Buyers Guide

Carling Petri · 2.- Basic necessary Formalities

With this guide, we do not intend to replace the need for specialised and personalised attention from one of our qualified professionals when buying a property in Spain. Our aim is to provide a general idea to the basic questions which may come up in this important and sometimes delicate process. The information in this guide applies to standard buying and selling procedures; it may be the case that your situation and procedures are different from the situations and procedures described in this guide.

2. BASIC NECESSARY FORMALITIES

There are various basic formalities you must take into account when completing your property buying process in Spain:

2.1 POWER OF ATTORNEY

To have legal representative in Spain, it is essential that you grant Power of Attorney in the favour so thez can act on your behalf. With this Power, thez are able to sign contracts, deeds and all documentation related to your purchase process. thez will draft the Power of Attorney which can be signed, at your convenience, either in Spain or in the country of your preference. Whenever applicable, thez will also provide instructions for the Power to be stamped with the Apostille of The Hague or Consular legalization, making the Power valid in Spain.

2.2 N.I.E. (Spanish ID Number for Foreigners)

The N.I.E. is the ID number that foreigners use in Spain, and is issued by police authorities. Without this ID number it is impossible to buy properties in Spain or obtain service contracts for utilities. Applications to obtain a N.I.E. number tend to take certain time to process, so it is very important to present your application for a number at the beginning of the buying process.

2.3. SPANISH BANK ACCOUNT

It is essential to have an account in a Spanish bank in order to contract utility services and to pay them by direct debit. Your local lawyers are able to open a bank account in Spain on your behalf.

2.4. SPANISH WILL

Although it is not compulsory to have a Will in Spain, we strongly recommend you to have one. A Spanish Will usually makes procedures easier and quicker in Spain. Without a Spanish Will, finalising an inheritance procedure can take up to one and a half or two years. Spanish authorities apply tax penalisations if these matters are not dealt with promptly.

According to Spanish law, when a property is jointly owned by two people and one of them dies, their part is not automatically transferred to the other title holder. It will be transferred in accordance with the Will of the deceased, or, if there is no will, in accordance with laws on intestate succession.

Buy with us

CarlingPetri offers the most exclusive and premium real estate services in Marbella and along the Costa del Sol. Their bilingual staff of dedicated experts share a passion for optimising their customers’ real estate needs and have the experience to turn dreams into reality. Speaking English, Spanish, Dutch, Swedish, Danish, Norwegian, Polish and French to ensure you are prepared every step of the way.

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