When it comes to buying a home in Northern Spain, we know that navigating the legal side of things can feel overwhelming. That’s why we turned to our trusted legal experts, Juan and María from BGI Law Galicia, to get answers to some of the most important questions we get from people just like you. Whether you’re seeking an off-grid sanctuary in Galicia, a historic stone dwelling in Asturias, or anything in between, these insights will help make the process clearer.
- What are the key legal steps to take when buying a property in Spain?
When buying property in Spain, it’s essential to follow a clear legal process to ensure everything is in order:
- Review Legal Documents: Make sure a qualified professional reviews all legal documents confirming the property’s ownership and ensuring there are no debts or legal issues tied to it.
- Check Official Registers: Confirm the property details in the relevant registers, like the Property Registry and Land Registry (“Catastro”), to ensure everything is correct and there are no urban planning violations or outstanding debts.
- What legal checks should buyers always request before buying?
Before moving forward with the purchase, you should always ask for and review:
- Title Deed: This proves the seller’s ownership and confirms the property is free of debts.
- Property Registry: This ensures the property’s details are accurate, including the ownership and any possible mortgages or liens.
- Land Registry (“Catastro”): Check the property’s physical description matches what is registered.
- Administrative Records: Make sure there are no issues like urban planning violations or penalties tied to the property.
- How does buying property in Spain differ from other countries like the UK, the US, and the EU?
The buying process in Spain has both its pros and cons compared to other countries:
- Cons:
- Bureaucracy: Spain has a more detailed process, requiring a thorough check of documents, titles, and registers, which can be time-consuming.
- Longer Process: Coordinating with various institutions (Notary, Property Registry, Land Registry, etc.) can make the process take longer than expected.
- Pros:
- Higher Legal Security: The detailed checks ensure a secure and transparent transaction, protecting both buyers and sellers.
- Cultural and Touristic Value: Buying in Spain, especially in regions like Galicia and Asturias, offers unique cultural and scenic advantages.
- What role does the notary play in a property transaction in Spain, and how does it differ from the role of a lawyer?
The Notary is crucial in Spanish property transactions:
- Notary’s Role:
- Verification and Authentication: They verify the legality of the transaction, authenticate signatures, and certify the validity of the agreement.
- Public Deed: The sale is formalized through a public deed, ensuring legal security for both the buyer and the seller.
- Registration: After signing, the notarial deed is registered, giving it legal effect and making it public.
- Differences with Lawyers:
- The Notary is an impartial public official who ensures the transaction is legal.
- Lawyers represent and advise their clients, reviewing contracts and helping with negotiations and verifying the property’s legal situation.
- What are the best visa options for non-EU buyers after the Golden Visa ends in April 2024?
Even after the end of the Golden Visa, there are still good options for non-EU buyers:
- Non-Lucrative Visa: Ideal for those who want to live in Spain without working. You’ll need to prove sufficient income and have private health insurance.
- Digital Nomad Visa: Perfect for remote workers. It allows you to work for a company abroad while living in Spain.
- Other Customized Visas: Depending on your situation, there may be other visa options (for investors, entrepreneurs, or skilled workers), so it’s best to seek professional advice.
- Are there restrictions for non-EU buyers when buying property in Galicia and other regions in Northern Spain ?
- No General Restrictions: There are no specific restrictions for non-EU buyers in Galicia or other regions of Northern Spain.
- Military Authorization: In certain strategic areas of Spain—including coastal regions, border zones, and specific islands—property purchases require a military background check. Essentially, this is a standard security clearance to ensure the buyer doesn’t pose any national security risks. It’s primarily a criminal background verification process that applies to foreign buyers purchasing property in sensitive locations. Most buyers pass this check without issue, as it’s simply screening for serious criminal history that might raise national security concerns.
- What legal issues should buyers be aware of when purchasing an old house in need of renovation in Galicia?
Buying an older property in Galicia requires some special checks:
- Urban Planning Compliance: Always check with the local town hall or Xunta de Galicia (the regional government of Galicia) to ensure the property complies with urban planning regulations.
- Rural Land Compatibility: If the property is on rural land, make sure it’s legally zoned for construction or renovation, as there are strict regulations about modifying rural properties.
- Regularization: In some cases, it may be possible to regularize constructions, but this requires legal advice to navigate.
- What taxes do buyers need to consider when purchasing property in Galicia and Northern Spain?
- Property Transfer Tax (ITP): Usually 8% of the purchase price for second-hand properties.
- VAT (IVA): 10% for new properties sold by a company.
- Municipal Capital Gains Tax (Plusvalía): Paid by the seller, but sometimes it may be negotiated for the buyer to cover this cost.
- What ongoing costs should owners in Galicia or Asturias expect?
Once you buy your property, there are a few ongoing costs to keep in mind:
- Property Tax (IBI): An annual payment based on the property’s cadastral value.
- Community Fees: If you buy in a community of neighbours or an urbanization.
- Insurance and Maintenance: These include home insurance, regular maintenance, and repairs.
- What’s the best advice for international buyers in Galicia and Northern Spain?
The most important advice is to work with a local lawyer who understands both Spanish and English and has experience with the local urban planning laws—especially in coastal or rural areas of Galicia and Northern Spain. Having a trusted legal expert by your side can make all the difference in ensuring a smooth and secure purchase.
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Are you thinking of relocating to Green Spain? We’re here to help—finding the right home, handling the legal side with our trusted experts, and taking care of your full relocation journey. Get in touch and let’s chat about your plans!
Your Galicia & Green Spain Property & Relocation Team:
Southern Galicia
Caroline Harris @ caroline@galiciagreenspainproperty.com
Lucie Prokopova @ lucie@galiciagreenspainproperty.com
Northern Galicia
Estefania Rua @ estefania@galiciagreenspainproperty.com
Asturias
Donna Gonzalez-Linnitt @ donna@galiciagreenspainproperty.com
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