Do I need a lawyer/solicitor when buying or selling a house?
It is advisable to consult a professional before pre-agreeing to terms and conditions, as well as having someone who knows the process and have you best interest in mind. It is important to ensure that the property or the buyer are securer and everything is in order and at ABAD will have at our disposal the resources to achieve this quickly and efficiently making sure there will be no surprises later on.
It is important to have all the information, such as in the case of a second had property to ensure the no pending debt and have a survey done and for new builds and under construction it is essential to have the builders progress check and check that the land is registered and the build licenced.
Do I need a NIE number to buy a house in Spain?
Yes, you do. It is a legal requirement in Spain to have a NIE, acting as a state identification and a tax code. It ensures that everything from the sell is properly linked to the correct taxes and that they are registered with you. ABAD solicitors are happy to assist in obtaining it be granted power of attorney to get it on your behalf.
Do I need to be present to a completion?
No you do not. If you are unable to be present at for the notary to complete the buying or selling of a property, then power of attorney can be granted to ABAD enabling us to act and sign for you. The power of attorney permission can be granted through a public notary either in Spain or in the country you reside in.
Do I need to be present to get a NIE number?
No, you do not need to be present. If you grant power of attorney to ABAD solicitors everything can be done form your country of origin, or where ever you are at the time.
Do I need to become a resident and how I apply for residency?
Yes and No. Yes if you intend to stay in Spain over the given legally permitted period of three months (90 days). In this case, you will need to be present yourself in person at your local police station and submit an application and documentation to support it.
If you do to stay in Spain then no you do not need to apply. However you will still have to renew you NIE number and have an active NIF code.
If you do apply for residency it does have benefits, such as linking in with your NIE and giving longer periods between renewals.
Do I need to do anything after buying a property in Spain?
Apart from enjoying your new purchase, very little, however we do advise the following after service, which ABAD can provide.
Making a Spanish will.
Registration with tax authorities.
Fiscal representation, like tax returns.
As well being able to make a little easier we are happy to help with utility activation, ensuring property is on the land registry and mortgage aspects you would like your assistance with.
How do I get my NIE number?
Obtaining a NIE number consists in registering with the local delegated police station or foreign office, taking with you various documentation to support you application. In particular you will need to prove the reason for your application, like intent to buy a house contract. All the paperwork is in Spanish and can be very difficult knowing what to do if you don’t speak Spanish or have never done it before.
ABAD lawyers are very experienced at completing the process and it would be our pleasure to assist you throughout the process, or do it on your behalf, with power of attorney.
What are the costs involved in buying/selling a property in Spain?
There are unfortunately various costs and expensive to consider in Spain in terms of taxes, and it is important to get it all right the first time to avoid paying more than you should, and getting fined later on. Taxes to bear in mind are property tax, resident tax and non-resident tax, land registry, government authority charges, notary charges, bank fees and documentation expenses. In order for taxes to be correctly issued you need to have an active NIF code and a NIE number.
What is a NIE number and what is a NIF number? Do I need them both?
A NIE number is a personal identification number including the allocated tax code, it includes some personal details. The NIF number is purely the tax code allowing you to have a fiscal presence in Spain, it also links all your corresponding tax information and due payments. Even though you may have obtained your NIE number, is does not mean that your NIF number is registered correctly and active. It is important to make sure this is the case, which ABAD is at your disposal to do for you.
It is important to have both as the NIE is needed for every day activity, such as banking and the NIF is the associated tax number needed for taxes, such as tax returns.
What power is attorney and how do I grant it?
Power of attorney means you legally give permission for someone other than yourself to act in your name. This means they are able to sign documents on your behalf. Specific permission is given for each activity and is stated in a contract both parties sign. For example, if it is just for the NIE, then only permission is given for the completion of the NIE application. More permission can be granted should you want.
This allows you to not be present in Spain.