Spain

A Polish cohabitation agreement (marital property contract) is not formally required for the purchase of real estate in Spain by individuals from Poland. However, it is important to be aware of how Spanish law treats marriages and how this affects property ownership.

• Signing the preliminary contract (contrato de arras): This is usually the first legal step in the purchase process, where you make a down payment to confirm the transaction. A NIE number is needed for the contract to be legally valid.
• Opening a bank account in Spain: In order to make a purchase transaction, you will probably need to open a bank account with a Spanish bank. Most banks require an NIE number to open an account for foreigners.
• Finalizing the purchase: notarized deed (escritura de compraventa): A NIE number is necessary when finalizing a purchase before a notary, as all real estate transactions must be registered with the appropriate Spanish public registries.
• TAX PAYMENTS: The NIE number is also required for all tax payments related to the purchase of real estate, including real estate transfer tax (ITP) or VAT (IVA) for new properties, as well as AJD.
• Real Estate Registry Enrollment: To register a property purchase in your name with the Spanish Real Estate Registry, you will also need an NIE number.

1. Document preparation:

• Completed EX-15 application form: you can download it from the official website of the Spanish Ministry of the Interior.
• Passport or identity card: Original and copy.
• Two current passport photos: Passport format.
• Document confirming the reason for applying for an NIE number: This can be a real estate purchase contract, employment contract, letter of intent from an employer, etc.

2. Submission:

• in person in Spain,
• through a proxy,
• At the Spanish embassy or consulate.

3. Number NIE reception

1. Select a bank and account type

2. Gather the necessary documents:

• A valid passport or identity card (for EU citizens).
• NIE number (Número de Identificación de Extranjero).
• Proof of residential address
• Confirmation of source of income or employment

3. The DEVETOPER advisor will arrange an appointment for you at the bank:

4. Fill out the application form:

5. Review the contract and terms of the account:

6. Account activation and access to banking services:

Yes, you can send a transfer from Poland to a bank in Spain for the purchase of real estate. The procedure is similar to sending a wire transfer to Bulgaria.

Yes, you can pay for a property in Spain by wire transfer from a Polish bank. International bank transfers are a widely accepted form of payment for foreign transactions, including real estate purchases.

While it is technically possible to pay for a property in Spain using Revolut, in practice this may involve some complications. In many cases, it is advisable to use traditional banks and wire transfers for the security and simplicity of the transaction, especially in a legal context.

Yes, in Spain, documents issued in Poland must be certified with an apostille certificate to be considered valid.

Yes, banks in Spain usually require proof of origin of financing when buying a property from a developer. This is standard procedure to prevent money laundering and other forms of illegal financial activity. Therefore, you will have to provide documentation to prove the source of your funds, such as bank statements, employment contracts, loan agreements or other documents.

When buying property in Spain, not all Polish documents need to be translated and certified with an apostille certificate. However, in some situations it may be required, especially when the documents are needed for official or legal purposes in Spain.

In general, the documents that may be required to be translated and confirmed by an apostille certificate are, for example:

• Birth certificate
• Civil status records (e.g., marriage)
• Legal documents (e.g., powers of attorney, contracts)
• Documents relating to finances (e.g., bank certificates, bank statements)

In some cases, the developer may require certain documents to be translated and certified with an apostille certificate to enable the legal process of buying a property in Spain. It is always a good idea to make sure what the document requirements are in your specific case and consult with a DEVETOPER platform advisor to get the right support and advice during the property purchase process.

Yes, banks in Spain usually honor documents from a Polish notary public if they comply with applicable regulations and are properly approved. However, an important role is played:

• Legalization of documents
• Translation of documents
• Type of documents

To check the land registry of a property in Spain, you can contact a DEVETOPER platform advisor or the local notary office or municipal office (Registro de la Propiedad) in the region where the property is located. You can make a request to obtain a copy of the land registry or obtain information about the property in question.

Alternatively, there are also private companies or websites that offer land registry checking services, but make sure they are reliable and trusted. It is also worth remembering that a fee may be required to obtain a copy of the land registry or to access the information online.

