Buy properties in Mallorca

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Selling properties in Mallorca

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11 things you absolutely need to know if you want to buy a property in Majorca

Why a Realtor in Majorca is important to you!

If you decide to buy a property in Majorca, you should keep in mind that there is much to think about before taking this step. There's a big investment for this dream. But not only that, but before the purchase, some things still have to be done and the documents checked so that everything goes smoothly when buying. Below we would like to show you all the special features and provide you a checklist for all previous runs, as well as all major contracts and documents that are relevant to the purchase of real estate in Majorca and that you will use better before the appointment with should have made the Spanish notary.
If you choose to buy a property in Majorca, you should always do it with a broker. This can advise you on evaluating the market value of the property you are interested in. Real estate agents are also competent, with professional knowledge and can also help you communicate with the seller. For these reasons, you should consider some things when selecting the broker so that the business can be handled smoothly. Submit a list of your requirements to the responsible broker at the beginning and also add pictures. This allows the broker to work sensibly and send you offers that match your expectations. There's no time wasted like this.

You can pay attention to these tracks when choosing:

The brokerage office has existed for a long time
The broker has its own well-structured website, which includes information on the purchase of properties in Majorca and Spain, as well as information about its employees and the office.
has been working in the real estate market for several years

If you have found the right broker, make an appointment. This is only commission if a house or an apartment is bought or rented. In Spain, however, the seller has to pay only the brokerage commission. This will count for the purchase price. You, as a buyer, must then bring the cheque for the Commission as well as the original purchase price on the appointment with the notary.

Keep in mind the following in terms of commissions: buying a property in Majorca is mostly offered by several runners at the same time. For this reason, you can visit an apartment or house that has already been brought to you by another broker. In this case, the previous broker should be informed by you of this situation so that it does not involve itself in disputes with respect to the Commission. Here says the saying: Whoever comes first paints first. So the broker has a right to the Commission that first introduced him to the property. However, read all the broker's documents very carefully to avoid hidden costs. For example, pay attention to the square surface. Differences are made for the real estate purchase in Majorca that is built (built area) and the habitable zone (usable area). The masonry is counted on the constructed surface. As a result, it can increase by 10% to 15%.
Conservatories, terraces or balconies can also be included in the accommodation.

1. The N.I.E. ( "Alien identification number)-identification number for immigrants or foreign citizens

The most important thing to buy a property in Majorca is that first I request a Spanish tax number. This is very important for all legally binding companies, such as buying cars, hiring contracts, buying real estate, etc., because without this number almost nothing is possible in Majorca. You should contact the immigration office of Palma de Mallorca for the application of the N.I.E. The appointment is only done online. If you can not travel to Spain, there are also service providers there who can do these things for you from a rate of €150.00.

2. You must have or open a Spanish bank account

Here is actually the case that the purchase of the property in Majorca is still handled today through a confirmed bank check. For this reason, it is very important that you have established the account with the notary no later than 14 days before the appointment. To open an account in Spanish, you also need the N.I.E. A timely setup is required so you can pick up the check (heel) on Beurkundyding day. This includes the amount of the purchase price as well as ancillary purchase costs.

3. Financing by the Bank

You should know before buying real estate in Majorca that only a small number of banks in Germany finance such a purchase. The risk in processing and evaluation is too large. To avoid frustration, it is better to get the property financed by a Spanish bank. German banks usually only offer the possibility to rent their own property in Germany in order to be able to finance the property in Spain. Most of the time, however, you decided to have a property even before you talk to the bank. And in Spain, however, unlike Germany, a renewal option or contract is legally binding even without being a notary. This governs § 113b, paragraph 1 of the Civil Code. The purchase agreement could also be concluded without a notary. But then there would be no entry into the land register, which would alleviate the "protection of good faith "

4. The booking contract as compared to the option contract

In this agreement, the seller must keep the property free for a certain period of time for a reasonable period of time for a manageable booking fee. If the prospective customer buys the property within this period, the rate will be charged with the purchase price or the rate of the option. This could be a few thousand euros. The fee is lost if the prospect chooses not to buy. In most cases, however, the real estate in Majorca is opted for a purchase option contract. This will incur an option rate of 10% of the purchase price. This is deposited in most cases in a trust account by the notary or broker. At the same time, the buyer of the property has also acquired the right to purchase it within the time limit specified under the specified conditions. In the course of the period, the buyer summons a lawyer or broker from the seller to an appointment to sign the notarized purchase certificate. If the property is not purchased by the buyer after all, the option provider will receive the rate of the option. However, if the seller terminates the purchase contract, as it may have sold the property to a higher bidder, it will have to pay the option fee.

