In Belgium and the Netherlands, the notary has a crucial function in the safe completion of a real estate transaction. This whether for purchase, sale, inheritance or donation. In Spain, the notary's role is obviously also essential to finalise the transaction. However, a Spanish notary does not guarantee the safety of the transaction. Nor do they represent your interests. This is done by your lawyer in Spain.
Lawyer in Spain: better prevention than cure
That is why it is important that you seek the assistance of a specialist in a property transaction. On this page, you will find more information about what lawyers in Spain do precisely when:
- buying property;
- selling real estate;
- Inheritance and gifting in Spain.
You buy a property in Spain
Buying a house in Spain is not something you do every day. You are also making a significant investment. And knowing that you are responsible as the new owner for the charges on the property, you understand the importance of legal checks on the property. In addition, clients regularly have questions about the urban planning situation, for example building violations, the possibility of installing a swimming pool or obtaining a rental licence. Finally, the seller will have to put a number of things in place. For example, think about regularisation.
These investigations and defending your interests in the preparation of the compromise and notarial deed are essentially the main tasks of a lawyer in Spain.
You are selling your house in Spain
When selling your home, it is important that your rights and obligations towards the buyer are included in the purchase agreement. That way, the buyer will have a harder time claiming against you later. You also have guarantees about the method of payment for your property. Finally, take into account the Spanish capital gains tax.
Inheritance and donations
If you inherit property in Spain, the estate must be settled not only in Belgium but also in Spain. Otherwise, you will not be able to sell. The settlement of an estate, including the declaration and payment of inheritance tax, is taken care of by a lawyer in Spain. Through our firm, however, you do not have to travel to Spain for this. We can settle an estate from Belgium.
The same applies to a gift. As part of succession planning, it may be appropriate for you to first donates foreign property. In doing so, we must then take into account Spanish gift taxes.