Here are some of the main taxes that may be involved in buying property in Spain:

• Value Added Tax (IVA – Impuesto sobre el Valor Añadido): This tax is applied when you buy a new property from a developer or build your own home. The VAT rate is currently 10% on the purchase price for new properties, but can vary depending on the specific terms of the transaction.
• Property Tax (IBI – Impuesto sobre Bienes Inmuebles): This is an annual local tax collected by the local government from the property owner and is based on the cadastral value of the property.
• Other fees and taxes: In addition to the above taxes, there may be other fees and taxes, such as notary fees, property registration costs, and possible consulting or brokerage fees.

It is worth remembering that costs and tax rates may vary depending on the region of Spain and the specific circumstances of the transaction.

In Spain, there are various types of tax breaks and concessions that may be available to those purchasing a new property. Here are some examples of potential reliefs:

• VAT relief: If you buy a new property from a developer, the VAT rate (IVA) applies. Often there is a VAT relief for people who buy their first apartment or property as their first residence.
• IHT relief (ITP): If you buy a used property from a private owner, you may be entitled to an ITP tax credit.
• Government programs: In some cases, the Spanish government introduces support programs for property buyers, particularly for young people, lower-income families or those who meet certain criteria.
• Tax breaks for investments: Some Spanish regions offer tax breaks for those investing in real estate, especially for rental purposes.

Property development elements in Spain:

• wall finishing
• Installation of window frames with external blinds
• finishing floors and terraces (usually floor tiles or panels)
• installation of interior and exterior burglar-proof doors
• lighting installation
• furnishing of bedrooms (closets, built-in closets)
• kitchen development (furniture, countertop, faucets, often also basic household appliances)
• Comprehensive bathroom fittings wall and floor tiles, sink faucets, showers, whiteware, under-sink cabinets, sometimes also under-floor heating
• pre-installation for boiler and air conditioning
• Landscaping of the area around the building, which includes a garden, fencing, driveway/garage, swimming pool.

If the purchase of the property will be financed with a mortgage, an application must be submitted to the relevant bank in Spain. The application will require, among other things, income documents for the last 6 months, a tax statement, PITs, bank statements for the last 6 months, credit history (obtained from the Credit Information Bureau), as well as an N.I.E. number and a photocopy of an identity card (passport or ID card). All documents should be translated into Spanish or English.

Generally, for married couples without property separation (community of property), the law may require the consent of both spouses for significant legal actions, such as the purchase of real estate, since such a transaction affects joint property. This means that both spouses may need to be physically present, or at least one spouse may need a notarized power of attorney from the other spouse to act on his or her behalf during the purchase.

However, there are exceptions and different practices, depending on the interpretation of the rules by notaries and the specific circumstances of the transaction. In some cases, if one spouse cannot be present, it is possible to grant a power of attorney to the other spouse or another trusted person so that he or she can make the purchase on behalf of the absent spouse. The power of attorney must be properly prepared and usually requires legalization, such as through an apostille, if issued outside Spain.

The ability to live in a property you bought from a developer depends on several factors, including the progress of construction work, receipt of required permits and the terms of the property purchase agreement.

A bank in Spain may block a transfer from Poland if there are suspicions of money laundering, data discrepancies, a large transfer amount, incomplete information or technical problems. In such cases, contact the bank, provide the required documents and explanations to unblock the transaction as soon as possible.

Typical commission rates

1. standard commissions:

• 3% – 6% of the value of the property: This is the most common commission rate for real estate agents for the sale of development properties in Spain.

2 Exceptions and negotiations:

• Lower commissions: In some cases, especially for the sale of luxury properties or for larger development projects, commissions may be lower (around 2% – 3%).
• Higher commissions: commissions may be higher if the sale requires more marketing or additional services from the intermediary.

• Understanding local regulations
• Property registration
• Meeting technical and safety requirements
• Notification to local authorities
• Taxes and tax registration
• Security and insurance
• Informing visitors

Obtaining a license to rent a vacation apartment in Spain requires registering the property with the local tourist office, meeting technical and security requirements, declaring a business, registering for taxes and complying with local rental regulations. These procedures may vary from region to region.

