The process of buying and selling property in Spain is different to that in England and Wales. In Spain, it is not compulsory to have a lawyer acting for either party, as completion takes place before a notary public (notario) who will assess the capacity of those involved. Once this has been undertaken, the notary will authorise the transfer of the property, and the monies and ownership of the property change hands.
Whilst the intervention of lawyers in not required, it is strongly advisable to appoint a reliable lawyer. The lawyer will be able to advise you on the private purchase agreement, which is similar to a down payment agreement, but is a legally binding agreement that cannot be terminated unless both parties agree to do so.
They can also carry out the due diligence on the property before completion. Problems often arise at these points in the process and therefore you will need to be represented by a lawyer who will protect your interests.
If either party cannot attend completion physically in Spain, they should grant powers of attorney in Spanish form in favour of their legal representatives. It is imperative that you appoint a reliable attorney as you are trusting them in the purchase of your home.
The Power of Attorney (PoA) will have to be drafted in bilingual column (English & Spanish) and executed before a notary public in the UK. Once signed it will be necessary to have it legalised with the Apostille of The Hague at the FCDO. Y-The PoA will have to be couriered to the attorney who will have to bring it in person to the notary’s office where completion will take place.
In terms of clauses, it is usual practice that the clauses are broad. This can be a concern at times for the person granting the PoA but generally speaking, a large number of faculties or powers will have to be granted. These will include accessing bank accounts (to transfer completion monies), applying for the Spanish NIE, appointing tax representatives (the tax authorities in Spain require that you appoint a tax resident to receive any tax notification on your behalf) amongst many other tasks.
How to Sell Property in Spain from the UK?
It can be difficult to navigate selling a property abroad, so we’ve put together a simple step by step guide on how to make selling your property in Spain easier.
- We recommend starting by getting in touch with a local estate agent close to your Spanish property, that’s both English and Spanish speaking to help you with the process of selling your property. They will likely know the local area well and be able to market your property to prospective buyers as well as take care of showing them around your property. You can of course choose to sell and market the property if you wish.
- Finding a Lawyer versed in Spanish law should be the next priority on your list. They aren’t required to sell your property, but they will help advise you on property purchase agreements and help ensure your interests are protected. Here at Buckles, we have solicitors who are accredited Spanish Abogados as well as English solicitors to help make this process run smoother.
- You will then need to find a notary (notario in Spanish) to help complete the sale, manage paperwork, and register the sale with the Land Registry. They are a neutral party in the process and work with buyers and sellers to follow the letter of the law. You agree on who your notary will be with the buyer, all Spanish notaries charge the same rate, regardless of location.
- If you aren’t going to be travelling to Spain to complete sale of your property, you will need to appoint your Power of Attorney. We mentioned above how much they need to be in control of and it’s important you choose someone you trust. They can work together with your lawyer to ensure everything related to selling your property is managed correctly and in your favour.
- Once everything is agreed and paperwork is drawn up you will meet with the notary, this is where everything is signed and completed. Your PoA will need to attend if you aren’t going to, it’s also recommended that your lawyer attends as well. The notary will inform the land registry of the sale, send copies of the deeds, exchanges monies and hands over the keys to the property to its new owner.
You do not need to travel to Spain to sell or buy a property unless you want to. If you do travel to Spain for completion, we strongly advise that your lawyer is present at completion as it is often the case that last minute amendments are made that may be significant.
