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Frequently Asked Questions
We've listed below the questions most frequently asked by our clients about buying property and living in Spain. If these do not answer your question or you require further information, please contact us - thank you.
We are a little worried about making such a change by moving to Spain, will we be alright?
You will be absolutely fine, everyone feels a little bit hesitant at first (even we did). This usually gives way to tremendous excitement about the possibilities that will soon open up to you, and you will find that you just cannot wait to go the whole way.
Do I need to use an Estate Agent?
The obvious answer is no. However, it must be clearly understood that Spain is not Britain - no matter how anglicised the tourist areas of Spain appear. The laws are not the same, neither are the business practices. Experience and local knowledge are all important.
Once you have made your decision we will introduce you to an english speaking lawyer specialising in conveyancing in the area. There is no need to use a lawyer in the UK as he would still have to use a a Spanish lawyer resulting in two sets of legal bills. All communications from your Spanish lawyer will be in English language.
After the purchase, we will have available the full range of ancillary services - assistance with relocation and furnishings, help with water, electricity and gas contracts, advice on schooling, banking, insurance, health cover, car purchase etc. All the million and one things that a newcomer in a foreign country needs help with.
No you dont need to use an Estate Agent - But it certainly helps!
Can the price change i.e. increase?
Price changes are made by the builder or developer and are beyond our control, therefore pricesare subject to change without notice, however once you have paid a deposit on your property the agreed price cannot be changed. Prices can fluctuate depending on exchange rate.
Escritura and Notary
The Notary is a semi-public official who is legally qualified and appointed by the Spanish Government. His offices are know as a Notaria and will be fully computerised and highly efficient.
The Notary prepares the Title Deed (Escritura) from the information given to him by the vendor and his lawyer, The Notary certifies that the Escritura complies with the Spanish Law and witnesses the signature of both the buyer and seller.
After I've bought my apartment or villa what overheads will I have?
Community charges - Most apartments and town house complexes are subject to community charge. This payment covers such items as cleaning and maintenance of communal pools, lighting to corridors and public areas, lift maintenance, building insurance (often, but not always), maintenance of communal satellite tv antenna and cleaning of public areas.
What is an N I E number?
This is the Numero de Identificacion de Extranjeros. All property owners in Spain - whether resident or non-resident, must obtain the NIE. It's simply a fiscal ID number. You will not be able to pay your taxes or register your property without it.
Is the property freehold?
Yes! All residential property is freehold in Spain.
Do I have to be here for each stage of the legal process?
No, you can instrcut your lawyer (power of attorney) to act on your behalf, even for the final completion.
Exchange Rate GBP to Euros
When you have purchased your home in Spain you will need to pay in Euros (resales in one or two stages and new builds in about four stages). There are a number of companies that aim to provide the very best exchange rate, therefore, your property purchase can become less expensive. We will be pleased to recommend a number of companies, where you will be assigned a dedicated dealer who will guide you through your transaction.
Spanish Residency will I need it?
If you do not plan to stay in Spain for more than half the year (182 days to be precise), then as as EU national you do not need to obtain a residence card.
A Spanish Will
When purchasing freehold property in Spain it is advisable to make a Spanish Will. You need to make a Will disposing of your Spanish property in order to avoid time consuming legal problems for you heirs. You can make a seperate will disposing of your assets outside of Spain.
The Will is registered at the Notaries Office. Your solicitor will provide the form, personal details can then be inserted.
Form E121 for Permanent Pensioner Residents
If you are a pensioner and have contirbuted to the National Health Service of your own country, and that country has an agreement with Spain on health services, you can also be covered if you stay for longer periods in Spain, or if you become a permanent resident here. The you need to bring form E121 in two copies with you to Spain, and register it with the Spanish Health Authorities.
If you are under retirement age and do not intend to work in Spain, then it is a condition of Residence in Spain that you take out private medical health cover. Some of the larger private medical health providers in the UK off schemes suitable for British residents in Spain. Alternatively, there are numerous insurance brokers in Spain offering a range of Healthcare insurance policies.
Form E111 for Non Residents
If you are covered by the National Health Service of your country and that country has an international agreement on reciprocal health services, the best solution for someone who wants to stay in Spain for one or more shorter periods without becoming resident is the form E111. The E111 Form is issued by the National Health Service (available at post offices) in your own country, and you should have it together with your passport, ready for any emergencies. You will have to use the medics, health stations or hospitals of the NHS in Spain called INSS. If you go to a private doctor or hospital, they will ask you to pay.
We must stress that the E111 is to be used only in Emergency, not for the treatment of chronic illnesses or for taking an operation in Spain that you would have to wait a long time for in your home country. But if you run out of your normal medication while staying in Spain the E111 can be used. If your E111 is valid and you are using it for emergency treatment, you will not have to pay for the intervention of the medic, the stay in hospital or for the medicine.
How do the Spanish feel about Foreign Residents?
In our experience, there is rarely any animosity to foreigners in Spain. It should be remebered the Spaniards are a naturally friendly, tolerant, very family orientated and gregarious people - eager to learn about your culture and introduce newcomers to their customs and way of life. However, if you really want to be accepted into the community, put learning a little Spanish at the top of your list of priorities.
