New Life: Legal Stuff

Do you need to have a lawyer to buy a property in Spain?

We have a multitude of clients and we can read continuously in forums if it is necessary to have a lawyer for the purchase of a property in Spain and our answer is usually quite emphatic, and it is NO.

The reality is that there are enough legal tools available for the verification of documentation necessary for the purchase and sale of a property. For the drafting of reservation or Arras contracts, the participation of a lawyers is not necessary as these are standard and do not require their intervention.

It is necessary the participation of a sufficiently capable and professional real estate agent to carry out the verification of the data and the drafting of the contracts prior to a purchase.

In none of the legal processes that occur in the process of purchasing a house is the participation of a lawyer necessary, such as obtaining the NIE, opening a bank account, drafting and signing reservation contract, collecting information from the registry and official transaction at the Notary’s office.

And one of the main reasons is that all the information relating to the purchase will be verified and validated by the Notary, which is a legal figure whose capabilities are far above those of a lawyer.

Given the case that a notary could break the law, which is highly unlikely, it would still have to pass through the filter of the official property registry. Therefore, in order to buy a used or newly built property, it is not necessary to have a lawyer.

Another story would be to buy a land fora building construction or to buy an asset without habitability licenses, where we would need the participation of an urban lawyer as well as a technical architect.

Obtaining my visa to live in Spain: Lawyer, YES, it is necessary

Visa in Spain

Obtaining my visa to live in Spain: YES, it is necessary.

In this case it is absolutely necessary the participation of an immigration lawyer who, first, will advise on the types of visas that best suit the interested party, because, depending on the nationality, intention, family members and other factors, there are many options to review.

Second, it is necessary the participation of a lawyer, for the processing of the file, which involves a variety of applications, forms, necessary documentation and even writings to be made that it is essential that it is processed by a specialist for the success and agility of the file.

Post-purchase tax management: Lawyer, NOT necessary

Tax management requires a lawyer?

Once the purchase has been made, it will be necessary to make an annual tax declaration, even if we are not tax residents in the country. We do not refer to the payment of taxes that entails the purchase of the house, which is usually 10% of the value of the deed.

But the annual tax return, where it is necessary to say to the tax office, that we have bought such a house for such a value. This will not entail to hardly expenses in taxes, more than the own presentation.

To carry out this procedure it is necessary to have an administrative office with fiscal services that advise us in the stauts that we must adopt according to what we want from our investment.

If we want to live permanently during the whole year we will have to register as fiscal residents, something dangerous if we have assets abroad. If we simply want the property to live for some months of the year or to rent it and obtain benefits, then it would be another fiscal status.

How and where to invoice the business of the property is another matter to discuss, but always with a tax advisor or economist, not with a lawyer.

In short, and what NEW LIFE offers is the necessary experience to know all the cases based on nationalities and intentions of foreign buyers, to advise and accompany them correctly, put them in the hands of the best lawyers adapted to their case if necessary, and save them time and money in services that do not need to make the overall process more traumatic.