The time to decide whether to buy a new property in Spain after a viewing can vary depending on the reservation agreement with the developer, the state of the real estate market and individual negotiations. Usually you have a few days to a few weeks to make a decision.

In Spain, banks typically require foreign clients (including those from Poland) to pay a higher down payment than Spanish citizens. For foreign property buyers, the standard down payment is usually around 30-40% of the property value for non-residents and 10% for residents!
Of course, the specific terms may vary depending on the bank, the customer’s financial situation and the type of property. It is advisable to consult directly with a Spanish bank or financial advisor specializing in international transactions to get precise information tailored to your specific situation

The process of buying a property online, without having to leave Poland, is simple and consists of several steps.

After selecting an interesting offer and checking its parameters and availability, all you need to do is apply for a purchase on our platform. Our team conducts a preliminary analysis of availability with the developer and, after agreeing on a booking amount, registers you with the developer. We then work with your law firm to obtain the relevant documents. After translating and completing the documents with your lawyer, you go to a notary public, where you sign the necessary documents and then make a Court Apostille. The court-certified documents go to our legal office, which purchases the property on your behalf.

Our lawyer opens a bank account for you, which is necessary to conclude contracts with water, energy or internet providers. In addition, the lawyer will make out a tax identification number for you and secure the entire transaction. You send the amount of payment for the property, agreed according to the contract, from the Polish bank directly to the developer’s account. Upon completion of the transaction, the property becomes yours, and our lawyer takes care of the appropriate entries in the land register, providing you with complete security and comfort throughout the purchase process.

Buying a property from a developer requires an initial deposit, which is usually in the range of 3,000 to 6,000 euros. Then, a month after booking, the buyer must make another payment according to a schedule, which is usually between 10 and 30% of the property’s value. Subsequent payments are made according to a set schedule. The final 50% of the property’s value is paid on the day of the notary contract. The staggered payment system is convenient for most buyers, allowing them to budget more affordably.

1. Proof of identity.

• Passport or ID card.

2. Foreigner’s identification number (NO).

3. Certificate of registration (Empadronamiento):

4. Financial documents:

• Recent bank statements (usually for the last 3-6 months).
• Recent pay stubs (usually for the last 3-6 months) or a certificate of earnings.
• Annual tax return.

5. Employment contract or contract:

• Current employment contract or other proof of employment and income stability.

6 Credit history:

• Documents proving credit history, if available.

7 Other documents:

• Depending on the type of loan, the bank may require additional documents, such as a real estate purchase agreement (if it is a mortgage), insurance policies, etc.

• Property search
• Property booking
• Preliminary contract (Contrato de Arras)
• Checking the legal status of the property
• Mortgage loan (if needed)
• Signing of the purchase and sale agreement (Escritura de Compraventa)
• Fees and taxes
• Property registration
• Transfer of real estate

Each of these steps can vary depending on the specific situation, type of property and local regulations.

• Bank transfer:
• Bank Check (Cheque Bancario):
• Mortgage loan
• Cash:
  • Although technically possible, payment in cash is rarely used due to legal restrictions, risk and inconvenience. Spanish law limits the amount that can be paid in cash to prevent money laundering (maximum of €2,500 for residents and €15,000 for non-residents).
• Escrow account (Escrow Account)

Yes. From the moment of arrival until the finalization of the property purchase process, the DEVETOPER platform guarantees the presence of an interpreter.

Yes. The DEVETOPER platform offers legal support at every stage of the transaction.

In the event that you pay the first installment for an apartment with a developer, but are unable to pay the second installment, the consequences depend on the terms and conditions set forth in the preliminary agreement or development agreement you signed with the developer. Here are some possible scenarios:

• Loss of funds paid in
• Possibility of renegotiation
• Cancellation of contract
• Loss of right to real estate
• Legal consequences

It is not necessary to physically come to Spain to purchase a property there, you can use the, “BUY ONLINE” function in the Agent Panel, although of course it can be very helpful to view the property in person and meet with a DEVETOPER advisor.

• Bank transfer
• Credit or debit card
• Online payment services

Regardless of the payment method you choose, it is always important to make sure you are transacting through a reliable source and that any payment terms are clear and understandable.

