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Real Estate Ownership and Title Deed in Spain
Property ownership in Spain will be legal when the purchaser and seller sign the property title deed. A title deed is a public document that recognizes a transfer of legal ownership. It is called Escritura in Spanish.
The transfer of property ownership in Spain should be done by the notary. Once the notary approves, it will be sent to the land registry to change the ownership information.
What is the process for obtaining a title deed in Spain?
The process starts with finding your dream real estate in Spain. You agree with the seller and make your down payment. You collect the documents required for the title deed transfer, translate them into Spanish, and make the transaction payments.
Then, you sign the sales contract with the seller through the notary and make the remaining payment.
Both the seller and the buyer must be present at the notary. If you have given a power of attorney, your attorney must be present at the notary on your behalf with the power of attorney documents.
The notary checks the suitability of the title deed, the accuracy of the transaction and necessary documents, and whether the property has any debts. At this point, if your documents are missing, you may have to go through a document collection process again. If there is no problem, your title deed will be approved. It is submitted to the land registry for registration.
It takes one to three months to obtain a title deed in Spain.
If you are working with a real estate company and lawyer, which is recommended, they will handle the entire process for you. For example, TEKCE real estate consultants find the property you want, meet with the seller and convey the final price, carry out legal steps such as getting an NIE number in Spain, and collect the necessary documents.
There is also title deed insurance in Spain. It is 20 years of legal protection over your property in Spain and can be purchased for a one-off premium. It is recommended that you evaluate it with your lawyer to find out which companies provide this insurance or whether it is needed.
What are the required documents to get a title deed in Spain?
You need the following documents to have the title of your new property:
- Tax Identification Number (NIF), residence card, or NIE number for foreign property ownership in Spain. Both the buyer and the seller must carry their valid identity document.
- El Impuesto de Bienes Inmuebles or IBI receipt
- The property’s energy certificate document
- Community expenses. The property should be up to date with payments.
- The deposit/reservation contract. If a first payment has been made to the seller to formalize the purchase as a reservation, it must also be provided at the time of signing.
- The document certifies that the house is up to date with the payment of all supplies, such as electricity, water, and gas.
- Document showing that there is no debt on the house.
- The draft of the deed.
Additional documents may be asked. You can get help from the institution or real estate consultant for current requirements.
What is the cost of obtaining a title deed in Spain?
A title deed registration typically costs approximately €750. It may vary depending on the purchase price, the number of pages, etc.
You can visit the Cost Of Buying Property in Spain to learn about all other expenses like property ownership tax in Spain in the real estate purchase process.
What is the difference between a title deed and a land registry certificate in Spain?
The title deed is like a contract. It shows the transfer of ownership. The land registry certificate shows all aspects of the legal status of a property, such as current and former ownerships, rights, debts, etc.
In short, you carry out the title deed transactions when buying or selling the house. After it is transferred to you, you can get this certificate as needed to check the title deed status and all the other features of your home.
Can a property be sold without a title deed in Spain?
Yes, but it is not recommended. Formalizing the sale and purchase through the notary prevents legal complications, provides unquestionable evidence of the transaction, and provides access to the Land Registry.
As stated in the previous question, the property registers in the land registry, and you have access to all records. For example, you can find out from the records whether there is any debt on the property before you buy it. It has many benefits like this.
Easy title deed application process with TEKCE
Before publishing any listing on the website, TEKCE checks the title deed status of every property. It lists and recommends properties that all investors can purchase with peace of mind.
The real estate consultants find your dream home, manage all your transactions, obtain the title deed, and, if needed, even assist with your move-in and mortgage application.
You can call TEKCE real estate agents to learn more about how to invest in property in Spain.