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Ten top tips for buying property in Spain

The Spanish property market is well on the road to recovery and foreign buyers, especially those outside the Eurozone, are once again rushing to pick up a bargain.

Published: 14 May 2015 16:04 CEST

If you are a Brit thinking of buying in Spain, the general election result last week that saw a surprise victory for the Conservative party has made Sterling even stronger against the Euro, so if you are looking to invest in property in Spain there has never been a better time

But to help you avoid the pitfalls of which there can be many, The Local brings you a top ten guide to buying Spanish property from Laura Richards, Spain Buying Guide Country Manager from the  OverseasGuidesCompany.com.

1. Think about your finances as soon as you can

Once you have decided that you want to move to Spain, it’s important to start organising your finances straight away. You will need to raise money for the purchase of a property, taking into account buying fees and any other costs that could arise; this could include legal fees, registration fees, estate agent commission and more.

2. Accept the consequences of currency fluctuations

Photo: Shutterstock

Currency rates fluctuate continuously, as they are transferred on a ‘live’ market. Very often, a buyer will view a property and decide to buy based on the GBP/EUR rate of that day. As rates fluctuate by the minute, by the time they come to complete on the purchase and make the transfer, the rate could have dropped dramatically.

3. Make sure your budget is realistic

It’s so important to know exactly how much you can afford before you make a trip over to Spain to view property. The last thing you want to do is fall in love with a property and then find out that you cannot realistically afford it. We also recommend speaking to a currency exchange specialist to help you assess the risk of currency fluctuations and guide you on the best ways to protect yourself and maximize your budget.

4.Research the Spanish buying process

With such a huge decision as purchasing property, especially one in another country, preparation will always be of paramount importance. Spend time researching online, but make sure that you ensure everything that you read is the latest version– legislations do tend to change regularly. SpainBuyingGuide.com is always kept up to date, and we receive regular contributions from expats in Spain who can update us on changes as they happen.

5. Research the areas you like with care

Photo: Wikipedia commons/Espenca

Don’t presume that everywhere in Spain is hot, sunny and near a beach. There are myriad different landscapes and climates across the country, and it’s so important to assess each area you like the look of and work out exactly what it is you want from your new neighbourhood – in terms of climate, facilities, residents and anything else important to you.

6.Find the right estate agent

Your estate agent will be one of the most important people to help you on your overseas property journey, and it’s important to make sure you chose the right one. You need an agent that specialises in the areas that you are interested in, who will understand your exact requirements, and who has experience in buying or selling with expats from the UK. Researching online is useful, and will give you an idea of the different options you can chose from. If you know someone who has already purchased property in the area, see if they can recommend an agent personally. It’s so important to make sure you have an estate agent that you trust; this will ensure you can make the most of any viewing trips, saving you both time and money.

7. Visit in the off-peak season

Photo: AFP

It’s a good idea to visit your prospective neighbourhood in the winter as well as the summer. The weather will often be a bit colder and the towns a lot quieter than you would expect, and this gives you a chance to familiarize yourself with all the seasonal differences. In the winter months you may also find that the estate agents have more time for you and vendors may be willing to accept slightly lower offers.

8. Consult an independent, bilingual solicitor that you trust

Having an independent solicitor on your side, someone who is familiar with the buying process in Spain, is really important. They will work with your best interests in mind and will be able to advise you at every stage.

9. Think about renting before you buy

Photo: Shutterstock 

If you are still unsure about the best way to make the move over to Spain and purchasing a property while you are out of the country, why not consider renting a property first? You could always spend a couple of months in a few different places until you find your dream neighbourhood.

10. Avoid risk when sending money overseas

Whatever you decide to do, you can avoid the risk of currency fluctuations by making use of a specialist currency product called a forward contract. This enables you to lock in an exchange rate at the time you commit to purchasing the property, meaning you won’t lose any money if the currency markets move dramatically while the sale is in progress. When the time comes to transfer the final balance for a property, you can be safe in the knowledge that the rate (and therefore the price of the property in sterling) will remain the same – no matter what the market is doing.

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PROPERTY

BBQs, nudity and plants: What are the balcony rules in Spain?

Though many people hang laundry, plants, and flags from their balcony, in Spain the rules on what you can and can't do on 'el balcón' are not well-known.

Published: 8 May 2024 17:13 CEST
Updated: 11 May 2024 08:31 CEST
BBQs, nudity and plants: What are the balcony rules in Spain?

