"FONTANALS SOLICITORS" SPANISH ABOGADOS

FONTANALS SOLICITORS, S.L. are a registered company of Lawyers who’s main activity, among others, is to represent and provide legal and fiscal advice to private customers. The Firm is represented by fifteen professionals including solicitors, administrators and translators and the managing director of the Company is D. Alvaro Fontanals Pérez de Villaamil.

We as a Firm are able to act throughout Spain, although our head office is located in the Province of Alicante, more specifically in Torrevieja Town, addressed Concepción Road, number 8, 2º A and B, with a branch in Guardamar, Puerta de Rabat Road, ground floor, number 5.

The legal advice and assessment provided to residents and non residents in general is strictly on the legal and fiscal fields, having currently over five thousand clients in the Region of Alicante to which this team is offering a smooth and efficient service of legal advice, when buying a property. Fiscal representation when doing the tax declaration and profesional assessment on any business or activity that no residents wish to initiate, as well as the procedures and documentation required to establish temporary or definite residence in Spain and generally all the services related to the defence before the Spanish Courts.

PURCHASING AND SELLING PROPERTIES IN SPAIN

Based on our experience in the property Real Estate field, any foreign Nationals who wish to purchase of a property in Spain, should require the following basic services which can be thoroughly provided by the Firm FONTANALS SOLICITORS:

The Annex Number ONE includes all the procedure required for the provision of the above mentioned services, and the Annex Number TWO includes the amount on costs, duties and professional fees.

Torrevieja - 965712453* Fax 965717331
Email, general: fontanals-solicitors@fontanals-solicitors.com

Guardamar del Segura - 965727132
Email, general: fontanals-solicitors-guardamar@fontanals-solicitors.com

Annex Number One

1 - Property Search Application to the Property Register Office

This procedure is important in order to assure to the future purchasers that the property that they are purchasing is free of charges and encumbrances and that the Titles Deeds of the land is in the name of the Promoting Company selling the property.

2 - Special Power of Attorney Representation.

This document allows the legal representative to act on behalf of the future purchasers before any Spanish Public Administration Office, to perform any bank transactions, to contract any needed supplies for the property and to set direct debits when requested without the future purchasers having to travel to Spain. Likewise, the power of attorney allows the representative to sign the Title Deeds of the property on behalf of the purchasers.

There are two options to confer this Power of Attorney:

A) To draw up this document in double-column, in Spanish and English language, describing the representative and the purchasers’ details and the faculties that are granted with the signature of this document before a Public British Notary. This Power of Attorney must be stamped with the European Apostille, which can be obtained at “The Foreign Office of London” through your local British notary or solicitor.

This document will be sent by courier or registered post to the residence of the purchasers, who once the Power is signed and stamped with the Apostille, must be returned trough the same procedure. (A letter will be enclosed explaining how to proceed with the signature of this document).

B) To draw up the Power of Attorney document to be signed in a Notary of Torrevieja with the presence of the future purchasers, granting the same facilities as in the previous case.

3 - Non Residents Identification Number (N.I.E)

The non-residents' application for the Identification Number (N.I.E.) is requested at the Police Station of the county where the property is located. All non-residents in Spain should have a (N.I.E.), which will be needed for any social or economic affair. For example, the (N.I.E.) is necessary for tax payments, when applying for a permanent residence card or for the acquisition of a car, and will appear in any official documentation that you receive or apply for. When applying for the (N.I.E.), the presence of the purchasers are needed in order to sign the application at the appropriate Police Station. From our firm, we have an escorting service, conveying the documents needed to make the application without any complications.

4 - Will for the Assets in Spain

Although it is not compulsory to sign a Will in Spain, its signature eases greatly the award of the State, thus avoiding costs of translation and legalisation of documents that may come from the home Country and that should accomplish with a number of requirements to be valid in Spain. The Will that the proprietors sign in Spain covers only and exclusively the state that they own in the Spanish territory and does not affect in any way, any other Will that they have singed in their home country.

5 -Signature of Title Deeds and Provision of Funds

Once the property has been finished, it will be requested from the purchasers organise a visit to Spain in order to inspect the property, give its conformity on the completion of the same, make the last payment and receive the keys of the property. After taking possession of the property, the Title Deeds will need to be arranged with the Promoting Company and signed before a local notary. For this procedure, “Fontanals Solicitors” will need from the proprietors the corresponding funds to cover all the expenses, which will be allocated for the payments of:

  1. Title Deeds Notary fee
  2. Property Registration fee
  3. 1% Tax of Juridical Documented Acts of the Title Deeds value (Stamp Duty).
  4. Tax of the Land Value (Town Hall Tax).
  5. Notary representation to achieve the Title Deeds.
  6. Title Deeds proceeding at the Public Administrations.
  7. Lawyers’ Representation fee

In the event that the last payment is made through a mortgage, the funds provision to cover the mortgage cost, Notary fee, Registry fee, Tax costs, etc. The bank will discount the necessary amount from the purchasers' account to cover these expenses. However, by request of the purchasers, "FONTANALS SOLICITORS" can arrange the necessary documentation to apply for the mortgage.

Once the property has been finished and completed, it will be recommended to the proprietors to contract a home insurance which will cover the content and the continent of the property with the "AXA" insurance company. The contracting of the water and electricity supplies for the property can be made through "FONTANALS SOLICITORS" or the Building Company direct, having to pay an amount for this on the completion of the property.

6 - Fiscal Representation

The annual fee for Fiscal Representation will cover the preparation, presentation and payment of the Tax Declaration for non-residents once they own a property in Spain. As a Lawyers' firm, we also offer to our customers juridical advice related to any other issue they may need, establishing the limit on the attendance to the Spanish Court.

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