The properties we sell are part of a mature residential community that have had the same zoning laws for the last 30 years. Therefore buying here is safe because the homes are built on urban land that has been urban for years. Nevertheless for your own peace of mind and security, once you have decided on the property that you want to buy and have reached an agreement with the vendor on the price and conditions of the sale, it is a good idea to find a local solicitor that speaks your language that can do all the legal checks for you, handle the registration of the sale and act on your behalf when you aren't here. If you are taking out a mortgage on the property, a solicitor isn't imperative because between all of the documentation required by both the bank and the public notary, every aspect of the sale and property will be thoroughly checked before proceeding (with the exception of the step 2 which should be confirmed separately) and the bank will handle the registration of the sale.

Step 1: Check the Nota simple informativa

The Nota Simple is a summary of the Title Deed that is registered with the local land registry office (known as the Registro de la Propiedad). The Nota Simple is dated and should be less than a month old so that you can verify the actual owner of the property, see if there are any debts on the property and ensure the description of the property matches the property you are interested in buying. When you are purchasing a detached villa, there is just one Nota Simple which covers both the plot and the home which is built upon that plot.

In the event the owner has a mortgage on the property, the mortgage will be cancelled immediately prior to the signing of the Sales Deed (Escritura). In fact, both documents are signed in front of the public notary and part of your payment will be a cheque made out to the bank that the seller has the mortgage with. This way you are ensured that part of your payment will be used to cancel the mortgage. The property is then sold free and clear.

Step 2: Verify what future development plans exist for the area

The Town Planning Department of the Local Council can inform you of the zoning status of any empty land that may surround the property you are interested in and of any roads or other building works that are planned. We are able and happy to provide you with this information as well as we have excellent contacts at the town hall through the development arm of our company. We also live on same estate where 99% of our resale properties are located so we are well aware of the future plans for the area.

Step 3: Exchange private contracts

Once you have verified that you are dealing with the legal owner of the property and that the property is properly registered in his or her name, it is time to sign a private purchase contract in which the seller expresses their intent to transfer the property to the buyer, and the buyer expresses their intent to purchase the property at an agreed upon price and conditions. A date for completion will be stipulated in the contract, and the seller commits to clear any outstanding debts prior to completion. The contract will also specify whether the purchase is subject to any further conditions or checks. A deposit, which is typically 10% of the purchase price, is paid directly to the vendor or developer. The deposit is non-refundable if the buyer backs out of the transaction for his/her own reasons, but if the vendor pulls out, s/he must pay you double the amount of the deposit.

Step 4: Secure financing & have a valuation done

If you will be obtaining a mortgage, then the bank or mortgage provider will have an official valuation of the property done. This is the lender's way of confirming the value of the property.

The surveyor uses two methods to calculate the value of a property. Firstly, they visit the property to determine its exact location and they measure the property to verify the actual number of square meters. They then multiply the number of square meters by the value per square meter that applies to the area where the property is located. This is very important because each city, town and even urbanisation has a different value per square meter. This value then gets adjusted by various factors, such as whether the house can be moved into immediately, if renovation is required, how good the views are and the location. The second method used in the valuation is to find similar properties that have been sold in the area recently and check the prices they have been sold for.

Each lender tends to work with a specific survey company, so it is best to wait to have the valuation done until you know which bank you will work with. You will need to pay the lender for the cost of the valuation. The cost is determined by the value of the property.. On villas of the calibre we have for sale, the valuation costs around 650 to 1,000 euros. The surveyor (tasador) is a licensed architect, so they also examine the structural integrity of the house.

Please note that it is possible to have a pre-valuation done and there is no charge for this. The appraiser just needs a copy of the Nota Simple.

Step 5: Apply for your non-resident identification number (NIE)

It is a legal requirement that everybody has a Spanish fiscal number before they can conduct a transaction which has tax implications, such as buying a property. This number isn't required for signing the private contract or for opening a bank account as your passport number can be used, but it is necessary for completion of the sale. Your foreigner's identification number can be easily obtained by visiting the Foreigner's department of the police station in Motril. You just need to present your passport and complete a form that contains your permanent address. We will be happy to go with you to apply for this number. Normally within 2 weeks time this is ready and it can be sent to or collected by your solicitor or local representative.

Step 6: Complete at the notary

The next stage is completion. This is when the public title deeds of purchase are signed before a notary, who is a local government official. If you are not able to be there in person, then your solicitor can sign on your behalf as long as s/he has a power of attorney. The power of attorney can be obtained in advance from the public notary. If your purchase is financed by a mortgage, the bank's local representative will also be present. If the vendor has an outstanding mortgage, a representative of their bank will be there as well to cancel the mortgage and collect the amount due. At this point, your final payment is made and the property is yours.

Step 7: Register your purchase

Immediately upon completion, the notary will fax a note of the title deed to the local land registry office. This prevents the previous owner from selling your property to anyone else since all public deeds require an up to date version of the title that the notary applies for directly from the local land registry office. This is an important safeguard that is built into the system.

You/your solicitor then have 30 days in which to pay the transfer tax and present your title deeds to the local land registry office. Final registration may take up to two months. Your solicitor will send you a copy of the deed once it's registered.

Step 8: Transfer the utility contracts into your name

Once you have signed at the notary, you are now able to transfer accounts with the local utility companies and inform the community that you are the new owner so the community bills can be sent to you. The town hall and Catastro office must also be notified so the property taxes can be put into your name. The easiest thing to do to ensure your bills are paid on time is to organise direct debits through your local bank with the electricity, phone, community and town hall.