Property Transactions
BUYING PROPERTY IN SPAIN
When planning to buy a property in Spain, there are more things to consider, as Spain differs from other countries. The most important thing you should think about is to seek all relevant information on how the Spanish legal system works. This is not always the easiest, so it is important to hire the right help. DRConsulting with Desirée at the helm has many years of experience and can guarantee the perfect help and security for your investment and safety as a buyer.
A good broker is important as well as hiring a lawyer specialized in Spanish property law is essential.
DRConsulting with its lawyers go through property registers, land registry, tax authorities, electricity and water companies, municipal taxes and so on to ensure that no hidden faults, inheritances, or debts are in the background. This is to protect you and your investment in Spain. All information is then gathered and DRConsulting informs you in Swedish so that no misunderstandings occur.
Costs when buying
When buying in Spain, several additional costs are added in addition to the purchase price. Examples of these are the stamp duty, which in Andalucia is 7%, the so-called impuesto de transmisiones.
Notary and registration of title deeds cost between 1.5-2% of the purchase price. It is not possible to give an exact price as this varies depending on how many pages the deed will be.
Other costs that may be added are if you need to change the electricity and water meters, send out an inspector or need a bank loan.
The lawyer’s fee of 1% plus VAT (minimum € 1800) includes everything mentioned above with preparations for the reservation contract, private purchase contract, signing of the title deed, due diligence (the legal review), NIE number for everyone, open a bank account, pay taxes, change names on all contracts and set up insurance, and you can always ask us questions.
It is almost easier to say what the 1% plus 21% VAT does not include, and that is possibly a power of attorney if necessary or setting up a Spanish bank loan.
If you are buying a property outside Andalusia, please contact us for more information.
SELLING PROPERTY
Brokerage fee
When selling a property on the Costa del Sol, the brokerage fee is normally 5% + 21% VAT. For more expensive properties, this may vary slightly. (Our brokerage firm is happy to help you)
Lawyer’s help
The cost of a lawyer’s fee is normally 1% + VAT. If you use the brokerage firm Rogner & Andersson when selling your property, you get up to 20% discount on this. (minimum amount € 1800 + 21% VAT)
Plusvalía – Added value tax
Plusvalía is the tax you pay depending on how much your property’s land value has increased. It is a municipal capital gains tax. This varies depending on how long you have owned the property, the longer the time, the more expensive it gets. In some cases, you can completely avoid this tax.
Capital gains tax
Capital gains tax is the profit made by the seller in a sale. If you are subject to tax, the sale is included in your regular income tax return.
For non-residents, the capital gains tax is 19%. When the seller is a non-resident, the buyer’s lawyer withholds 3% of the total sales amount, and then a non-resident declaration (M210) is made to calculate the profit. If the profit is more than the 3% already paid, you must pay the difference, and if the profit is lower, you can apply to get the remaining or the entire amount back.
As a seller, you can deduct Notary costs and attorney fees from when the property was purchased, all invoices for improvements as long as they have an NIE number, name, and preferably an address. You can also deduct attorney and real estate agent fees from the sale.
If you are going to sell in an area other than the Costa Del Sol, please contact us for more information.
INFORMATION ON RENTAL UNDER 2 MONTHS
If you are going to rent out your property in Andalusia for less than 2 months, the Junta de Andalucia requires you to have a license for this, and the property must follow certain rules. See below what you need to register your property as a tourist apartment.
NOTE: THIS DOES NOT APPLY TO RUSTIC LAND
Requirements for tourist apartments according to Junta de Andalucía:
- The property must be approved for human habitation (LPO).
- The property must have direct ventilation outward or towards a patio. The windows must be able to be darkened.
- Be sufficiently furnished and fully equipped with necessary equipment for the number of sleeping places.
- The rental property must have a first aid kit.
- Tourist information regarding the area, medical services, transportation, maps, and cultural guide.
- Complaint form available for tenants.
- Cleaning at the start and end of the rental period.
- Change of bedding should be available in several sets.
- Emergency contact phone number so that the tenant can contact the landlord in case of incidents. Should be available 24 hours a day.
- Information and instructions on technical equipment, washing machine, AC, etc. Information about the internal rules for the use of common areas, equipment in the home, pets, smoking restrictions, etc.
- Before the rental begins, you must apply for a license for the activity. At the time of application, the landlord certifies that the property meets all requirements. It is recommended to prepare all documentation before submitting the application. In the event that it is discovered afterward that the property does not have the mandatory first occupancy license (LPO), this is a serious fault and can result in high fines.
- If there is no LPO, a similar document can be obtained, but a licensed architect, technical architect is required to verify that the property meets a minimum level of requirements for short-term stays. Often the entire association must be involved in this.
From the landlord: Name, contact number where he/she can be reached 24 hours a day, license number for rental (VFT/MA/xxxxx), exact dates of the visit, total price for the entire visit, total number of guests who will be staying in the property.
From the guests: Name, passport number (and copy of all passports), address in home country, contact information.
All tenants’ passports MUST be registered separately via an online login on the police website, which can be either Policia Nacional or Guardia Civil, depending on where you live.
Links to laws and regulations for rentals.
Decreto 28/2016, de 2 de febrero, de las viviendas con fines turísticos. (B.O.J.A. núm. 28, de 11 de febrero de 2016) (En lo sucesivo, el Decreto 28/2016 o, simplemente, el Reglamento).
Decreto 20/2002, de 29 de enero, de Turismo en el Medio Rural y Turismo Activo.
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