Col·legis i associació d'agents immobiliaris

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When we have finally decided on a home and we have agreed the price with the intermediary or the owner we will have to do the following procedures:

1- Request the documentation

2- Make the reservation of the apartment

3-Request the mortgage

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How I can know that an agent *immobiliari is an agent *aicat with all the guarantees?

Entering the flat web of the Agency of the House of Catalonia of the Generality of Catalonia and checking if his Agent figure like Agent Registered, AICAT.

I am a SELLER / A. What expenses do I have to pay?

  1. The mortgage loans, if any.
  2. The amount on the increase in the value of the land, said Goodwill.
  3. The tax on real estate, IBI. (On 06.15.2016, the TS established that "the seller who pays the IBI, port to pass on the buyer based on the time in which he held ownership)
  4. Those of the intervention of a real estate agent.
  5. Garbage Rate
  6. Those of obtaining the documents of:

    - Certificate of occupancy. (Duration of 15 years)
    - Energy Efficiency Certificate (Duration of 10 years)

I am a BUYER / A. What expenses do I have to pay?

  1. The price of housing.
  2. The VAT if it is a new work is 10%. For officially protected homes it is 4%. More information on the web
  3. The tax on legal acts currently documented 1.5%, to protected homes is 0.1%. -According to Decree Law 17/2018, as of December 10 included, it is the bank or borrowing entity and not the client who has to pay the Tax on documented legal acts that taxes mortgage deeds.
  4. Expenses arising from the constitution of a mortgage (notary, property registry, agency.) - If it is only • tender the reimbursement by court, there are sentences in several directions, which must be borne by the borrower, the lender, halfway.
  5. Notary fees, corresponding to the granting of the public deed and in copies thereof.
  6. The costs of registration in the Property Registry.
  7. The expenses of the Agency, derived from the processing of documentation before the Treasury, the liquidation of taxes and registration in the Registry of the property of the public deed of sale.
  8. Hiring services: electricity, water, gas, etc.
  9. In case of constitution of mortgage, they will have to assume the expenses of an insurance that at least, assures the risks that derive from the fortuitous causes, force majeure and damages to third parties. It will also be necessary to negotiate with the financial entity the costs of opening the loan, partial cancellations, etc.

    In case of buying and selling second hand:

         1. The tax on property transfers in a second-hand home.

    Tax rate in Catalonia:

            On real estate: 10%
            Regular housing for large, disabled and / or young families: 5%

What can do if have the opportunity to buy a *finca to a lot good price, but underneath of the called fiscal value, (CADASTRAL+COEFFICIENT OF THE MUNICIPALITY)?

In principle, not losing the opportunity but being conscious that is very likely than Economy and Finances of the Generality do us arrive, in *disconformitat, a parallel "statement" and then will be necessary to do a valuation *pericial contradictory and defend our interests, even going to the road *jurisdiccional contentious-administrative.

If have an immovable rented and the bank executes the credit *hipotecari, for lack of payment of the *amortitzacions, *estingueix the once done lease the adjudication in auction to third person or to the same banking entity?

No, if the agreement is legitimate and does not treat in no case of mock agreement and the *arrendatari or the owner *deudor, pending the process of execution and always before the auction, presents the documentation *acreditativa. Then the Judge will declare it valid to all the effects and will include in the edict of the auction, the information of the existence of the load. If we speak of usual house, and with the been normative current of the LAU, the lasted will be until they accomplish the 5 compulsory years.

Conceptually, which is the difference between a promise of *compravenda and an agreement of *compravenda?

The promise is an agreement *pre *paratori or *pre agreement and the agreement of *compravenda is already *compravenda with obligations and duties for both parts to the have agreement on the thing and the price and to fault, only, of his *consumació *mitjancant the *atorgament of the public writing.

Which are the different *modalitats of the *arres?

1.- *CONFIRMATÒRIES. Addressed to reinforce the existence of the agreement, constituting a signal or test of his celebration.

2.- PENAL. His purpose is to establish a guarantee of the fulfillment of the agreement, *mitjancant his *perdua or return doubled, but is not allowed to desist of the agreement.

3.- *PENITENCIALS Or of *DESISTIMENT. It is the lawful means to desist the parts of the agreement, *mitjancant the *perdua (the buyer) or restitution doubled (seller). Art. 1454 Civil Code, of exceptional character and of interpretation *restrictiva and therefore, if the *radactat is not enough clear, will consider for defect how *arres *confirmatòries, to ore of payment on account of the price.

