There are various basic formalities you must take into account in order when completing your property buying process in Spain:
POWER OF ATTORNEY
In order for us to represent you, sign all relevant contracts and be your legal representative in Spain, it is essential for you to provide us with a Power of Attorney. We can draft this power for you to sign it in Spain in the presence of a notary.
In your own interests the Power of Attorney can be signed in your country before a Public Notary. If you live in the U.K. from our London office we will be able to make the necessary arrangements for you to obtain the Power at the closest Notary's office to your dwelling, this would include the subsequent Apostille of the Hague with which the Power has to be stamped to be valid in Spain. We will be in charge of everything.
N.I.E. ( Spanish ID Number for Foreigners)
The N.I.E. is the ID number that foreigners use in Spain, and is issued by police authorities. Without this ID number it is impossible to buy properties in Spain or obtain service contracts for utilities.
Applications to obtain a N.I.E. number tend to take about 2 months to process, so it is very important to present your application for a number at the beginning of the buying process.
SPANISH BANK ACCOUNT
It is essential to have an account in a Spanish bank in order to contract utility services and to pay them by direct debit. We will take care of opening a bank account for you in Spain.
SPANISH WILL
It is important to take into account the Spanish Inheritance Tax, which is the tax to be paid in "mortis causa" property ownership transfers, and to be aware of the ways of mitigating its effects.
Although it is not obligatory to have a will in Spain, we strongly urge you to have one. A Spanish will usually makes procedures easier and quicker in Spain. If you use your British will, you will not be able to take any action until your British will has been validated. This may take some time, especially if your British will or your estate presents any kind of complications.
Without a Spanish will, finalising an inheritance procedure can take up to one and a half or two years. Spanish authorities apply tax penalisations if these matters are not dealt with promptly.
According to Spanish law, when a property is jointly owned by two people and one of them dies, their part is not automatically transferred to the other title holder. It will be transferred in accordance with the will of the deceased, or, if there is no will, in accordance with laws on intestate succession.