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PROPERTY

EXPLAINED: How to buy a property with cash in Spain 

If you have the savings to pay for a Spanish property in one instalment without the need for a mortgage, here are ten key steps you’ll need to follow to complete the payment with cash quickly and successfully.

EXPLAINED: How to buy a property with cash in Spain 
It will take less time to move into a property you've bought in Spain if you pay 'al contado'. Photo: Alexander Gresbek/Pixabay

Three in every ten homes in Spain are purchased up front without a loan from the bank.

It’s only an option for those with considerable savings available, and a decision which often depends on the price of the property, but there are several major advantages it offers.

Paying for a property al contado (up front in one instalment) is one of the best ways to negotiate down the price of a property as you offer better guarantees of solvency to the seller. 

It can also mean you save a huge amount you would otherwise pay in interest as a result of mortgage payments as well as fees and commission from other processes.

And there’s the fact that overall it will be faster to complete the purchase and move into your new Spanish home if there isn’t the need to wait for mortgage approvals from the bank.  

So if you’ve found a property in Spain that you like and you have the funds to pay for it, what are the steps you have to follow to complete the process properly and quickly? 

Get a gestor, and a bank account if you don’t have one 

Whether it’s a lawyer, an estate agent or a gestor, it’s advisable to have a professional helping you along with such an important process, especially if a lot or all of your savings are at stake here.

READ MORE: What does a gestor do in Spain and why you’ll need one

They will be able to advise you on the steps to follow, tell you what to watch out for and assist you with much of the process.

It’s also recommendable to get a Spanish bank account even though it’s not compulsory, as it will facilitate the payment of taxes and other expenses.     

READ ALSO: How to open a bank account in Spain if you’re not a resident

 Get the escritura notarial 

This notarised house deed is the one that certifies that the person selling the property is indeed its rightful owner. You’ll have to request this from the seller and if they’ve lost it, they will have to get a copy from the notary who originally signed it. 

Get the nota simple 

This land registry certificate is crucial because it contains a full description of each property, what condition it’s in, who the legal owner is, when they bought it, any debts or legal charges against the property, defined use of the land, and any community costs for which prospective buyers would become liable.

This is all very important information you want to make sure you have before committing to such an important purchase.

You can request the nota simple in person at your closest land registry office, but note that it will only be available in Spanish and there should be a legitimate interest in buying the property.

If you’ve viewed the property through local estate agents, it’s also worth asking them if they can provide you with a copy. 

READ MORE: What is the ‘nota simple’ and why is it so important?

Check IBI payments 

IBI stands for Impuesto sobre Bienes Inmuebles in Spanish, which translates to tax on property goods, but it also goes by the name SUMA.

It’s a local tax which has to be paid once a year by all property owners in Spain, and it serves as a benchmark to calculate all other Spanish property-related taxes.

You must ensure that the property is up to date with payments by the homeowners’ association (la comunidad) and that the seller has paid their IBI. 

In order to find this out, you should request the last IBI receipt from the town hall where the property is located. Some municipalities offer this service online. 

READ ALSO: 

What property owners in Spain need to know about homeowners’ associations

How to pay less Spanish IBI property tax

Make a down payment and sign the contrato de arras 

In English contrato de arras translates to a deposit contract or deposit agreement and is an important, in most cases, essential, legal document to finalise an agreement for the purchase of a property in Spain.

In Spain, the deposit to pay to the seller when signing the contrato de arras is usually between 5 and 15 percent of the final agreed sale price, a sum that can only be cashed by the owner of the property being sold and which is deducted from the agreed property price.

The main purpose of an ‘arras‘ is to give peace of mind to all parties involved in a property sale, as the agreement contract confirms in writing that the terms agreed for the sale are respected.

When reading through a deposit contract, it’s important to pay attention that all the details of the purchase are included in writing, such as the deadline by which to formalise the operation before a notary, the agreed sale amount and the payment method.

READ MORE: What you need to know before making a down payment

Sign the contrato de compraventa 

Once you make the downpayment and have proof of it, you must sign the purchase contract with all the details about the house and the transaction. It’s the agreement between both parties in which all the details of the seller appear and in which the property is described.

Having the advice of a professional such as a gestor or a lawyer at this point is important as an extra precaution. 

Notarise the escritura pública 

In order to formalise the contract, you must have the public deed of sale notarised. 

This gives both the seller and the buyer legal security for the transfer of property and its new registration at the land registry. It’s not mandatory to sign the public deed of sale to buy a house, nor is it to register the property at the land registry, but it is highly recommended.

The escritura pública should include many of the details mentioned above such as any outstanding debts, IBI and comunidad payments, payment details and more. 

The notary will certify the authenticity of the information, give the buyer’s data to the cadastre, require the seller to provide mandatory documents such as the CEE (Energy Efficiency Certificate) and establish the distribution of expenses of the sale.

Once everything is in order and signed, this is when the buyer gets the keys to their new property, meaning that the seller must have moved out of the property before the public deed of sale.

Pay ITP tax

ITP is the acronym used to describe the tax that applies to the transfer of ownership of a second-hand property in Spain. 

It varies across Spain’s regions, ranging from 4 percent to 10 percent currently.

These tax rates can change every year but in general Madrid’s are among the lowest in Spain. If it’s a brand-new property, the buyer pays IVA (VAT).

ITP payment must be carried out at a tax agency in your region, city or town within 30 business days from when the contract was signed.

