MY SERVICES WHEN BUYING A PROPERTY IN SPAIN WILL INCLUDE:
1.- LEGAL ASSESSMENT PREVIOUS TO EXCHANGING CONTRACTS.
You have to be sure that the property that your buying has the same information an description as is in the deed, and it is free of loads, charges, taxes and tenants, therefore, it is VERY IMPORTANT to contact a lawyer before signing a private contract to secure the property or pay the deposit. If you contact a lawyer before signing the private contract, he would be able to advice you about including some clauses to protect you and save you money.
Due to the new Laws on money laundering, the non residents are not able to pay in cash more than 10.000€ without filling the form S1. The best way to pay the seller is a bankers draft from your Spanish bank at his/her name; this way you will be able to prove where the money comes from.


2.ASSISTANCE AND TRANSLATION IN THE SIGNING OF THE DEED.

f you do not speak Spanish you will need a translation service to sign the deed, and I will be there to sort out any last time problem and act as a translator.
3.- PAYMENT OF TAXES, (7% OF THE DECLARED VALUE)
If you want to have your deed registered at your name you have to pay this tax. It’s paid in the land registries and it is 7% of the declared value.
If you are buying a new property or a second hand restored property sold by a company, you will pay VAT. The VAT you will have to pay will be 7% of the declared value, but also you will have to pay 1% of the declared value as the stamp duty.
I usually ask the client on the completion date for financial cover to pay all the legal fees and taxes. This financial cover will depend on the property value.


4.- PAYMENT OF THE NOTARY AND LAND REGISTRY’S FEES.
The final amount that you will be paying to the notary and land registry will depend on the declared value, the number of sellers and buyers, it is not a fixed price, but the notaries and land registries have their prices legally established.

5.- COLLECTION OF THE DEED FROM THE LAND REGISTRY.
It will take one or two months to have the deed and your ownership right on your property registered at the land registry.

6.- CHANGE OF THE OWNERSHIP AT THE INLAND REVENUE OFFICE (CATASTRO).
The “Catastro” is the Inland Revenue office, and if the deed does not include the last receipt paid, it is important to fill in a form to communicate to the tax department (Catastro) that you are the new owner of the property. The tax you have to pay for owning a property in Spain is not very high, depending of the price of the property and are paid once per year, between September and November.

7.- IF THE PROPERTY IS NOT REGISTERED AT THE LAND REGISTRY.
The first thing to do will be to research why it has not been registered and whether it will be possible to registry it or not, and what documentation will be necessary. Normally a certificate from an architect and a survey (maps and plans) of the property are required.   

Victorio Heras García.
LAWYER
Spanish and independent lawyer with wide experience in conveyancing
for English people in the Granada area, specialized in rural-inland properties and cave-houses.
Law degree at the Complutense University of Madrid.
Master in Town-Planning Law at the Carlos III University of Getafe (Madrid).
Member of the Madrid Lawyer’s College.
Fax: 34 958 73 49 51. Mobile: 34 647 46 00 99

1.- LEGAL ACTIONS.
Lawyers are like doctors, none want to need one, but if you have to bring an action against, or someone has suited you, to have an English speaker lawyer on your side, can be very helpful. I can help you on civil, criminal and administrative legal actions.

2.- ASSESTMENT TO GET THE N.I.E (foreign identification number) OR THE RESIDENCE CERTIFICATE.

You will need to obtain the NIE number (foreigner identification number) before signing a title deed to buy a property in Spain. You can apply for it yourself as it is very easy (see link’s section), but if you need help or you want to save the queue at the police station I can apply for it on your behalf.

3.- WORKS LICENCES TO BUILT OR REBUILT A PROPERTY.
To apply in your Town-Hall for the works licence necessary to built a new house or rebuild an old one. Depending of the king of restoration and the Town Hall you might need a project sign ed by an architect. There is a tax on the planning permission that is normally the 2% of the project’s estimate.

4.- LAST WILLS
According to Spanish civil Law, the inheritance law to apply to foreigners is their personal Law, even if they make their Last Will in a different country.
The probate will be done in England, and later if will have to be translated, legalized (attach an apostille-legalisation certificate) and then sing an inheritance title deed in Spain.
It will make things easier to your heirs if you have a Will done for your Spanish assets and properties.
My fee included drafting out the Will by email and assisting to the notary office as translator/interpreter.

