paid up to date.( community fees if applicable.)
- Proof of latest payments of utility bills i.e. water, sewerage, electricity, rubbish, telephone.
- Copy of residencia , passport and NIE form.
- If you have extended your property or built a swimming pool, you will need to up-date the description of the property in the escritura.
To do this you will need:
- the planning permission
- a copy of the building plans
- a letter from an architect stating that the work has been finished in accordance with the plans
If the extension is more than 4 years old you can apply, via your lawyer for a “certificado de antiguedad” which means that you do not need the above documentation.
You can then have the escritura amended at the same time as completing on the sale of your property at the notary’s office. There will be a fee charged by your lawyer. Usually this will depend on what needs to be up-dated. You should always ask for a quote first.
7. If you have a mortgage, you will need to speak to your lender/bank and explain you will be canceling your mortgage-generally there is a 1% cancellation fee to the bank plus a fee to remove the mortgage from the property. On the day of completion, you or your lawyer will need to obtain a certificado de deuda from your bank which will show the exact amount to settle your mortgage. This document must be shown to the notary prior to signing.
Once a buyer has been found for your property, a deposit is requested from the buyer. The deposit paid is generally 10% but can be modified based upon buyer´s and seller´s consent. At this stage the completion date is set.
Completion date must be mutually agreed between both parties.
In general, completion date is set from between one month to three months, dependent upon buyers situation i.e. cash or requiring a mortgage to purchase.
Completion takes place in the office of the notary in Spain.
All owners stated on the escritura will need to be present to sign on completion day.
If one or all named owners cannot be present, they must make a power of attorney “poder” to allow another designated person, in general a lawyer, to sign on their behalf.
You will need to bring the documents stated in the 5 points above.
The new title deed will be translated to you within the notary office and then you will sign for the sale in front of the notary and receive a banker’s cheque .
As an owner selling a property, you must pay plus valia. Plus valía is a local tax levied by Spanish Town Halls on the increase in the value of urban land (excluding the value of any buildings) when it is sold. The tax rate varies depending upon the size of the local population and the length of ownership. Recently there has been a sharp uplift and it’s no longer a couple hundred euros but more likely a couple of thousand euros.
Keys to the property and latest receipts of paid utility bills and tax are then given to the new owner so that they can change the utilities into their name.