Real estate on the Costa Brava
Call on a tailor-made consultant
With over 20 years of experience in the real estate sector on the Costa Brava – Catalonia, and primarily catering to a European clientele, I now offer to become your ambassador for selling your property in Northern Spain, particularly the Costa Brava, also known as “the wild coast”!
No matter where you reside in Europe. I commit to becoming your personal consultant by rigorously executing the tasks you entrust to me. Here is the added value you are seeking a tailor-made service!
I am half Belgian, half Dutch. Working in various locations has allowed me to explore numerous European countries before settling permanently here, in the Bay of Roses – La Marina d’Empuriabrava. So, whether French, German, Dutch, English… I fluently speak your language, and your culture is familiar to me. My mastery of several languages enables me to establish smooth communication and an absolute understanding of your needs.
Transparency is not just a word; it’s a commitment! I assure you of human contact, active listening, and strong responsiveness, because your project is actually much more than signing papers. It’s essential to me to building a unique human relationship based on mutual respect and absolute transparency.
Throughout my career in real estate, I have had the privilege of working with a dedicated team which ensures the complete management of my services to meet your needs in order to guarantee you personalized and quality service.
Our goal is to offer you a smooth and tailor-made real estate experience that fully meets your expectations. Contact me by phone, let’s schedule a video meeting; I am at your service! Your satisfaction is our priority and our availability is key.
Contact me, and you will see!
Are you looking to sell your property in Catalonia, Costa Brava?
I am confident that I can achieve this within your given timeframe. Browse through my catalogue, and you will see for yourself that very similar properties are already listed.
However, you may argue that yours is unique, and you are right! I guarantee that I will recognize and fully appreciate its distinctive advantages.
I have an in-depth knowledge of Catalonia, and my 20 years of experience allow me to benefit from the support of a well-established team in the region. Moreover, the numerous transactions I have successfully completed also provide me with an international pool of potential buyers.
A real estate transaction involves both commercial aspects and administrative pathways that may seem complex to you. I am well-versed in these procedures and am here to assist you throughout the process.
Whether you reside in the Netherlands, Belgium, Luxembourg, France, Germany, Switzerland, or elsewhere, and you do not have the time to travel to your property on the Costa Brava? As your ambassador, I am entirely at your disposal. With my experience and international interests, I speak your language fluently and understand your culture.
Contact me via email, phone, video call, WhatsApp, or in person. You deserve exceptional service, and that’s what I offer you!
Without necessarily articulating it, you have the intuition that, to successfully carry out your real estate project, the professional you need must offer you more than just the result of their solid experience.
Currently, various obligations, whether professional or private, prevent you from dedicating the time you would like to devote to selling your property, which is sometimes imperative.
This is where I come in, no matter where you reside in Europe. I commit to becoming your personal ambassador by rigorously executing the tasks you entrust to me. Here is the added value you are seeking – exceptional service – a tailor-made service! A partnership to make the sale of your house a success. A close collaboration based on transparency and clarity that builds mutual trust.
In this partnership, it is important that you can freely express your wishes and expectations. This requires more thorough introduction and coordination. You can rely on my full attention and time during this process. I am entirely at your disposal.
The goal of obtaining a realistic appraisal “una tasación” is very important. Once you have decided to sell your property, you want it to happen within the shortest time possible, don’t you?
Many intermediaries – real estate agencies make unrealistic estimates based on the current market, solely to secure a sales mandate. Result: your property will not be sold within 6 months and may not even be sold at all… within 6 years. So, beware of this trap!
Make sure the appraisal is well justified, neither underestimated nor overestimated.
What do we pay attention to in order to provide you with the best possible and realistic assessment so that your property is sold within 6 months once listed:
Getting the right price is what you want!
But it’s not so easy to correctly appraise a property. Even if you know that the house across the street was sold for 350,000 euros, it is not certain that you will get the same price for yours, simply because it may not have the same advantages or disadvantages as the neighbor’s.
And it’s not certain that buyers will value as much as you think the fact that you have renovated your kitchen, while your neighbor’s was outdated.
The equilibrium price remains determined by the market, supply, and demand!