 

www.euromover.net the local moving company

http://www.defensordelpueblo.es/index.asp the ombudsman office.

http://www.atencionglobal.ocu.org/index.asp?prm_id_c=6444&cop_id_
c=8194&&EntryPoint=index.html&IdCreativity=611&IdZone=9038
one of
the most important consumers association in Spain.

http://sigpac.mapa.es/fega/visor/ This is the link to a webpage to have aerial
pictures of rustic plots and properties.

http://ovc.catastro.meh.es/ Inland revenue office.

http://www.minhac.es/portal/ Tax Ministry

http://www.mir.es/ in this web page you can get information and application
forms regarding the NIE number and residency certificate.

http://www.fco.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/Show
Page&c=Page&cid=1007029391440
 this is the web page of the legalization
office in London to legalize all public documents signed by notaries and solicitors
in England.

 

 

TO WHOM IT MAY CONCERN
We met Victorio whilst buying a plot of land in the Castril, province of Granada, and have had other occasions on which to need his services.
Concern
He is professional and efficient, whilst at the same time being sympathetic and uncomplicated in his approach to the matters at hand. His assessment of any situation is swift, and his explanation of the same is straightforward. It has been very reassuring to know that when he is asked to help, that help is given willingly, even at the cost of his own time.I have every confidence in recommending him to anyone who needs his services.
Grace and Gregory Fauntleroy Brand
"Los Garandinos" Castril -18816- Granada
AN OPEN RECOMMENDATION
Victorio Heras García came highly recommended to us as a legal representative and after initial contact by e-mail we had no hesitation in employing his services for the purchase of our property.
Although our contact has been mainly by e-mail (due to the distance between our temporary accommodation and his office), Victorio’s response is always immediate and our questions have ranged from “residencia” to “fly-tipping” of rubbish on our neighbour’s ground. The answers are always well informed and concise and un-like British Solicitors, Victorio will always tell us if we could perform a task ourselves rather than pay him to do it.
RECOMMENDATION
Our first meeting was on the day that we signed for our property, as first time buyers in Spain we were a little apprehensive but that feeling soon dissipated, Victorio is calm, collected and very professional, he kept us informed throughout the five hour wait at the notary office and when a problem did arise he dealt with it swiftly and the signing went ahead.
When we received our final account we were pleasantly surprised to see that the sum was less than the original quote and he had also forwarded every receipt of expenditure with a translation for each where needed.
Over the past eight months we have come to think of Victorio more as a friend to turn to than a solicitor, he is scrupulously honest and hard working but most of all he’s approachable and goes that “extra mile” for his clients, we cannot recommend him highly enough.
Matilda Kennard-Troughton and James Moseley
La Marina. Elche-Alicante
RECOMMENDATION
My wife and I have recently purchased property in Spain. We had not arranged a lawyer before we came to spain and were recommended Mr. Victoriho HERAS. Ever since we met Victoriho we have found him to be a very thorough and professional person, he spent a long time examining the escatura for our property with ourselves and the sellers. Victoriho has also kept in touch with us in the U.K. via e-mail. We have never felt that we weren't sure about things which were happening, Victoriho has kept us fully informed and speaks very good english.
We have no hesitation in recommending Victoriho to anyone who is seeking to buy property in Spain,and as a Police Officer I do not make these comments Lightly.
Anthea and Nigel Taylor
 
TESTIMONIAL
Dear Victorio,
Thank you again for your prompt reply. We would wish Chris to sort out the taxes as he is local for us.
At this point may  I take this opportunity to thank you for the service you have provided. Having worked 25 years in the financial services industry I find the levels of service you have provided a credit to the legal profession. In the UK it is not uncommon to find responses to letters and e-mails taking several\many days. You have however replied immediately and given straight, precise and uncomplicated responses. This is exactly what a client requires. You have guided us skillfully through the process of house purchase and making wills. I would have no hesitation in recommending you to any prospective client.
You can use any part of this e-mail to further your English based clientele. You may also quote my name and town of residence
Paul M Steel
Former Manager Halifax PLC

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