Not a UK resident and buying Spanish Property?

Hello everyone,

New to the forum as ive decided i cant do this all solo, i need some advice :-)

I am a UK national but have not resided there for over 6 years, i actually am a resident in the UAE.

We want to purchase a property in Spain and i wondered if anyone can help.

Im guessing this may be difficult ive researched as best i can, but everything on the web is mainly geared to UK residents purchasing property in Spain.

I am in contact with the Spanish Embassy here and am awaiting their feedback for NIE etc but i dont suppose by any small chance there is someone out there who has been in a similar position, i.e. non UK resident purchasing Spanish property?

How difficult it was, what documents are required, need for Spanish bank account? Police checks from overseas etc.

Thanks all.

Hi Louisa,

Yes you will need to obtain an NIE, but with a British passport that should be very straightforward - a Spanish bank account will not be a requirement but more a practical necessity.  What problems do you envisage?

I would say that the only difficulty you face is finding a good, professional, pedantic, solicitor, they are very very few and far between in Spain!

As a citizen of the EU  you can certainly buy a property (I think maybe anyone can).   Your place of residence is not a factor,  

You will need an NIE. It is a fiscal reference number by which the tax authorities can keep tabs on you.

Acer,  I do not believe the poster needs a solicitor, although they may choose to have one.

http://www.eyeonspain.com/blogs/costaluz/11458/Legal-tip-1040-NEW-Residency-visas-for-investors-in-Spain.aspx

The mortgage may be a problem.    

 I would approach the bank you have, or may choose to have, and ask them, if they would make the loan., and then shop-around.

 I understand that sometimes when one asks for a mortgage on a property the bank show you what they have on their books and try to sell you one of theirs.

Hi Johnzx,

I do my own conveyancing in the UK, but there are so many uncertainties in Spain that I've always used solicitors.  I've had three transactions and the last two, both in Mazarron were equally useless for different reasons.  But regardless of this experience I will most certainly use a solicitor if I buy again in Spain.  Whilst I like the notary involvement for the final stages unless you are conversant with the Spanish system and are really fluent in the language it's too easy to miss a trick somewhere and end up with a nasty surprise.

Learning from my experience with Spanish solicitors, I will check that they are actually qualified, some are not and I will put everything in writing.  Basic good business practice doesn't always happen in Spain.

IMHO, as a generalism, anyone who tries to do the job themselves to save a few euros has a fool as a client.  It may be OK for yourself but it is not good advice for others, it might cost them their life savings.

Acer, I am surprised that you have found problems here, when you have done it yourself in UK.

I have bought 4 properties here and sold three for myself, and bought 2 for my son.  In none of those cases have I had any difficulties at all.  In two cases the buyers had problems subsequently and both had solicitors (who did an appealing job for their clients).   I have also made a few loans and registered them with a notary,  and again without a solicitor.

Having spent 30 years of my working life dealing with solicitors in the UK,   I would go to a lot of trouble to avoid using one anywhere.

But it’s a free world, each to their own.

Hi again Louisa,

You can see that therre are different opinions, but I can only speak from my experience.  The last one I used from Mazarron were far too pally with the Spanish vendor and I just had the feeling that they were cutting corners.

When subsequently I found out that there was an omission of a licence for the swimming pool they tried to blame me!  They argued that I should have told them - as if having a villa with a pool in Spain is highly unusual!  I didn't even know you needed planning permission for a swimming pool.  Then they quoted me €1,500 to rectify matters, whereas another firm quoted €500.   But the upsetting thing was their attitude which was appalling.

Not the end of the world, but you need to be a bit wary as some of the professionals you get in Spain who are not as you expect.  On the other hand the price you will pay for your property will probably be 50% or so of what you would have paid 5 years ago when I bought mine - and regardless of that I love our place and Spain and the local culture.

Knowing if a professional is good or bad usually depends upon one’s experience.  If all goes well then one might assume they found a good one.   But it might just have been there were no problems to sort out.     If there were unforeseen problems which go unresolved,  then one would  probably know they had found one who not reliable.  But the problem is, as I see it, and from 30 years’ experience,  that it is almost impossible to tell before the event.

One of the five or so I came across in the UK in my 30 years, whom I would have employed, subsequently was prosecuted for using his client’s account (illegal in UK).  The reason was probably that he put his client’s needs first , kept his fees low but failed to keep note of his finances.   

Even Acre who would always use a solicitor says,  “Learning from my experience with Spanish solicitors, I will check that they are actually qualified, some are not and I will put everything in writing.  Basic good business practice doesn't always happen in Spain”

But what do I know ?   

Acer thinks I am a fool,   “…. … anyone who tries to do the job themselves to save a few euros has a fool as a client.”

NB.  I choose not to use solicitors, not to save money,  but as I said, because I think they are so often useless and even dangerous.   I believe many (probably all) of those who now have problems with their properties being demolished, or threats of such,  had solicitors.

“I rest my case.”

Johnzx, in all seriousness whilst I do not agree with some of your comments I read all your posts as invariably you have some interesting comments.

I did not say or imply that I thought you are a fool!  I deliberately prefaced the comment with "as a generalism", some people are considerably better equipped than others. 

But I do maintain that most folk need a good solicitor to undertake a conveyance in Spain - there is a complete absence of consumer protection and basic ethics don't seem to apply - so I strongly disagree with your suggestion to the contrary.

Hey there,

I recently bought a house in Spain. At first I wasn´t too sure whether buying was a good idea, as I live abroad, Though, I came accross a few articles on the internet, and one in particular with good advice on how to buy a property in Spain.  I went through a company that helped me deal with all the paperwork. Based in Barcelona, and is called Tas Consultoria. They have loads of different blog topics on their website, maybe that could help.

Good Luck! and if I can help, let me know.

Hi Louisa as you have lived outside the UK for over 6 years you should be able to get a mortgage without a copy of Experian or Equifax although a lender may request a statement of liabilities and assets from your bank in the UAE and of course all the salient documentation relating to income and employment.  

If you haven't already seen this, you may find it useful: https://www.gov.uk/how-to-buy-property-in-spain

Like John, I have bought and sold several properties over the years, and with a couple of exceptions (notably the very first time!) I have not bothered with solicitors, because generally they don't do very much that you can't do yourself - IF you know how things work and have a good level of Spanish. But I agree that most people will need one, certainly if buying fo the first time, not familiar with the system, not fluent in Spanish, and of course if not in Spain! I also agree that finding a good one is very hard, and as John points out, hoping everything goes well, you won't even know if they're good or bad!

If you can give us an idea of the area(s) you're considering, maybe you will get some personal recommendations based on other members' experiences.