Home staging can breathe life into a property, creating a warm and welcoming atmosphere for potential visitors.
Home staging is a cost-effective operation to facilitate the sale. It is much faster than undertaking heavy renovation work, as the cost of renovating a house is significant. The aim is to minimize expenses to revamp your apartment or house and economically enhance its value.
In essence, home staging involves making a few simple and inexpensive adjustments to sell your property quickly and at the right price.
Sometimes, all it takes is a few things to trigger a buyer’s love at first sight. It is common to hear that the sale is decided within the first 90 seconds of the visit. Therefore, it is important to offer a house or an apartment that can appeal to the widest audience. With home staging, you get to showcase your property.
With the emergence of many television shows focusing on decoration and home staging, this principle has found its place in the knowledge of many people. Despite this trend, there is no doubt about the effectiveness of home staging to quickly achieve the sale of the property.
To allow you to establish a budget for home staging, we can provide you with some common data in this practice:
How do we prepare the sale of your property to ensure it goes smoothly?
Firstly, it is important to adhere to the following 6 methods:
In reality, the opposite is true: signing an exclusive contract with a real estate agency broadens access to potential buyers.
In conclusion, contrary to popular belief, it is indeed preferable to entrust your property exclusively to an agency you trust.
*Exclusive Mandate
This involves entrusting the sales mandate to a single real estate intermediary. Slightly more restrictive, the exclusive mandate is generally the most effective and fastest way to sell your property in Spain. Indeed, properties exclusively entrusted to a single agency usually sell in less than 6 months, while this period can double for a simple mandate.
The real estate agency will do everything in its power to sell your property, as it is also in their interest. Your property will be presented to a large number of targeted potential buyers to accelerate the sales process.
*Simple Mandate
This mandate has the advantage of being flexible, as you reserve the right to entrust the sale of the property to multiple real estate agencies and are free to deal with other potential buyers that these agencies may not have presented to you. This way, you can increase the chances of quickly selling your property to the buyer of your choice.
However, be cautious; posting an ad on multiple portals simultaneously could send a negative signal to potential buyers. They might assume that your property is struggling to sell for certain reasons.
Additionally, there may be a price difference between different agencies, depending on their fees, which could further worry potential buyers. Generally, real estate agents are also less motivated when they know that you or another agency may find a buyer instead.
We provide a detailed description of the property as well as the area in which it is located, and the advantages and services nearby, such as shops, boutiques, restaurants, distance to the nearest airport, nearby golf courses, etc.
This is why a legal service must undertake, among other things, the following steps:
These verifications result in the issuance of a certificate from the provider confirming that everything is up to date.
The sales agreement is a private contract established between the buyer and the seller. Called “Arras” in Spanish, it is not signed in front of a notary but will be requested by the notary on the day of the sale. The notary will thus verify the conditions agreed upon between the parties.
The Arras contract will include many essential pieces of information:
In most cases, the financial advance made by the prospective buyer at the time of the (reservation) “señal”, is 10% of the total price of the property.
In the majority of cases, the agreements are signed between two individuals and are called “arras penitenciales.” They are regulated by Article 1454 of the Spanish Civil Code.
If the purchasing party withdraws, they forfeit the advanced sum. If the selling party withdraws, they are obligated to reimburse double the amount advanced by the buyer.
See the section “Arras” for more information…
We can carry out the necessary steps for your sales project through a POA. You can easily request these to your local notary near your residence. With this power of attorney, we manage your real estate project, no matter your country of origin!
The power of attorney, or “Poder Notarial” (especial), is an authorization for representation, which takes the form of a legal document. It is signed between a principal (one or more individuals or legal entities) and an agent (an individual or company), authorizing the latter to act on behalf of the former.
There are 3 ways to obtain a POA:
If it is to be used for financial or tax transactions, such as in a real estate purchase or sale, all parties must have a Spanish tax identification number, or N.I.E if they are foreigners.
All countries have administrative formalities, forms to fill out, and certificates, licenses, and permits, but some say that Spanish bureaucracy is in a class of its own. Particularly in Catalonia, foreigners are not the only ones who have to deal with this paperwork, or “papeleo,” shop. Spaniards themselves face the same problems. This situation has given rise to the gestor, a typically Spanish institution accredited by the government.
