Sales Guide

Different aspects should be taken into account depending on whether the accommodation is for yourself or as an investment.

If the accommodation is for you to live in, in addition to objective criteria, other more subjective aspects will have an influence, depending on each person. We recommend that you assess the following aspects in particular:

The surface area necessary, in accordance with your personal needs. We do not recommend appraising the square metres, but rather the space and the distribution. Newly-built flats have fewer metres but are more practical and have fewer corridors.

• The type of property. For example, whether it is a modernist, old, refurbished or newly-built property.
• The direction that the accommodation faces. A south-facing dwelling will be bright and sunny, but energy consumption will rocket in the summer. Depending on the building and the construction material, it is important to assess the best direction that it should face to save on consumption.
• Refurbishment. Are you looking for a refurbished flat or to carry out building work? In the first case, what is the quality of what has been done? If it needs to be refurbished, how much will the building work cost? Consult us. We have the best professionals for refurbishment, decoration and interior design. We can manage all kinds of building work.
• Parking space or transport. This may form part of the same deed or be separate. If the parking space does not form part of the deed or does not exist in the property, a wide variety of parking spaces can be found in almost all nearby buildings. It is also possible to rent, council spaces being very competitive in relation to price and features.
• Other subjective aspects, such as for example whether you have relatives nearby, good communication links to work, the proximity of certain schools, sports facilities or other services, depending on your interests.

If the property is an investment, the search may have subjective aspects, but it will mainly be based on how attractive the area is, urban planning, the purchase price and at what price it can be rented in order to obtain sufficient profitability (starting from 5%).

This aspect is fundamental when assessing a future property purchase.

If the purchase is with a mortgage, the following points should be taken into account:

• It is recommended that the amount of the mortgage should not exceed 40% of your monthly net income. Divide your annual net income by 12 months and multiply by 0.4. This calculation will show you the ideal amount to pay each month.
• Calculate your personal savings to add to this amount.
• Add the transaction costs, which tend to be approximately 12% of the price. This calculation includes property transfer tax and fees for the notary, administration agency and registration.

Depending on the appraisal value and the amount of the mortgage, these expenses can be included in the mortgage, although nowadays this is not usually possible.

We offer clients guidance on the best financial option, bearing in mind their personal circumstances. We work with the main national banks and also with international institutions which offer other credit alternatives.

Reservation: This is a document prior to the deposit, which determines the price agreed upon, the period in which the deposit must be paid, and which confirms that the property will be free of encumbrances on the date of the deed. This reservation prevents it from being marketed until payment of the deposit, which normally takes place within a maximum period of 15 days, but does not imply a 100% commitment by the owner.

Deposit: This is a commitment to sell within a certain period. If the owner does not want to sell in the end, Article 1454 of the Civil Code is applied. This specifies that the owner has to repay to the purchaser double the amount paid. If, on the other hand, the client does not buy the property in the end, they lose the deposit. This quantity is normally 10% of the total purchase price. This deposit can be made after the reservation, or immediately if the client has 10% of the total price available.

Purchase option: This is a type of agreement between the parties, with or without a deposit, which determines a rental price with an agreement to sign a deed in a longer period. During this time, the amount of rent paid is deducted from the purchase price. In short, the owner finances part of the purchase until the client is ready to sign the deed in accordance with the price established. If the client cannot sign the deed on the date stipulated or stops paying the rent, they lose everything paid until then. This alternative includes numerous possibilities, the owner and the client being able to come to an agreement in accordance with the interests of all the parties.

Public deed: Once the owner and the client are ready to sign the deed, an official agreement is drawn up before the notary detailing who is selling, who is buying, what is bought and what taxes arise from this sale for the two parties. At this time the owner presents all the documentation which indicates that the property is free of encumbrances, up-to-date with the payment of taxes and communal expenses, the certificate of habitability and the energy performance certificate.

If one of the parties, the buyer or the seller, is NON-resident, they must provide a supporting document with a photo and signature for the purposes of their identification, in addition to the NIE (Foreigner Identification Number). They may have a certificate of residence, which already contains the NIE. The NIE is compulsory in all cases.

If the notary does not receive the original documents requested from the owner or they are incorrect, they will not sign the deed. They will also not sign if the owner fails to appear.

• Valid certificate of habitability, not expired and original: it is recommended to request it when the owner decides to sell the property.
• Energy performance certificate: In accordance with European regulations and from 1 June 2014, all properties which are sold or rented must abide by European regulations and request the certificate which classifies the degree of energy performance.
• Certificate from the owners’ association: This is a document which certifies that the seller is up-to-date with all the payments to the association until the date of the deed. It must be the original and must be signed by the administrator and the secretary.
• Certificate of encumbrances: If the flat has a mortgage outstanding, this mortgage is cancelled at the time of the deed, deducting what remains to be paid directly from the sale price. The seller must therefore request a certificate of the amount which is pending and provide the original. It is, however, present throughout the process in order to be able to prepare all the scenarios possible, and avoid any kind of unforeseen problem.
• IBI (Municipal Property Tax): The Municipal Property Tax is a tax which is charged annually. The seller has to provide proof of payment for the last quarter. The notary will check that there is no default with the administration before the signing.

All the payments must be made with a cheque guaranteed by the bank. Photocopies must also be enclosed with the deed itself.

A copy of the keys is handed over at the time of signing the deed or a departure date is agreed with those who are living in the property at that time.

Once the sale has been completed, the notary hands over a non-certified copy so that each of the parties can carry out all the tax formalities and pay the taxes.

• Municipal Capital Gains: The seller must pay it within a period of 30 calendar days. The amount is calculated by the council and it is recommended to take it into account in the estimation of costs.
• ITP (Property Transfer Tax): The seller also has to pay for the increase in value that occurs due to the difference between the price at which they bought and the price at which they sold. This property transfer tax is paid in the following tax year. The first €6,000 are charged at 19% and the rest at 21%. A whole series of exceptions exist depending on the seller’s situation: age, dependency, etc. Please send us an email if you have any query. If the accommodation sold is officially the seller’s main residence, and they buy another main residence within the following two tax years, they will be exempt from having to pay this tax. It should also be considered that, if it is the main residence and the party selling is a married couple or a common-law couple, the non-holding spouse must authorize the sale with their signature.

If the seller is NON-RESIDENT, 3% of the amount to be paid will be withheld, in order to deposit it with the Spanish tax authorities. Depending on the agreement with each country, once the payment or the exemption has been demonstrated, a refund or whatever is appropriate can be requested. The notary’s office will likewise withhold the amount of Municipal Capital Gains tax on signing the deed in order to avoid its non-payment if the seller leaves the country.

Buyer

At present, in Catalonia, the same percentage of tax is paid both if the accommodation is newly built and if it is second hand, although VAT is paid on newly-built dwellings and Property Transfer Tax if they are second hand.

Newly built:

• VAT, 10% of the total value of the property.

Second hand accommodation:

• ITP, Property Transfer Tax: 10% of the total value of the property.
• AJD, Legalization of Documents Tax: Whenever a public document is drafted before a notary, 1% of the value of the property must be paid.
• Apart from these expenses, which amount to 11%, there are registration and registry entry expenses, which vary depending on the institution which carries out the registration (bank or administration agency) and the value of the accommodation. About 1% more should be counted, the total amount being between 12% and 13%.

If the buyer is NON-RESIDENT, they shall have to request a NIE (Foreigner Identification Number), which is compulsory to be able to complete the sale. They will moreover have to present a document with a photo (passport) in order to certify that they are its holder. Since the tax obligation occurs in Spain, the taxes established in Spain will be paid.