Imagine the scene: you’ve just bought or signed the lease on your dream apartment. It’s bright and airy, with plenty of space, and even has a nice-sized balcony to get some fresh air on. You can do whatever you want there, right? 

Not exactly. In Spain the rules on what you can and can’t do on a balcony (even if it’s private) depend on a few factors, namely the regional and local rules, as well as getting the approval of the building’s homeowner’s association – known in Spain as la comunidad.

Some of them might just surprise you.

READ ALSO: ‘La comunidad’: What property owners in Spain need to know about homeowners’ associations

There are four main things or activities on balconies that could potentially put you on the wrong side of the local rules and even get you fined: barbecues, plants, laundry, and flags.

In all cases (even if you don’t think you’re breaking any rules) you’ll generally need to consider two things: firstly, does this affect or change the building’s façade? And secondly: will la comunidad allow it?

Barbecues

In Spain there is no national law prohibiting barbecues on private property, so in principle it is legal as long as the barbecue is lit in a private space such as your own balcony, garden or terrace, and not a shared space.

Often in Spain, the roof (usually referred to as la terrazza) is a shared space people use for storage and hanging their laundry, so be sure to check with the comunidad.

In terms of your own balcony, however, although there’s no law saying outright you can’t have a barbecue, you’ll need to take into account the rules and regulations in force in each locality or region. There may also be specific rules within the building that long-term homeowners have developed over the years.

As we will see, many of these low-level regulations are delegated to local governments and town halls in Spain, so the answer to these sorts of questions is usually: it depends where you are.

However, according to Article 7 of Spain’s Horizontal Property Law, “the owner and the occupant of the flat or premises are not allowed to carry out in it or in the rest of the property activities prohibited in bylaws, which are harmful to the property or which contravene the general provisions on annoying, unhealthy, harmful, dangerous or illegal activities.”

This basically gives your neighbours the right to complain about noise, smells, smoke and any possible fire risk in or around their building, which barbecues could plausibly fall under.

As with co-living anywhere in the world, regardless of the regional or local rules, employ some common sense: be reasonable, listen to neighbour’s concerns and take up any disputes with the President of la comunidad.

READ ALSO: What you need to know before having a barbecue in Spain

Plants

Again, with plants the responsibility falls on each local authority to set the rules. In Spain, most regions and town halls state that, as long as the architectural or structural elements of the building are not changed or weakened in any way, putting plants on your balcony is permitted.

However, note that many terraces and balconies do have maximum weight regulations that must be respected in order to guarantee their safety, which is 200kg per square metre. If this figure is exceeded (and it can be proved) you could theoretically be fined.

Laundry

Laundry lines criss-crossing the streets might be one of the more picturesque images of Spanish life, but the people doing it might actually be breaking the rules.

How do you know? You guessed it, it depends where you. You’ll need to check with your local authority on this one, though municipal regulations in Barcelona, Madrid and Valencia all regulate hanging laundry from your balcony, which is again outlined in the Horizontal Property Law.

This principally seems to be because it affects the façade of the building (a common theme when it comes to balcony rules in Spain).

In places with rules about hanging laundry from balconies, you could be fined up to 750 euros if you don’t comply with the rules.

However, according to Foto Casa, even if you live in an area where there are no bans or penalties against hanging laundry on the balcony, you’ll still likely need the permission of la comunidad.

READ MORE: Spain’s weirdest laws that foreigners should know about

What about flags?

Whether it be the Spanish flag, the Catalan, Valencian or Andalusian flags, or LGBT, trade union or football team flags, flags proudly hanging from balconies is another mainstay of Spanish life.

It’s also one of the more controversial ones too, especially within comunidad meetings. Hanging flags on the balcony, as well as allegedly altering the aesthetics and security of the building (the same concern as with laundry) often has ideological connotations that can cause conflict.

Again, as with laundry, hanging flags on the balcony will require the approval of all the owners within the community, something that must be agreed at a meeting, as per the Horizontal Property Law.

However, if the flag is placed inside the property, as it is a private property, fellow homeowners cannot oppose it, even if it is visible from the street, according to Foto Casa.

Nudity 

Article of 185 of Spain’s Penal Code only considers being naked at home to be obscene exhibitionism and sexual provocation if it affects minors, in which case it is punishable with a fine or up to a year in prison.

Therefore, you could technically sunbathe shirtless or naked on your balcony in most cases without getting into trouble, although it won’t necessarily go down well with your neighbours and/or flatmates and you be reprimanded for it.

READ ALSO: Can you go shirtless or wear a bikini in the street in Spain?

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