If have an immovable and want *encomanar his management for hire or of sale to an agent *immobiliari, have to sign the Note of *Encàrrec?

Yes, compulsory and *ineludiblement for *exprés mandate of the Law of the House and also in interest of the same owner that will enjoy the juridical security that provides him the agreement written.

If an Agent *Immobiliari, commercialises or does advertising of any one immovable without having previously signed the note of *encàrrec with the owner, will be able to consider grave infraction that *está *tipificada with fine of 9.001 until 90.000 euros.

In the rent of a square of *pàrquing, have to *constituïr the legal Bail?

Yes and for amount of two *mensualitats of the *renda *pactada.

If I am *llogater and to the ending of the agreement the owner *arrendador does not return me the Bail neither clears it by no means, which can do?

Require in writing to the proprietary because it do it within the legal terms, (*transcorreguts 30 days will have to pay legal interests), and, if it breaches, report the situation to the Catalan Agency of Consumption or to the *Secretaria of House of the Generality of Catalonia and, in any event, demand his amount for *vía judicial.

If I have bought a house and in the terms of guarantee of the LOE appear pathologies and defects of the building, which can do?

Notify it of irrefutable shape to all the *intervinents, (*burofax with *acús of reception), the promoter, the undertaken constructor and the technicians, upper Architect and *Aparellador and if it does not obtain an answer of immediate repair to cost *cero, hire a Lawyer of confidence and commission a *peritatge of estimation of the damages for part of a true specialist and then go to the *vía judicial, all asking the *emparament of the Courts.

Have an immovable rented and the *arrendatari does time that does not pay the *renda and neither so much only takes my telephonic calls, can change the lock taking advantage of that it finds out of the immovable?

No. In no case. It rotted commit an illicit penal. The usual domicile of the people inviolable and then the advisable demand for the normal procedures, the call you trial of eviction.

I am proprietary of an immovable to 100% and that at the same time constitutes the familiar domicile of my woman and children. I can it to me sell I alone, without the consent of mine *cónjuge?

No, in treating of familiar domicile, it will be necessary the consent of the *cónjuge. Therefore if it deceives to the Notary at the time of *escripturar with false or inaccurate information, the part prejudiced will be able to annular the *compravenda.

To do a claim for *impagament of *rendes in matter of leases, have to expect to have a second *mensualitat *impagada?

No, the High court has left a lot clear that the action of claim of *rendes is born since that it produces the first *impagament.

As a proprietary and in a rent of venue of business, have to consent that the *arrendatari, of systematic way, pay late and wrong?

No, the payment out of term, usual or systematic is reason of contractual resolution for lack of good fulfillment of the contractual obligations.

The 21 questions that always pose the foreign buyers – and how Answer them

1. Which are the requirements for can buy a property in Spain?
There are not limitations, in principle any physical person or society legally constituted of any country can buy a property in Spain. This yes, depending of the country, can have limitations that depend of the authorities
of the country of the investor, for example regarding exporting bottom (China, Morocco, India, etc.), or controls more *extensius regarding *anti-bleaching and origin of the bottoms (fiscal paradises, etc.). These complications can to practical effects hamper the operations. In these cases the solutions will look for to size, depending of the *particularitats of each case.

2. What is the NIE and how can obtain it?
The NIE is simply a number of identification of a foreigner in Spain, has nothing to see with the residence.
All the buyers that have the Spanish nationality will have to obtain him, so much European, how no-European; and #so many physical people as a companies. The physical people can obtain it of three different manners:
• Through the consulate of Spain to his country of origin.
• Personally to the municipality where was situated the object of purchase (eye: in some places, like Barcelona, it is necessary to ask previous appointment).
• For notarial power that the customer can give to his lawyers or to any third of his confidence.
The foreign companies can obtain the NIE/NIF to *Hisenda.

3. Have that be present in the different phases of the purchase?
No. The buyers can sign a notarial power in Spain (the easiest solution) or through a procedure of legalisation to the country of origin in favour of his lawyers or any one other person of his confidence.

