Saturday, October 13, 2007

Information for Moving and Settling in Spain

In the last four years of running our Guest House meeting new Guests and now friends we have experienced some of the pitfalls and benefits but probably not all of living and working in Spain.
We hope these information sheets will provide you with a great deal of information and make the move a lot easier for you.

Viewing & Buying property.
Anyone who is planning to buy there new home in Spain needs the help of a good estate agent or
(Inmobiliaria) there are many reputable agents in this area and some not so good, they all charge different rates of commission depending on the company used, It is wise to ask before getting into detailed discussion what charges you will incur this can vary from 5% to 15% of the total cost of the property, some agents include these charges in the cost of the property so you know this shouldn’t be added later. Tax or IVA is also charged when buying property though again some agents include these fees.
But as in the United Kingdom and other parts of Europe you should always invest in a good lawyer (Aborgado)
Or Asesoria. An aborgado is a qualified solicitor who is usually employed in the buying and selling of property as well as other legal and family law. An asesoria can also undertake the work entailed in buying and selling property, making wills mortgages and loans but does not involve themselves with other legal issues. Always use an independent lawyer not one who is recommended by your chosen agent, if you feel happier even a lawyer from another town in the area you plan to view and buy in.

Employing Estate Agents, Lawyers.
As in the United Kingdom good estate agents will be registered here in Spain, You can usually tell if they are registered as they will have a number of registration on the shop front next to the name of there company also the company name and number on there invoices.
They should be able to give you a sheet detailing the estimated costs incurred in buying your new or resale home
This is a (Factura a Clientes)
Your chosen lawyer should also be able to give you an estimated sheet of costs you will incur (Factura a cliente)
This will include
In a new build Checking with the town hall ((Ayuntamiento) for your area that the property is built on urbanised land, not industrial or agricultural land. permission has been given to build .The land is of coarse owned by the person selling the land and permission has been given to build the property which is also passed by the Delegacion Provincial and the Junta or ( Council for the province) He/She will also check the property has a (Certificate del Catastro Descripiva y Grapica) which is a form listing the details of the property the location and area of land you are buying giving the square meterage of the build and the land also a planned map of the area .This is as important as the (Escritura) deeds of the property. Here in Spain the deeds are divided into two parts one for the land and one for the property.
He will also make sure that the vendor has a certificate of first habitation which allows you to buy and live in the house legally. He/She should also check to make sure that a mortgage payments or loans will be cleared if they are based on the property and that they will be cleared .In some instances buyers have bought property and found they still owe a mortgage or loan on the property.
The above mentioned information also applies to a resale house but as long as the house is already registered
As a dwelling then a certificate of first habitation will not be required.
You’re Numero de Identidad
To buy your property in Spain you will need to arrange for a (Numero de Identidad or NIE) this is the equivalent of a national insurance number or identity number, this is obtained from the Ministerio del Interior Officina de extranjeros for the province you have chosen, It will entail taking your original passport to a notorio who will copy this for you and on the copy will stamp it and attach an official stamp this can be taken to the office for the ministerio del interior to obtain an NIE number.
This can in some cases be arranged by your lawyer who will advise you on this ,once obtained It is wise to carry a copy with you at all times as this is your identity number and may be asked for “for instance if you are stopped in your car”



Opening a Bank Account
This is of course in most cases a necessity for transferring money from the United Kingdom to your new bank (banco) in Spain. It is a simple procedure and in most cases you can open a bank account while you are there at the bank.
If you take your passport to your nominated bank with your NIE number (if available) your address or a nominated address here in Spain, You can open a current account AND a savings account if so wished. The bank will quite often allow you to used the banks address as your address and hold any letters (your debit cards and cheque book) that will be issued to you which takes about 10 days. In most cases no money is required to open a bank account.
You will be asked to sign a (Contrato de libreta ahorro) which is a formality to say you have agreed to open a bank account with this particular bank. They will issue you with an account number and also an IBAN number which allows you to transfer money from the United Kingdom to Spain. It is helpful to also take with you your SWIFT number from your bank back in the United Kingdom which allows you to send money abroad.
Most banks in Spain seem to charge very similar rates of interest on current and savings accounts .though you will incur charges for the privilege of having a bank account in Spain; this doesn’t just apply to foreign people living in Spain but locals alike.
It will pay you to go to one or two banks and have a chat to them, In many banks now there are people who speak English if this is important to you but don’t be influenced by the agents you are using make your own choices.

To go to the Notary or Not
The Notario is a person who represents the legal profession specialising in the transferring or buying of houses overseeing wills, legal work involved in the banks here in Spain i.e. loans, mortgages and many other formalities.

Once the lawyer has prepared the paperwork to transfer the property to your name/s he will arrange an appointment with the notario and yourselves to go to the appointed office (there are notaries in all major towns).You may also need to take an interpreter if asked to do so or a person that you know can speak Spanish fluently. The notario will read through the prepared paperwork making sure everything is in order and stamp each sheet of the “Copy Simple”
Which is a simple copy of your Escritura” or deeds He will also ask to see your passport and ask if you are the person on the passport you will also be asked to sign to this effect.
If you feel you are happy or would rather let your lawyer arrange for this to take place in your absence you can arrange with Him/Her to take this on board and give him “Power of Attorney” usually for a small additional charge.
You will have to go to the notary with your lawyer for this to be agreed with the notario.
Once this procedure has taken place You will then be given a “copy simple” of your deeds, the originals will be sent to the Registro de la Propiedad for your local area and you will be informed by your lawyer when they are ready for collection, this can be a period of between six months to two years depending on the age of the property .You may also incur a charge for the originals if they have not already been paid for.

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