Register property

Once the sale has been completed, you must officially register the property in Spain’s Property Registry so that it appears in your name as the new owner after having purchased the home.

You will need a notarized copy of the public deed of sale, proof of ITP property transfer tax payment, proof of having presented the documentation for the payment of the municipal capital gains.

Again, this is not compulsory but it is highly recommended in order to have legal protection. 

Set up bills 

You’re ready to move into your new Spanish property but you’re going to need to put the water and electricity in your name in order to be able to actually live there. 

You can start by requesting these details from the previous owner, such as who the suppliers are, any reference numbers you may need such as the CUPS code for electricity and so on. Most of which will be available on previous bills. 

Once you have this information, you can call up to request the cambio de titular ( the change of ownership).

READ ALSO: The real costs of buying a home in Spain as a foreigner

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For members

LEGAL HELP

Noisy local fiestas: What to do when your Spanish town hall is responsible

Town and city fiestas are commonplace in Spain and they’re part of what made many of us fall in love with the country in the first place, but sometimes the town hall can overstep and the noise pollution just gets too much to bear for neighbours.

Noisy local fiestas: What to do when your Spanish town hall is responsible

It’s bad enough in Spain when you have to deal with noisy neighbours or loud bars and clubs, but what about when the culprit is your ayuntamiento (town hall) or city council?

If you want to know what your rights are on noise from construction, find out here, what to do about noisy neighbours here and about bars and clubs here

During these local fiestas (every city, town and village has at least one a year), councils set up concert and performance venues form of open-air stages or tents called casetas or carpas.

In these cases, there’s often no sound insulation and the noise carries much further as everything happens outside.

Even though these festivals may only go one for a week or two, they can often disturb residents who aren’t in attendance and are trying to sleep.

You could be someone who needs extra sleep like a doctor, nurse or firefighter, you may be ill or have small children, there are many reasons why you might not be able or want to join in. Even if you are in the minority, your rights should still be respected.

In fact, in places such as Barcelona, when the local Gràcia festival takes place, there’s so much noise created by neighbourhood organisers that some people even decide to leave their apartments for the week as they know they won’t be able to sleep.

This option is of course not open to everyone, and in truth, you shouldn’t have to leave your home temporarily because of a celebration that is supposed to bring joy to the local population.

So, what can you legally do and what are your rights?

Even city and town councils must continue to comply with municipal by-laws during local fiestas. The Spanish Civil Code guarantees that you should have respect in your own home.

Law 40/2015, of October 1st, on the Legal Regime of the Public Sector, which came into force in October 2016, establishes that “Public Administrations objectively serve the general interests and act in accordance with the principles of effectiveness, hierarchy, decentralisation and coordination, with full submission to the Constitution and the Law”. 

This means that even the authorities must uphold the law and serve their people. They have a public responsibility to manage and to do it to the best of their abilities.

The first thing to keep in mind is that you stand a much better chance of getting your council to listen if you find other people who are affected too, so it’s not just you complaining on your own.

Make sure to talk to your neighbours or others living on the same street to find out if they’re also affected by the noise and form a group of people who share your grievances.

In theory, councils and ayuntamientos are in charge of enforcing celebration schedules, making sure the volume of music isn’t too loud, controlling the capacity at venues and enforcing alcohol laws so that people are not drinking on the street (if it’s not allowed in that region).

READ ALSO – FACT CHECK: No, Spain’s Balearics haven’t banned tourists from drinking alcohol

According to Law 7/2002 on protection against noise pollution, these are the maximum sound levels allowed for leisure venues:

Nightclubs: 104 decibels

Venues with musical entertainment: 90 decibels

Game rooms: 85 decibels

Bars and restaurants: 80 decibels

Find out if the festival events and activities infringe on any of these rules and regulations above and if they do then you have a case to take to your town hall.

Technically, the festivals should take place at a local fairground or somewhere away from the main residential area, but we know that this is not always the case. The concerts and events often happen in the very streets and squares where people live.

Firstly, you need to contact your ayuntamiento or local council or explain the problem. It’s best if you put it in writing so there’s a record of what you’ve said.

Try to include as much evidence as possible as to how the festivals are breaking the rules and include testimonials from as many neighbours as you can.

Organisers may not listen to you the first time, but if you keep contacting them, they will be forced to listen and have to respond.

If the situation is the same every year and they still don’t change anything, then you and your neighbours should contact a lawyer to represent you and take the matter to court.

This has actually been done several times by different communities throughout the country and in many instances, the law has sided with the people instead of the authorities.

In 2017, the Superior Court of Justice of Navarra, sided with a community of owners in Mutilva Baja when they complained about noise coming from an outdoor tent which had been erected for the festivities of the local patron saint. They claimed it was noise pollution above the legal levels and said the council had done nothing to try and reduce it.  

In another case in Getafe, thanks to a neighbourhood protest led by a lawyer specialising in noise pollution called Ricardo Ayala, the carnival celebrations were moved to the fairgrounds on the outskirts of the city.

Again in 2022, in Castilla-La Mancha, the Supreme Justice Tribunal imposed a sentence on the the Puerto Lápice City Council due to damages derived from noise pollution from musical events held in the town square.

The celebrations were not forced to be stopped completely but the council did have to agree with a limitation on hours and noise levels specifically for the concerts held in tents outside. It did not affect any other part of the festival.

Therefore, it is possible to take legal action against your ayuntamiento if they are breaking the law, but there’s no guarantee it will be a straightforward process.

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