4. I need a bank account in Spain?
Yes. The most comfortable shape to pay the final price of the *compravenda is by means of a banking cheque issued by a Spanish bank. They do not serve cheques issued abroad and is not recommended to do a direct transfer to the seller before having obtained the titularity. On the other hand the seller will not want to sign the sale until it have earned. Besides, all the supplies, quotas of community, taxes, etc. They will be paid by domiciliations to the account of the customer and only cost national accounts.

5. Which documentation have that contribute to open the account and matter bottom?
If it treats of European physical people and of western countries "of confidence" how can be the USA, Canada, Switzerland, etc., the majority of the banks open the accounts simply with the passport. The NIE is not necessary. In other cases, to open the account and receive bottom it is necessary to present documentation translated and *postil·lada on the origin of the bottoms (statements of taxes, extracts of accounts, agreements of work, etc.).

The procedure *depèn of the country of origin of the customers and of the bank. Even the different offices of the same bank can have different criteria regarding the necessary requirements. It is important to take into account that all the banks have the obligation to know to his customers in person, and is the only *tràmit in all the procedure of *compravenda that can not do for power. The customer has to present to the bank in person once, and from then, all the rest can do
by proxy.
Have an account opened does not mean that can matter the bottoms in Spain without problem. European physical people and of western countries of confidence will be able to do it without any problem, usually there is enough an interview with the bank or a letter in which the customer explain to which devotes , how has won his money, etc.

6. I can obtain funding in Spain?
In principle yes. The requirements vary depending of the bank and of the origin of the customers, but generally the no-resident can have a funding of roughly 65% of the valuation (or price of *compravenda if it is lower
that the valuation), with a maximum of 25 years, whenever the monthly quota do not surpass 30% of his free revenue that can show. The interests are used to to oscillate between *Euríbor + 3,5% and + 4,5%.

7. It is better to buy in proper name or constitute a company?
*Depèn Of several factors:
• Country of origin and pre-existing structure of the customer
• Value of the investment
• Age and other characteristics of the customer
• Use foreseen of the property
• Type of property (local / house - nine / to renew)
If it buys an only house for personal use or even for rent, usually does not be worthwhile to constitute a society, but buy directly to proper name. If the objective is to do true businesses with properties, or if the value of the investment is very high, can be advantageous constitute a society or use any other formula
of investment.

8. Which expenses have to pay in the moment of the purchase?
The expenses in the moment of the purchase are the same so much for foreign buyers how for national buyers, and altogether are a 12% (or if it buys a new flat to the constructor, until a 14%) of the price.

9. How I prepare and how much costs the transmission for “*mortis cause”?
The applicable taxes will be those that are valid in the moment of the demise of the proprietary (and therefore, with young buyers is not a very critical subject). Of any way the tax of successions on properties in Spain always pays in Spain, although the heir usually pay his taxes in a different country. The tax
of the heirs no-resident is quite high in these moments (at worst can arrive until a 30% of the value of the property) because they can not benefit of any discount or deduction of those that apply the Autonomous
Communities, but that pay as the types *impositius of the State.

10. Which are the steps once a foreign buyer have decided to buy a property in Spain?
This question alone arrive a Friday in the afternoon to the 5 for part of a buyer of any country very far, that at last has found the flat that wants to buy and by the day following goes back to his country. Has NIE, neither bank account, neither has signed powers, and the *arres have to sign , is clear, this same afternoon ... The ideal procedure to avoid delays and complications in the closing of the operation, would be to hire a lawyer, sign powers and open a bank account once are here visiting flats. With these *preparatius that do not cost him nothing to the customer, once the buyer identify the object of purchase, will be able to close the operation although the customer can not be present.

11. What!? I have to pay the *arres directly to the seller!?
Then yes, this is the usual in Spain ... Since in almost I fit other country pay the *arres to the seller without more (use depository, notaries, etc.), explain this practical to the part buyer alone be a bit complicated. In extreme cases in which really there is a real risk for the part buyer to lose the *arres (the seller is for example an insolvent company) or the buyer simply denies categorically to pay the *arres to the seller, there are many solutions that can present not to lose the operation. Each case is different and the solutions depend of the posture of the parts and of the characteristic of the operation in general.

12. I can obtain the residence if I buy a flat of more than €500.000?
Yes. Investing at least 500.000 € in immovable in Spain, the non-EU can obtain a visa of residence of investor to the Spanish consulate of the country of origin and later an authorisation of residence of investor. The colloquial term "*Golden Visa" only use to refer so much to the initial visa as a the authorisation
of consecutive residence.