They have no official power but the services they offer can save you time, effort and money and help you navigate he multi layers of bureaucracy and government departments involved when selling or buying a property in Spain.
Their familiarity and regular involvement with both the systems and professionals help accelerate the sales-buying process and ensure all the necessary boxes have been ticked so you don’t encounter any “surprises” further down the line.
Let us guide you to find a gestor tailored to your needs and in your language via PM.CAT.
You can verify your details both at the “Catastro” and the property registry, “El Registro.”
The cadastre office manages measurements, precise boundaries, and physical properties of the land. You must ensure that this description in the Catastro aligns with the description in the “escritura,” which legally records the property.
If not, you can always ensure that the cadastral data is adjusted to the actual measurements of the land and that these are in turn included in the deed.
In case of a difference of more than 15% between reality and the cadastre document, it is necessary to rectify the square meters by an official surveyor at the town hall before selling your property.
It is very important before selling your property in Catalonia that the data of your property matches the data marked on the Registry document called the “Nota Simple Informativa.”
What information can be found on this document?
How can one simply verify that the property is correctly registered on the Nota Simple?
The certificate (or certificate) of habitability, also known as the “licencia de habitabilidad” (certificate of compliance), is somewhat like a pass.
It is an official license issued by the competent authorities in Spain after inspection by an expert, proving that the housing is ready to be inhabited.
Some unscrupulous sellers take care not to mention that the property for sale does not have a license. Others, in good faith, simply do not know its role or necessity at the time of the real estate transaction. In any case, it is quite simple to obtain it and regularize the situation if necessary.
There are 3 types of “licencia de habitabilidad”:
When can you be asked for it?
To obtain the certificate of habitability, certain general conditions must be met:
Currently, “there are two regulations in force,” says the architect, depending on the year of construction of the property:
Here are the details:
The N.I.E. (Número de Identificación de Extranjero) is a tax identification number for non-residents, foreigners. You need this number to buy, sell, or rent a property in Spain, or to be able to work. This number is personal, unique, and lifelong.
You can obtain it from the Spanish embassy near your residence or request it from your agent or intermediary in Spain.
Approximate cost at an Embassy: €10 (duration of obtaining approximately 2 months or more).
Approximate cost through your agent or intermediary: €120 plus 21% VAT (maximum duration of obtaining 1 month).
Literally translated, a “asesor fiscal” is a “tax advisor,” essentially a specialist tax accountant. When it comes time to sell your property, your second residence in Catalonia, make sure to consult a tax advisor tailored to your needs and in your language via PM.CAT.
*For foreign individuals with a second residence in Catalonia, this is not necessary.
*For foreigners with businesses or companies in Catalonia, this can be useful.
Unlike a gestor or a real estate agent, anyone can establish themselves as a tax advisor, as there is no legal obligation.
Spanish tax resident residing in Spain is an indication of tax residency. Tax residency in Spain is reserved for individuals who live more than 183 days in Spain. Therefore, if you do not live more than 183 days in Spain, you do not have tax residency in Spain.
TAX RESIDENCY CERTIFICATE
There is a tax residency certificate. This topic is less known and mainly concerns residents in Spain. The tax residency certificate is what a resident needs, if they want to sell real estate in Spain (a property registered in their name) and avoid the 3% withholding tax that non-residents must pay on a sale. Even if you have a green card and have been living in Spain for more than 6 months, you will need to request this certificate when selling real estate in Spain.
The bank account for non-residents is the same as that for residents in terms of fees and commissions. You have access to online services. Spain offers bank accounts to both residents and non-residents. However, these bank accounts are significantly different from each other. While resident accounts are taxable, non-resident accounts are not, but higher rates apply.
In general, Spanish banks may charge higher commissions than those in the rest of Europe. However, many banks compete for expatriate business, and favorable deals can be obtained.
Today, you are no longer required to keep your Spanish bank account thanks to the SEPA zone, neither for automatic debits of your property nor for the sale of your house. Payments can be made directly from or to your residential account.