Both contracts must be clearly understood and defined in cases where the deposit will be forfeited if there is a breach of purchase of real estate in Majorca. After all, if the owner only reveals defects or similar after, the potential buyer should not have to stand up for them.

5. Obtaining the registration of the property (note record)

This must apply to the competent Spanish Land registry. Since it is a public record and you have a legitimate interest, you can reach it there. A mere interest in buying is enough to get a land register extract when it comes to buying real estate in Majorca. When the extract is obtained for the certification process, the land register receives a 10-day suspension. To apply, it is sufficient to specify the location of the property, as well as the name of the current or former owner. This will not be reported from the collection of the extract. In a complete excerpt, the exact dates of all relevant important documents are entered and at what point they were presented. You, as a prospective buyer, should keep in mind that landlords and sellers are uniform in the Land Registry.

The land register contains, among other things,

The following information: The registered owner (current headlines)
The description of the property with the location, indication of the built area, size, type of property such as garage, apartment, plot, house, etc.
Date of Encome
How the property is acquired
Possible charges (such as track rights or mortgages)
Possibly adjacent objects
The Cadastral reference number

People who own the rights to this property are listed there with the number of taxes, and the names. This applies to legal and natural persons.

6. The extract of the cadastre (Castro summary)

When buying a property in Majorca, the cadastral extract is an important institution. The cadastral office in Spain and Majorca is a secondary system that provides information on real estate and land, its description and limits, as well as the position of the map and other information and figures. The Spanish register Office "cadastre " also establishes the cadastral value ( "cadastral value ") of the real estate and its taxes. Cadastral plans show you the existing dependencies, a tennis court or possibly existing pool, as well as the superstructures around the property. The value of the land increases, of course, although it has been built a lot there. However, taxes are correspondingly high. For this reason, the municipalities are happy to have aerial photographs of the property and the property taken to find out if the buildings may have been built there without a permit. If such buildings are located, they are entered into the cadastre and taxes are collected. Whether you have permission planning for him or not.

In summary, the structures, planes or parcel sizes indicated are not legally binding. These serve only as benchmarks so that taxes can be calculated. It is also necessary to keep in mind that the Spanish cadastre is not constantly updated. This means that if you buy real estate in Majorca, it is important to request the cadastral extract in time so that there is a current extract in the appointment with the notary. Now you can easily request the extract online. The application must be made at your own expense. You should also remember to report all buildings carried out after you have purchased the property, such as additions, extensions, etc., to the cadastral office. This request for updating must be made within two months and also at your own expense. If you do this too late, a fairly high fine of up to € 6.000.00 can come to you.

7. Certificate of non-infraction urban development

Whether there are any violations of public law or even a demolition order for your chosen property, you cannot see in the land register or extract. The best thing is to clarify this with the city Council. If there are no construction breaches or a demolition order, you will receive a certificate of urban non-infringement. It is best to find out how long it takes for the city council to examine the situation and issue the documents.

8. The room certificate (skill card)

When you buy a property in Majorca, you also need a certificate of habitability. This certificate on your home or apartment is issued by the responsible community. This confirms that your property, which will be used for residential purposes, is also habitable. It will be checked if the property complies with the minimum requirement for sanitation, size and technology. Only with this certificate you are allowed to establish connections of electricity, gas, water, sewer and telephone, otherwise your property is, so to speak, of no value.

If a property is completed, expanded, renewed or used differently for the first time, the so-called first certificate of subscription (first occupancy card) will be prepared. The validity of this certificate is 10 years. Often the seller presents the potential buyer with an invalid or expired certificate. Consider this to buy a property in Majorca and be sure to ask the seller for an extension certificate ( "Renewal card").

9. The Energy Efficiency certificate

(01.06.2013, energy certification has been compulsory in Spain. This was previously only applied to the new properties, and from that date also to the existing properties. This means that if you buy a property in Majorca, you must apply for the seller's energy certificate. This is important for an overview of the electricity, heating and refrigeration assessment. The sum of the global assessment is based on the separate criteria of the efficiency classes. This data can be found on the first page of the Power card. CO2 emissions serve as a unit for energy consumption. You can also see the document's recommendations on how to reduce the energy consumption of the property. The energy certificate may only be issued by an authorized civil engineer or an authorized architect and is valid for a period of 10 years.

