Introduction
Buying a property is one of the most important and exciting steps in a person’s life. However, the process can be complicated and requires knowledge of various legal and administrative aspects. In this guide, we explain everything you need to know, from the notary to the public deed, including the property registry and notarial fees.
The Role of the Notary and the Property Registry
The notary is a key professional in the property purchase process. Their role is to ensure that all parties comply with the law and that the sales contract is correctly drafted. Once the contract is signed, it is necessary to register the property in the property registry to formalize the change of ownership.
Municipalities and the Cadastre Office
It is essential to check the urban planning status of the property at the corresponding Town Hall. Additionally, you should verify the information at the cadastre office to ensure that the cadastral data matches the physical reality of the property.
Important Contracts: Deposit and Reservation
Before signing the public deed, two types of preliminary contracts are usually signed: the deposit contract and the reservation contract. The first is a commitment agreement between buyer and seller, while the second ensures that the property will be withdrawn from the market during the sales process.
Certificates and Fiscal Representation
Another aspect to consider is obtaining the certificate of declaration of old work if the property is older than a certain number of years. For foreign buyers, it is essential to have a fiscal representative to guide them on tax matters, such as the non-resident tax.
Mortgage and Mortgage Cancellation
If you need financing, you will have to arrange a mortgage. If the seller has an existing mortgage, it is necessary to coordinate the cancellation of the mortgage before the transaction.
Deferred Purchase Price
In some cases, it is possible to negotiate a deferred purchase price. This agreement allows the buyer to pay in several installments, as agreed with the seller.
Notarial Fees and Handover of Possession
It is crucial to consider the notarial fees, which include the notary’s fees and other associated costs. Finally, the handover of possession and keys marks the moment when the buyer can take possession of the property, which is formalized with the public deed.
Conclusion
Buying a property in Spain involves a series of legal and administrative steps that must be managed carefully. From the notary’s intervention to registration in the property registry, each stage is crucial to ensuring a successful transaction. By following this guide, you will be better prepared to navigate the process and confidently become the owner of your new property.