13. There is any special requirement to obtain the residence for investment in immovable?
The immovable will have to be free of loads or *gravàmens regarding the investment of 500.000 €, the excess will be able to be engraving.
Has to accredit the investment by means of certification with information continued of command and loads of the Register of the Property. Besides, it is necessary that the applicant accredit to have economic means for his *manutenció and the lack of penal antecedents and illnesses that affect the public health.

14. They can be local or for example 2 flats of €250.000?
Yes. Account everything type of immovable goods and can be one or diverse, whenever the total investment was of at least 500.000 €.

15. The €500.000 are per person or for family?
The applicant has to have invested at least 500.000 € in one or several immovable registered to his name. That is to say, the minimum investment counts per person and do not allow add the investments of several people, not even familiar,
to arrive to the 500.000 €. On the other hand, the main applicant can ask a visa and an authorisation of residence for his spouse and/or lesser children of age, that will be subjects to the same diet that the investor. With exception of the investment, the familiar have to fulfil with the same requirements that the applicant investor. In that case also it will be necessary to accredit the familiar tie by means of the certificates of marriage and/or corresponding birth.

16. I can work in Spain with the residence of investor?
The initial visa do not allow to work but the residence of investor, once conceded, authorises to work.

17. Which are the main differences between the no yielding residence and the residence of investor?
The authorisation of residence no yielding in common diet forces to the headline to remain in Spanish territory at least
six months for year of *vigència of the authorisation under penalty of extinction of the same, which thing means that in all but name has to turn into resident fiscal in Spain for can renew the authorisation of residence.
In the case of the investor, neither the visa neither the authorisation of residence establishes a minimum time of permanence in Spanish territory, with which thing has the option of *absentar- of Spain during more than 183 days and like this avoid turn into fiscal resident.
The permission of residence no yielding do not allow to work, but the authorisation of residence of investor yes that I allow it
(the visa no). Finally, the *tramitació of the visa and the authorisation of residence of investor is more agile, having established legally terms of resolution more brief.

18. How I request the residence? Next I will be able to it renew?
Initially all the investors that want to access to this diet have to transact the visa of investor to the consulate of Spain to his country of origin. This visa has a year of *vigència and allow to travel to Spain so often how want .
Once the investor and his family have entered Spain with this visa can transact , optionally, an authorisation of residence of investor. This authorisation of residence substitutes the visa and has a *vigència of two years.
In the case of the visa, this will be able to renew to the consulate of Spain, whereas the authorisation of residence renews in Spain for periods of two years.
The essential requirement for can renew so much the visa like the authorisation of residence is to keep the initial investment
or have substituted for a new investment of at least 500.000 €.

19. The Law of the “*Golden *visa” applicable to all the nationalities?
Yes, the law does not distinguish between nationalities. Nevertheless, because of the *reglamentació national of the countries or legal interpretations and consular practices, in the practical can result more difficult in some countries that in others obtain the initial visa of investor.

20. I Will be able to obtain some day the authorisation of residence of long lasted (previous “permanent residence”) and the nationality?
Yes, if the headline of the authorisation of residence of investor resides sure enough in Spain during five consecutive years
(is not forced to do it), can obtain the authorisation of residence of long lasted. For this also will have to accredit be by the day of all his fiscal obligations in Spain. After having resided sure enough in Spain during the legally established time (as a general rule 10 years) of regular and uninterruptible shape, can request the nationality.

21. I can rent my flat for days or for weeks to tourists?
The rules vary between communities and municipalities, but for example in Barcelona if it rents the flat for several inferior
terms to 1 month in the term of a year, needs a permission of the City council to do it. For the moment the City council of Barcelona does not concede new licences, but if it buys a house with an existent licence, the buyer will be able to follow with the activity.

22. Is the apostille of the Hague agreement necessary for foreign documents in the field of the civil registry?

Most notaries usually ask for the apostille requirement because they understand the Hague agreement. But they do not take into account agreements that the Kingdom of Spain has signed with a number of countries and that refuse to legalize these documents. Among them, and especially, the Athens Convention No. 17 of the C.I.E.C., BOE no. 112 of May 11, 1981, which affects France.