Legal process when buying property in Majorca

The acquisition of a residential or commercial property in Majorca is a process in which many details have to be taken into consideration. In Spain as well as, certainly, in the Balearic Islands, there are numerous bureaucratic difficulties to get rid of from signing the option agreement to the notary’s appointment. Without lawful help, the purchase of realty in Majorca for foreign possible purchasers can rarely be completed. An independent lawyer (span.: Abogado) accompanies you with the entire process as well as is associated with the settlements with the vendor.

We clarify what actions are required when buying property in Majorca and what is to be thought about on the method to own a home.
Action 1: Get the tax number

The application for the Spanish tax obligation number NIE is necessary for the purchase of a residential property in Majorca. Without this “Número de Identificación de Extranjeros”, you will not have the ability to purchase a house on the Balearic Island, take out a mortgage or get a cars and truck. You can make an application for the NIE tax code at the Oficina de Extranjería in Palma de Majorca. As an option, hire a Gestoria with this main company. Under this name company are summarized, which – geared up with a power of attorney – citizens and also residents to take the taxing administrative treatments. To obtain the NIE number, the passport as well as two passport images are required.
Step 2: Open a savings account

After obtaining the NIE number, you can open up a financial institution account in Majorca. As in the whole of Spain, it is customary on the Balearic Island to hand over the purchase rate to the seller in the form of a check at the notary’s appointment.
Step 3: Check the home.

Realty professionals know the pitfalls that can bring a realty purchase in Majorca with it. Before selecting a home and also authorizing a reservation or choice contract, you need to completely examine the building. The cozy and also damp climate of Majorca puts high demands on the material of lots of residential properties. Consequently, you should inspect your home for wetness damages as well as check the problem of the electric as well as water pipelines. In the training course of this evaluation, you examine whether and which heating options are readily available and in which state home windows, doors and also sanitary facilities lie.

Likewise crucial is a review for home mortgages or recurring financial obligations that weigh on the residential or commercial property. If this is the case, the purchaser of your house needs to bear all responsibilities. In the optimal situation, you should work with a lawyer of your very own with the search. To stop fraud, have your lawyer furthermore examine whether your acquiring event is actually qualified to sell the residential property.
Step 4: Reservation or choice contract

If the dream home is discovered and also the price is within the available spending plan, an appointment or option agreement is wrapped up in the very first action. A booking agreement (Contrato de Reserva) makes sense if the real estate customer has an actual passion in getting the residential property, yet the funding is still unpredictable.

The circumstance is various with an option contract that resembles a binding affirmation of intent. For a down payment of 10 to 20 percent of the acquisition price, the interested celebration gets the right to buy the home within a precisely defined period. If there is a contract, the choice sum is attributed to the acquisition rate. If no purchase agreement is ended for factors that the prospect needs to answer, the entire down payment is shed. If the vendor has to answer for the failure to make a purchase, he must pay the buyer the alternative amount plus a compensation.
Step 5: Ensuring funding

Individuals that can not or do not desire to pay for a home in Majorca in money must take care of the financing at a beginning. After the Spanish financial institutions survived the global financial dilemma in 2008, loans are being issued to international homebuyers once more. Many of them are home loan, which are approved on the basis of a distinguished property valuation. The performance of such a financing in Spain is basically different from that in the rest of Europe.

Home loans are issued for an optimum of 20 years. The full repayment of the debt is compulsory throughout this period. For this, the financing can be claimed for tax purposes. The negotiations with the financial institution ought to not lead you on your very own, yet employ a lawyer with this process. The lawyer keeps track of the home loan on request and also manages the rules.
Step 6: Taxation of the building

When buying and also maintaining a building, a distinction is made in Majorca in between one-time and existing taxes. The home tax obligation is imposed by the districts and the quantity depends on the cadastral worth of the building.

As the only independent area in Spain, the Government of the Balearic Islands passed a legislation in 2018, which enables cities and districts to raise the real estate tax on vacant genuine estate by up to 50%. History of this change are the exploding rents in Majorca, which need to be combated with a quick service of extra home. Ongoing costs are triggering earnings tax obligation as well as the wealth tax obligation re-introduced in 2012.
Step 7: Notary appointment

When all the formalities have actually been completed, the building acquisition on Majorca will certainly be secured with a last notary consultation. In the visibility of the purchaser, vendor, legal guidance of both contracting parties and also a rep of the financial institution, if a mortgage has actually been taken, all agreements are authorized. Only then can the entrance in the land register be made. The notary is required by law to notify the land computer system registry within 24 hrs of the sale of the home. The customer, subsequently, must pay the building transfer tax obligation to the ideal tax obligation office within 30 days of authorizing the contract. After the licensed repayment invoice is the entrance in the land register nothing in the means.