Have you been dreaming of owning your own house on the Costa Blanca? When you are not a resident and you consider buying property in this paradisiacal area, having the appropriate legal support is crucial to ensure a safe, successful and smooth transaction.
In order to receive valuable advice and expert guidance, we sat down with Joaquín Pons, founding member and lawyer of Savloir Law Firm, a renowned law firm specialised in the legal and tax fields of real estate buying and selling aimed at non-residents. Up and running since 2018 on the Costa Blanca, the firm has offices in Jávea and Dénia. A team of lawyers who strongly believe in the idea that feeling safe is knowing that there are people who want our decisions to have the best outcome and who care for them.
Join us as we explore their knowledge and key tips to help you buy your dream home on the Costa Blanca.
Let’s start from the beginning… What is the first step non-residents should take when buying a property on the Costa Blanca?
Finding a property. To this aim, we recommend getting in touch with a renowned real estate agency. Great agencies can be found in the area of the Costa Blanca many of them have decades of experience in the sector. A real estate agent will do the thorough screening work for you, and provide you with those properties that fit your profile. It is therefore important that you determine the features you are looking for before contacting the real estate agency or agent to buy a property.
Another important point to take into account is the purpose for which you wish to buy: first residence, second residence, holiday home or investment. This decision will help you choose the house that best suits your particular situation.
When looking to buy a property in Spain as a non-resident, the trusted lawyer you hired may conduct the necessary research for you and inform you of the condition of the property and its evolution. In addition, it would be advisable to engage the services of an architect to determine the state of the building structure, although your lawyer may be able to do this for you as well.
What other legal aspects should non-residents consider before buying a house on the Costa Blanca?
Obtaining the Foreigner Identity Number (NIE). This document is essential for any real estate transaction in Spain and it guarantees your tax identification. At Savloir we provide expert advice and ensure that buyers have the necessary documents to start the buying process. The NIE can be obtained personally on site or by power of attorney. In our firm we take care of the paperwork in both cases. If you choose to do it on site, we will help you apply for the NIE at the Spanish Consulate or Embassy of your country of residence or at the Police Station in the Spanish city where you live, work or intend to buy a property. On the other hand, if you choose to do it by power of attorney, we will take care of all the relevant paperwork on your behalf.
Another important aspect is the opening of a bank account in Spain. Although it is not a requirement, opening a bank account makes it easier to manage taxes and annual expenses related to your property. However, some buyers may use the house as a holiday destination and prefer not to open a bank account in Spain.
How can non-resident buyers ensure that the property they wish to purchase is safe and legal?
A thorough investigation of the property is always essential. In our law firm, we help our clients check public registers and municipal certificates, verifying the ownership of the property and ensuring that there are no liens or encumbrances. This stage is crucial to avoid unpleasant surprises in the future.
What is the role of contracts in the process of buying a property?
Contracts are an essential part of purchasing a property, which is why our legal team is in charge of drafting strong and clear contracts, including protective clauses to safeguard the interests of non-resident buyers. These clauses address issues such as timing, payment conditions, legal liabilities and other relevant terms to ensure a safe transaction.
What tax considerations should non-residents take into account when buying a property in this area?
It is important for non-residents to understand the tax implications related to the purchase of a property in Spain. That is why we offer personalised tax advice to help buyers, both individuals and legal entities, comply with their tax obligations.
Among the most important tax implications, it is essential to consider the tax on the purchase of real estate, known as Impuesto de Transmisiones Patrimoniales(Property Transfer Tax, or ‘ITP’, for its Spanish acronym). This tax varies depending on each autonomous community and it is applied to the value of the property. In addition, non-residents must also take the income tax (‘IRNR’, for its Spanish acronym) into account, which is levied on the income arising from the rental or sale of a property.
What if there are legal complications during the buying and selling process?
It is a fact that legal problems can sometimes arise during the process of buying and selling a property. These problems may include disputes with the seller, breaches of agreements or issues related to the ownership of the property.
We would like to remind you that you are not alone in this process. We are ready to face these challenges on behalf of our clients. Our legal team consists of lawyers specialised in real estate law that have the experience required to resolve any legal issues that may arise, ensuring a safe and successful transaction.
What advice would you give to non-residents who plan on buying a house on the Costa Blanca?
Firstly, it is important to define your needs and budget to perfectly know what you are looking for. Conduct thorough research on the areas of the Costa Blanca in which you are interested and look for the support of local professionals. Do not hesitate to ask any questions and to request detailed information about the property you are interested in. Furthermore, we always recommend hiring a trusted legal team to guide you through the process, ensuring that all legal aspects are covered and safeguard your interests.
What are the common challenges that non-resident clients face in this process and how are they addressed by Savloir?
When buying a property on the Costa Blanca, non-residents are unfamiliar with the local market, and they also come up against language barriers and differences in laws and regulations. At Savloir, we address these challenges by providing a personalised service tailored to the specific needs of each client. Our international team guides you through the entire process, providing advice in your own language and explaining all the legal and tax aspects involved clearly and concisely. Our experience and knowledge of the real-estate market of the Costa Blanca allows us to overcome these barriers and guarantee a smooth experience for our clients.
What is the main advantage of working with Savloir for non-residents who wish to own a property on the Costa Blanca?
The main advantage of working with Savloir is that we offer you a comprehensive and personalised service throughout the entire process of purchasing a property on the Costa Blanca. Our tailor-made approach allows us to cater for your specific needs and to provide you with a high-quality service. We take care of all legal and tax aspects, safeguarding your interests and ensuring a successful conveyance. In addition, we have an extensive network of contacts in the real-estate industry, ensuring that you have all the information to make the right decision.
What if non-resident clients cannot be present during the buying process?
We understand that non-resident clients may find it difficult to be physically present during the entire buying process. However, this should not be an obstacle. We are vastly experienced in representing non-resident clients, which allows us to handle the vast majority of the process for you. We can act on your behalf in the signing of the contract, in obtaining the NIE and in every stage of the process.
Additionally, today’s technology allows us to communicate with you smoothly and efficiently at all times. This is particularly useful for organising the signing of the earnest money contract or the sales contract remotely before a notary.The most convenient method is to empower a lawyer to do this for you.
What is the final message you would like to send to non-residents who wish to turn the Costa Blanca into their home?
We would like to highlight that you are not alone in this process. We strongly believe in the idea that feeling safe is knowing that there are people who want your decisions to have the best outcome. We know that buying a house in a foreign country can be a difficult challenge, especially when it comes to legal and tax aspects. That is why we are here to accompany and guide you in every step of the way.
Our main purpose is to be the best host you could possibly find on the Costa Blanca, with a clear aim: to process the buying and selling of your property in the most efficient and satisfactory way. We are by your side when it matters most, such as when buying a house on the Costa Blanca.
Conclusion:
Buying a property on the Costa Blanca as a non-resident may be a huge challenge, but, as we have explained, you do not have to face it on your own. We would like to thank Joaquín Pons, on behalf of Savloir, for taking the time to come to this interview with the aim of helping non-residents make the Costa Blanca their home.
