Legal Glossary – Buying Property in Spain

When buying property in Spain questions may appear like: purchase agreement, certificate of occupancy , municipal tax, etc. and they are important to understand during the buying process, here you can find all the answers you need:

Agent

someone who acts on behalf of someone else. For example, a conveyancer who acts on behalf of a couple buying a house.

Agreement 

where two parties reach consensus on a set of facts or course of action. For example, when a formerly married couple agree the terms of their divorce.

Barrister

a lawyer regulated by the Bar Standards Board, often specialising in court room representation, drafting pleadings and expert legal opinions.

Basic Fee

The fee charged by the solicitor for their time and skills. This is most often calculated as a percentage of the property’s sale price, although it can also be calculated as a fixed-fee or on a per-hour basis

Capital gains tax on the sale of property

Any capital gain from the sale or transfer of assets located in Spain has a fixed tax of 24% for Non-Residents, being 19%, if it is resident in any other country of the European Union.

Certificate of occupancy

A certificate of occupancy is a document that’s issued by a local zoning or building department stating that a home or property is suitable for occupancy. But to be considered suitable, it needs to be compliant with the building code that applies in that area (which means it needs to adhere to safety standards).

Deposit or down payment

The down payment is a fixed element in the purchase agreement in Spain. The moment there is agreement about the purchase, a provisional purchase agreement will be drawn up. One of the most important elements in the purchase agreement is the down payment.

Muncipal tax on the increase of land value

The municipal tax on increase in urban land value (known as the plusvalía municipal) is currently being charged by the municipal authorities on all transfers of real estate, regardless of whether the result for the vendor is a gain or a loss.  In the light of the increase in the cadastral value of real estate, which more and more frequently exceeds the market value, this tax has become a priority for municipalities and is an issue that must be evaluated by vendors, especially where the sale is made at a loss.

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