1. It will be necessary for you to have a Tax Identification number to purchase a property, it is sufficient at the time of purchasing your property to have put in place the steps to acquire such a number. In Spain each person is assigned a tax identification number (NIE) which must be used on all communications addressed to the Tax authorities. In general the NIF of a Spanish national is their National Identification Number (DNI), in the case of foreign nationals the NIE is their Foreign Identification Number (NIE). These identification numbers are issued by the Directorate General of the Police, we are able to assist you with obtaining your NIE to purchase your property.

You now have to apply in person for NIE certificates - our professional staff will accompany you. This service, along with opening a bank account is free to our clients.

2. Once a price has been agreed between, purchaser and vendor, both parties should sign a contract, Contrato privado de compraventa, this is provided by the selling agent and sets down the details of the exact location of the property, the price agreed, name of the vendor or the vendors representative and the name of the purchaser or the purchasers reprentative and finally the date of completion, which can be as quick as 5 days to approximately 3 months. There are conditions attached to the contract which stipulate that should the prospective purchaser fail to complete, the deposit is lost and also should the vendor fail to complete the deposit is refunded to the purchaser. In Spain oral contracts have the same validity as written contracts.

3. A deposit of 10% of the purchase price is usually requested by the estate agent and this is held in a bonded clients account.

4. The legalities are dealt with by a notary, this is a public official who is assigned to deal with both the requirements of the purchaser and the vendor. The notary checks at the time of the completion that the property is not encumbered with debt, because in Spain debts are attached to property and in extreme cases it could be that outstanding mortgages are passed on to the purchaser.

5. It is necessary to have an independent translator at the notary, if your Spanish is limited, to ensure that you understand completely, all that is being explained.

6. The balance of the purchase price has to be paid on the day of signing at the notary, the purchaser and the vendor sign the Escritura de Compraventa. This sum should be paid in the form of a bank transfer from your Spanish bank account to the seller’s bank account or a certified cheque drawn on a Spanish bank , you cannot use an International draft drawn on a UK bank, and cash is not an option.

7. Taxes, these need to be paid within one month of signing at the notary, but in general the notary will ask for your bank details and the appropriate taxes (once they have been calculated) will be debited by the notary.

 PURCHASING IN FRENCH CATALOGNE.

1. The type of property that you intend to purchase governs the laws applicable, there are for example a very different set of regulation for purchasing for example a vineyard or a farm. If you intend to purchase a property with over 1 hectare of land there is a government department SAFER (The Societe d'Amenagement Foncier et d'Establissement Rural) to whom the Notaire would refer the sale papers. This department has the right to intervene in sales where there is land in excess of 1 hectare and decide whether that land should remain in agricultural use. This department very rarely exercises this right, but there is a legal obligation for all such properties to be referred to this body.

2. A price is agreed between seller and vendor. This is the first step of the sale and an initial contract prepared by the selling agent is signed, this is the Compromis de Vente, it is a legally binding contract for both parties, should the purchase be dependant upon finance then this should be entered into that contract. If either party fails to complete the deposit is forfeit .

3. There is a deposit payable, at this time which is generally 10% of the sale price. the deposit is held by the Notaire. The timescale to proceed to completion is usually 3 months during which time the necessary searches will be carried out.

4 Surveys are not the norm in this area, normally local buyers would ask the advice of an architect or an artisan for an opinion. It is prudent to carry out this type of investigatory work prior to signing the Compromis de Vente which is legally binding.

5. The Notaire, is a public official who acts in the sale. He is a public official and his responsibility is to the State to ensure that the completion is carried out properly in accordance with the relevant laws, accurately and to give the transaction absolute validity that cannot be contested.The Notaire carries out the relevant searches and liaises with the relevant government departments.

6. Completion, or the Acte de Vente is usually 3 months after the initial Compromis de Vente was signed. It is carried out at the office of the Notaire. You will have been told to provide your birth certificate and if applicable your marriage certificate translated into French. Also take your passport. The remainder of the purchase monies are paid to the Notaire who pays the vendor. The agent is paid by the vendor.

7. Fees and Taxes The Notaire fees and the property registration fees and taxes are payable by the purchaser. Insurance becomes the responsibility of the new owner at the time of signing the Acte de Vente.

8.NB French succession law is very complicated and eveb if you already have a will, you will need to take advice if you have specific wishes upon the disposal of your property after death.