Buying, selling or renting a property can be a challenging process, especially if that property is located overseas. There are many things to consider as the tax laws and conveyancing processes are different from those in the UK, and a lack of understanding could make a straightforward process more complicated. Instructing a lawyer qualified in Spanish law is essential and provides peace of mind and certainty that matters will be dealt with correctly. If you are considering buying, selling or renting a property in Spain, you should consider instructing a UK-based Spanish property lawyer.
In this guide, we will discuss the benefits of instructing a UK-based Spanish lawyer and the potential costs. We will also explore the pros and cons of buying property in Spain, and why working with Giambrone and Partners is the best option for you.
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How lawyers could be beneficial when entering the Spanish property market
Why you should choose UK-based real estate lawyers instead of lawyers based in Spain.
More about the different fees you will have to pay when buying Spanish property
What to expect when buying property in Spain
Our professional real estate solicitors are here to help you
We answer some frequently asked questions
When buying a property in Spain, many people believe that they will only need to instruct a notary, or notario, to complete the purchase. However, the notarys job is to ensure that all documents are signed, and taxes have been paid. They are unable to provide solutions to any problems that may arise.
Spanish lawyers will be able to obtain documents on your behalf, such as a Nota Simple and your NIE number (if you are a non-Spanish resident) and draft the preliminary contracts for the property. Lawyers can also carry out the necessary due diligence on your property, and with a Power of Attorney, they can act on your behalf and sign documents if you are unable to. If you need to arrange meetings between yourself and the local notary, or you need to transfer utilities over into your name, a Spanish real estate lawyer can assist with this.
When selling a property in Spain, lawyers can make sure you have all the information relating to the sale, such as details of the sale and whether or not Capital Gains tax is paid. If you are a British national, you still have the same rights as a Spanish citizen when selling your property.
Spanish lawyers will also translate relevant documents into English, to reduce the risk of misunderstandings.
If youre a UK national looking to sell or buy property in Spain, an English-speaking lawyer qualified in Spanish law will be able to advise and guide you through the process, face to face, explaining the various documents required and taxes and fees to pay. Also, the response to your queries will be faster.
UK-based dually qualified Spanish lawyers will understand the legal consequences of owning Spanish property and how it can impact on your UK interests, such as inheritance. You can find out more about our UK-based Spanish lawyers at Giambrone and Partners here
When buying a property in Spain, the legal fees to consider are usually no more than 1% of the purchase price of the property.
If you would like to book a consultation to discuss services and rates with our Spanish real estate lawyers, you can contact us here.
There are considerable benefits to buying property in Spain; the weather, culture and cuisine are considered highly popular, so buying a holiday home or relocating to Spain may be an excellent choice. The conveyancing process in Spain is far more streamlined in comparison to other European countries.
Buying to rent is also a good option, either for tourists as a holiday rental or for a longer stay rental which will provide a consistent income.
However, do not overlook the extra maintenance costs that come with buying property in Spain and be aware of different laws concerning real estate in Spain. Also, mortgage rates offered to non-Spanish residents are usually higher, so you may find that you have to pay more than you expected.
To find out more about real estate law and how a solicitors services can help you, please visit us on our website here.
At Giambrone and Partners, our team of highly experienced real estate solicitors, based in the UK, have vast knowledge concerning all aspects of Spanish real estate law. They can also liaise with our offices in Spain advising on tax and mortgage rates. No matter your query, our real estate lawyers are here to help.
Qualified Spanish lawyers are called Abogados. Many of the Spanish lawyers in Giambrone and Partners are dual-qualified in both England and Wales and Spanish jurisdictions.
In certain circumstances, when moving to Spain, an individual could still be classed as UK-domiciled, so will need to pay UK inheritance tax on worldwide assets. There is inheritance tax liability in both the UK and Spain, but if the UK inheritance tax is higher than Spanish succession tax, a refund will not be granted for the difference.