legal advice & lifestyle
It’s said that you need two things that before you become an owner of a real estate in Ibiza. The first one is a fiscal number, called the NIE number (número de identificación de extranjeros). It’s a unique code for each person that lasts for their whole life and allow you to pay tax, purchase property and pay utility bills. The second one is to open a bank account in Spain. These are mandatory points for all non-residents to obtain it prior to signing the Deed of Sale (Escritura de Compraventa).
Now let’s have a look in details at the home-buying process in Ibiza:
Once you’ve found your dream home in Ibiza and the owner has accepted the offer, your agent contacts the owner to initiate negotiations. These involve the terms and conditions of the sale, such as the sales price, terms of any likely renovations or maintenance works that should be undertaken to the house, furniture arrangements, selling date and so on. Bear in mind that this is a non-binding process and if you decide not to continue with the purchase at this stage, you are not legally bound to do so in any way.
Once the sales price and all the other terms and conditions of the contract have been agreed, a Contrato Privado de Compraventa (preliminary sales contract) is stipulated. This contract includes the details of the property, names of the buyer and the seller, the deposit, the agreed price and the date on or before which the contract must be completed.
At this point the contract is legally binding, so ensure you understand it properly. If unsure ask a lawyer to assist you, preferably someone who is experienced and practiced with the purchase of property in Spain and speaks both English and Spanish.
Once you and the seller have agreed on all the basic terms and conditions, then it’s the moment to put down a holding or reserve deposit to take the property off the market – the amount is normally around the 10% of the agreed sales price. The deposit is usually made with a gestoría.
At this stage a deposit document (Contrato de Arras) is stipulated, which includes: the property particulars, price, deposit payment conditions and date of completion. Should you breach the contract, the deposit is forfeited. If the seller withdraws from the sale, you are entitled to receive double of your deposit back, less any legal fees that may be applicable.
On the agreed sales completion date, you must pay the balance of the purchase price (sales price minus deposit) plus any fees payable including notary’s fees, taxes and duties. Payment can be done by banker’s draft or bank transfer, so foreign buyers are required to set up a Spanish bank account and transfer the money from a bank in their home country. At this point your will sign the “Escritura de Compraventa “ contract, which is equivalent to the title deeds of the property.
You are then issued with the public deed of conveyance (escritura) in front of a Notary Public, who certifies the transfer, and a copy will be passed to the tax office and on to the property registry. The Notary Public in Spain is a public official who is required to witness the deed of sale, however an expert and independent legal advice should be used to protect your own interests.
This is what we might call a 21st century version of the printed catalogue that we can find in any real-estate. The idea behind is the deeply-rooted eco thinking of Gould, Heinz & Lang. We are keen on reducing footprint and thus invest in alternative options and embrace the digital world!
The App features our client’s luxury villas and is available from all of the various App stores, in all formats and is downloadable free from all platforms and for any device.
Both our offices are located right in the heart of the island, in Santa Eulalia and San Juan. Our prime locations provide easy access to all our customers. We are always happy about your visit and we would like to introduce you to our portfolio.
GOULD HEINZ & LANG – Paseo s’Alamera 11
07840 Santa Eulalia, Ibiza, Spain
+34 971 339 305
GOULD HEINZ & LANG – Plaza Major
Sant Juan, Ibiza, Spain