Retirement in Spain
Gracious living for the retired, if you're looking to relocate to an area with a warmer climate, a country where the cost of living is more affordable, an environment where you can wind down and really enjoy living to the full, then it has to be SPAIN.
However, there are two main concerns that prevent people from making the move. The first is claiming your pension. This is one area where the European Union has shown tangible benefits for the ordinary person, because a citizen of any European country can now draw their state and personal pension in any other country within the EU. The other concern is Health Care
What about Medical Care?
The Spanish National Health Service is available free to senior citizens from Great Britain. Ladies over 60 and men over 65. The service is excellent and generally considered to be superior to that in the UK.
Spanish Banks
The full range of banking services are available - deposit account, cheque books, cheque guarantee cards, weekly or monthly statements, direct debits, investment advice, mortgages etc. Almost certainly at least one member of staff will be English Speaking. Utility accounts such as electricity and water, community charge, local rates, telephone bills etc, can be paid by direct debit - invoices go straight to the bank for payment. Senior citizens can have their British State Pension paid direct to their Spanish bank account.
Renting & Income from a Property
These days a holiday home in Spain requires a substantial investment and only the wealthy can afford to leave their property unexploited. Obviously the amount of rental income that can be expected depends on the property concerned. If the property is in one of the major tourist areas, then demand to rent is high. Properties in less well visited resorts and in the countryside are rentable - but demand is much lower.
So-called 'land grab' laws in Spain
There has been much scaremongering in the British press and on TV (Holiday Homes from Hell) of late, which although it has helped by highlighting an issue of relevance to some, has tended to sensationalise rather than properly inform. Headlines and quotes from angry expats have suggested that a cruel Spanish system is kicking people off their land completely or forcing them to pay for infrastructures they don't want and/or taking some of their land for private gain.
The majority of this coverage about the difficulties facing some British buyers of homes in Spain, relates to emphasis on those affected by a law that came into force in the Valencia region in 1994. In this document we clarify the general position and also how it relates to the vast variety of properties and locations throughout Spain.
In brief, the issue revolves around three classifications of land - land already urbanised, land suitable for urbanisation and rural land. As in any country, when an area grows then rural land is sometimes re-classified by the local authorities as suitable for urbanisation (development). A law was introduced in Spain to prevent individual owners of rural property in areas that have been re-classified standing in the way of developments that would benefit the community as a whole, by improving services or creating affordable local housing. In recognition of the fact that the value of their property would increase significantly, the laws oblige these rural owners to contribute with cash and/or part of their land towards bringing in benefits such as mains water, sewerage, new roads etc., even though they may not want such facilities, preferring the old rural ways.
Unfortunately, in one area of Spain the law was badly drafted, allowing a small number of developers and local authorities to exploit the situation against the interests of property owners, principally in coastal areas where land is in shorter supply and values are at their highest. As in the UK, notices of intent must be published, but just 15 working days are allowed to present an alternative urbanisation plan or an objection. Since many landowners are absentee and foreign, this can cause a breakdown in the process.
Firstly and most importantly, this particular version of the law only applies to the Valencian Community, i.e. the provinces of Alicante, Valencia and Castellón. In practical terms this means the Costa Blanca and the Costa del Azahar, plus their inland areas. The rest of Spain has different versions of the law and we have not had reports of any problems, although there qualified legal advice should always be taken wherever you buy.
Secondly , the law does not affect anyone with an interest in property in an area already urbanised or designated as such. This represents virtually all apartments, townhouses and other linked properties, plus a large majority of villas. The Spanish designation 'urbanised/urbanisation' does not necessarily mean a complex with a pool etc. - most streets of detached villas are in such zones. Purchases in such zones remain unaffected, although buyers should still take independent legal advice. There are nearly a million British people with an interest in a home in Spain. Only a small fraction could be faced with this problem. The large majority of owners of property in Spain have never experienced any significant problems in their many years of owning property there.
Thirdly , these cases are not an anti-British campaign by the Spanish, the small group affected has Spaniards and other nationalities as well as British.
Lastly , anyone who purchased and used the services of a good independent lawyer should have been fully informed as to any effect this law might have on them.
In summary independent legal advice continues to be the best way of protecting yourself when buying a property in Spain, no matter what the property or location. Beyond that, only those considering buying property in the area of the Valencian Community AND outside of an existing urbanisation (be it of apartments, townhouses or villas) need concern themselves about this particular law, although the same principals relating to advice apply wherever in Spain you wish to buy.
Can I take my pets to Spain?
The Pet Travel Scheme (PETS) started on the 28th February 2000 and allows cats and dogs resident in the UK to visit certain other countries and return to the UK without quarantine, provided that certain conditions aremet. This is to prevent the transmission of disease from country to country. If you intend to bring your pets to Sapin, then there is a lot of paperwork and trips to the vet before you can even consider taking your pet abroad. At the moment the following documentation is required:
1. A certificate showing the rabies blood test result.
2. A certificate showing the animals microchip number.
3. A vets log that the animal boosters are up to date.
4. A PETS 5 Certificate. Have you another question that's not covered here?
Please Ask!
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