The amount of the Booking Fee

• Range of amounts: The reservation fee in Spain is usually between €3,000 and €12,000, but can be higher for luxury properties. The amount depends on the value of the property and the developer or seller.
• Percentage of property value: In some cases, the reservation fee may be specified as a percentage of the purchase price of the property.

In Spain, there are laws and regulations in place to protect customers in the event of a developer’s default or failure to fulfill a contract. In the event that a developer defaults or fails to complete construction, there are various possible scenarios, depending on the specific circumstances and whether the developer has declared bankruptcy or is in financial distress:

• Negotiation and mediation
• The right to a refund
• Legal steps
• Construction guarantees

Yes. The DEVETOPER platform offers legal support at every stage of the transaction, as well as after its completion.

Buying a new property in Spain usually takes from a few weeks to a few months. This time depends on various factors, such as searching for a property, negotiating, obtaining financing, legal verification and processing paperwork.

In order to purchase a new property in Spain by an attorney, you need a notarized special power of attorney, which specifies exactly the scope of the attorney’s authority. This power of attorney can be drawn up both at a notary in Spain and in Poland. If the power of attorney is drawn up in Poland, the document must be translated into Spanish by a sworn translator and provided with an apostille. The attorney must have the original power of attorney with him during the execution of the real estate purchase.

When the option, “AIRPORT PICK UP” has been selected in the intermediary’s company panel and the payment has been made by the client, our employee will be waiting at the airport at the appointed time.

No. We offer the possibility of high-class accommodation in our apartments for an additional fee. Reservation of an apartment can be made directly from the intermediary’s company panel, selecting the appropriate option when booking a property or arranging a visit to inspect selected properties. The reservation becomes active after the advance payment is made by the client.

Regulations governing the transportation of cash into Spain (and the European Union in general) require that travelers bringing into or out of the EU an amount equal to or exceeding €10,000 (or the equivalent in other currencies) declare that amount to customs. This includes cash, checks, traveler’s checks, and other easily tradable financial instruments.

The most important part of your visit and stay in Spain is the crucial phase of the property buying process. DEVETOPER’s agents will present you with 5 to 8 properties each day, and in some cases this number can rise to as many as 10-12.

• Rescheduling an appointment: The client can contact the real estate agent or seller to inform of his absence and try to reschedule the appointment to another convenient day. The DEVETOPER platform is understanding in such situations and may agree to reschedule.
• Power of Attorney: If the client anticipates that he will not be able to personally participate in the purchase process for an extended period of time, he can grant a power of attorney (poder) to a trusted person who will represent him in Spain. This person can act on his behalf, signing the necessary documents and finalizing the purchase.
• Remote signing of documents: Depending on Spanish regulations and the willingness of the other party to the transaction, it may be possible to sign some documents remotely, for example, by using digital electronic signature tools. However, you should consult this possibility with your DEVETOPER advisor to make sure everything is done legally.
• Virtual property viewing: If the client’s absence is related to the stage of viewing the property, you can ask a DEVETOPER advisor to arrange a virtual tour or send you detailed photos and videos showing the property.

Apartment reservations are made exclusively through the intermediary’s panel, and the process can only be initiated when registering a client’s departure to purchase a property in Spain. When completing the application through the Company Panel, the intermediary has the opportunity to take into account and select the type of apartment, length of stay and number of people.

The deadline for receiving the keys to a property bought from a developer in Spain can vary depending on a number of factors, such as the progress of construction work, the finalization of the sales contract and the required paperwork.

It is important that you contact the developer or advisor of the DEVETOPER platform from which you made your purchase to get specific information on when you will receive the keys, and to keep you abreast of the progress of the construction work and any significant changes regarding the date of delivery of the property.

The amount of time you have to decide whether or not to buy a property after viewing it with a developer can vary depending on individual arrangements and the terms of the contract. However, developers often offer customers a certain period of time to make a decision so that they can carefully consider all aspects of the purchase. Typically, such a period ranges from a few days to a few weeks, but it can also be shorter or longer, depending on the attractiveness of the offer and interest in it by other customers.