This is a brief guide to purchasing a property in Spain, we strongly recommend that you use a qualified Lawyer to represent you in the buying process, if you do not have one we can recommend one.
Once you have found your dream home in the sun the procedure towards completion is as follows
A reservation deposit is required as a sign of good will, this is usually 6,000€ (and will be held by the Agent or your Lawyer) this deposit will ensure the property is reserved and taken off the market and also starts the conveyancing process by your Lawyer, usually within 2 weeks and when your Lawyer is satisfied that everything is clean you will be required to exchange contracts and pay a 10% deposit. The private contract (Compra Venta) will have a fixed date for completion at a public Notary agreed by both parties
SO WHO PAYS WHAT
The Buyer is responsible for the property purchase tax which varies depending on whether it is a new property or a resale property
Mortgage: If you are taking out a mortgage then there will be additional costs of approx 1%-1.5% for the opening fee and 1.8% taxes and notary fees for the mortgage deed
Resale property: The (ITP) transfer tax depends on the price of the property; up to 400.000€ it is 8%; between 400.000-700.000€ it is 9% and over 700.000€ it is 10%. You are also required to pay the fees for the Notary, the Land registry and your Lawyers fees which are usually 1% + IVA of purchase price.
As a rough guide if you purchase a property between four and seven hundred thousand euros you will be looking at approx 10% of the purchase price.
New property: Regardless of purchase price 10% IVA (VAT) and 1.5% Stamp duty (AJD) are paid
THE SELLER is responsible for:
Plus Valia, Capital Gains Tax, Agents Commission 5% + 21% IVA, and their Lawyers fees
LEGAL or ACCOUNTING: If you would like further info on any of the above matters we can recommend a lawyer and or an accountant
UPDATE 29th April 2021: Reduction in transfer tax until the end of this year 2021
Reduction to transfer tax in Andalucía for all properties purchased by deed starting today 29th of April 2021 until the end of the year.
Decree-law 7/2021, of April 27, on reduction of the transfer tax and document tax for the promotion and reactivation of the economy of the Autonomous Community of Andalusia in the face of the crisis situation generated by the pandemic of the coronavirus (COVID19).
Specifically transfer tax on purchase of second hand properties is going from from the rate of 8%, 9% and 10% (depending on the purchase price ) to a single general rate of 7%
Before transfer tax on a second hand purchase was:
• 8% for the first 400,000 euros
• 9% between 400,000 euros and 700,000 euros
• 10% from 700,000 euros upwards.
Now there is one single transfer tax rate that has been fixed at 7%
Examples below of what you will save:
• On a property of 200,000 euros you would save 2,000 euros
• On a property of 400,000 euros euro you would save 4,000 euros
• On a property of 1.000,000 euros you would save 19,000 euros