With this scheme, the Spanish government wants the owners of homeowners regularly face the property in the purchase of real estate in Majorca and invest in renovation and modernization measures.

If you are the owner for the first time on the property, you must also apply for an energy certificate. Depending on the nature and size of the property, the "Energy Efficiency certificate" Price may vary from €200.00 to €500.00.

If the architect is at hand to create identification, have views and floor plans ready according to the Land Register declaration. Otherwise, the architect will have to make a stand and also charge you. The appointment with an architect very quickly. A phone call to program is all you need. You can find certified companies to create this card from the Internet, among others. Once the architect has collected all the data, it will be presented accordingly and recorded in the register.

You cannot sell or rent any property without this energy certificate. Without this document, the broker unfortunately tied his hands when buying a property in Majorca. The exposé, or for example, an advertisement on the Internet, should indicate the level of energy efficiency.

10. The appointment in the notary

What happens on this date? The notary will check his or her documents of both parts for the integrity required for the purchase of real estate in Majorca. These include, but are not limited to, the tax number, identities, current extract of the Land Registry and, if necessary, the extracts from the Mercantile registry. It also examines whether there is a certificate of habitability, property tax receipts, the certificate of payment of community costs produced by the administrator and the energy certificate. The notary also verifies the paternity of the cheque.

The following documents are required at the notary's appointment by the buyer and seller:

The current extract from the Land Registry (note record) • Valid identity documents for three months or more
The Spanish tax number collected (N.I.E.)
The seller's registered purchase certificate
A new construction permit (license d ' new work) and the certificate of residence (license d ' first occupation), which is only required for new buildings
Documents presented by the seller on the last payment real estate tax in Spain (IBI)

11. The contract of sale notarized (public deed of sale)

This is compulsory so that you, as a new owner, can register for the property registry. Unlike Germany, a Spanish notary has limited duties. In Spain, it suffices for the latter to present only the essentials of the document to the parties. You also need to deal with document fulfillment. This includes, for example, the payment of taxes or registration in the property registry and is usually done by managers (Administrator or agency to carry out the official paperwork) or lawyers. In addition to the general data of the parties, it contains a purchase contract document, purchase price, an accurate description of the property including possible charges, as well as payment methods, which lists who has to bear the costs.

If all documents are completed at the notary's appointment, the notary will be ordered by the notary-for what he has already done-the registration of the current land of the property registry. Once all the documents have been verified and considered positive, an appointment will be made to the notary to sign the purchase agreement with the seller and the buyer. During the appointment, the notary verifies the identities of the vendors and buyers, and also compares the details with the record extract of the current collected land. If you agree, inform both sides of your duties and rights. Discuss the notarial purchase agreement with them.

If both parties have signed, the cheque will be delivered by the buyer to the seller. This gives the key to the buyer. When buying real estate in Majorca, the buyer-in the case of you-immediately receives a copy of the proof of purchase ( "simple copy "), which you can take with it. This is why you only get one copy for the time being, as the notary needs the original for land registration after certification. In advance, the Office will be informed by fax of the certification. Entry into the land register requires not only the original script, but also the taxes must have been transferred to the Tax Office. After about half a year, you can receive the original purchase certificate and add it to your documents.

It is particularly important to note that you never get involved in subsecuritization when buying properties in Majorca. In this case, the purchase price was paid in part in cash and, therefore, a reduced purchase price could be entered into the purchase certificate, which was paid by a cheque official. However, this approach has been beneficial to both sides. The seller might save the profit on the irrational part of the purchase price and the buyer on it the land acquisition tax, which was about 8% to 11%. But if the property were sold again, the seller would have to pay a tax of 19% on the benefit of the book, since there is no speculative period in Spain. However, some time ago, the Spanish state put an end to article 57 of the law, article 57. For example, against the fight against fraud, tax offices can estimate the value of the property and still require the buyer a higher land acquisition tax, as well as a new tax on additional profit four years after That the property was acquired. However, in order for the tax Office not to require any horrible sums from you, a property assessment may be submitted so that you can refute that the tax Office estimates have been set too high. Finally, a subsecuritization would be noticeable at the latest after this process. A subsecuritization when buying real estate in Majorca, therefore, would only be worth the short term and in the end you even pay really.

Final words

We hope we have been able to help you with this guide. We are real estate agents and we are also delighted to help you personally in the processing process for buying your dream property on a dream island. Contact us in person so that we can soon congratulate you on your new property and you can realize your dream.