There are different ways to stop an automatic debit:
*This request must be made via a registered letter with acknowledgment of receipt, specifying the identifier and the Unique Mandate Reference (UMR).
*As a precautionary measure, it is better to keep your bank informed.
Canceling a mortgage in the registry usually requires a notarial procedure, the cost of which is known as mortgage cancellation fees. We will explain the ways to carry out mortgage registration cancellations.
A mortgage is a guarantee in favor of a creditor. The creditor – usually a financial institution – can retain it when the borrower fails to repay the loan. Once the obligation is fulfilled, the debtor has the right to cancel the guarantee, meaning to cancel the mortgage.
Cancelation:
This procedure is cheaper than if you decide to go to the bank and ask the bank to do it for you. At the end of this process, the notary authorizes the deed signed by the bank where he hands over the loan repayment letter and lifts the mortgage on the property. Once the deed is signed, it is settled as exempt from property transfer tax and documented legal acts and is registered in the property registry, concluding the process with the settlement of the provision of funds to the client. In this case, it may be indicated that cancellation requires notarized processing.
What expenses are involved in canceling a mortgage loan? There are 3 types of expenses:
Notary fees:
This is what the notary charges to prepare the cancellation deed. They are calculated by applying a percentage to the initial amount of the mortgage. According to the law, its minimum cost is €90.
Registration fees:
This is what the notary charges to initiate the mortgage discharge procedure. It is also calculated by applying a percentage to the loan amount. Its minimum cost is €24.
Management fees:
This is charged in the event that a manager is hired for the procedure. The fee can vary between €500 to €900.
What taxes are paid for canceling a mortgage loan?
There are no taxes to be paid for canceling the mortgage.
Termination:
Exceptionally, a public deed is not necessary because Article 82 of the mortgage law provides that “the period indicated in the applicable civil legislation for the prescription of actions derived” from the mortgage guarantee has elapsed. The duration is 20 years.
How is the time counted?
The counting starts from the “day when the performance guaranteed by the Registry should have been fully paid according to the Registry.” This therefore corresponds to the scheduled amortization date in the contract.
Are there exceptions to this calculation?
Yes, provided that within the year following, the Registry does not indicate that they have been renewed, that the prescription has been interrupted, or that the mortgage has been seized. In this case, it is not necessary for the notarial deed of mortgage cancellation to be granted because it is considered that for the elapsed years, it is not necessary.
What steps need to be taken to terminate a mortgage loan?
The mortgage must be canceled in the property registry.
Step 1: Request a zero debt certificate from your bank. This is a free document.
Step 2: Choose the notary you want and bring them the certificate. With it, sign the public deed of loan termination.
Who should pay the mortgage cancellation fees?
They must be paid by the holder of the canceled mortgage. In the case of selling an apartment, it is the seller and not the buyer who must pay the cost of the cancellation deed.
The “arras”, “deposit”, or “penitential earnest” in Spain, compared to the rest of Europe, functions more or less the same way.
That is to say:
If the buyer or seller does not appear on the specified day for the formalization of the public deed of sale, with prior notification, they can reciprocally compel, pursuant to Article 1,124 of the Civil Code, to fulfill the contracted obligations, being in this case obliged to compensate for the damages resulting from its breach, or, if the seller opts for resolution, he must demand payment from the buyer on the terms of Article 1,504 of the Civil Code. In other words, if the SELLER renounces the sale, he must pay the BUYER double the deposit, and in the event the BUYER renounces the purchase, he will lose the amounts paid as a deposit.
In Spain, unlike in France or Belgium, the notary is not an independent liberal professional; rather, they are a representative of the State. They are, in fact, a legal professional exercising a public function. For this reason, it is strongly recommended, both for the seller and the buyer, to execute a purchase-sale agreement through a Spanish Notary and not through a lawyer. The Notary is a public officer, akin to a judge, and you cannot employ them or ask them to act for you in the same manner as a lawyer or an accountant, although they can provide you with useful advice.
A few examples:
Their main mission is to ensure that certain matters are officially recorded and registered. This includes wills and different types of contracts, such as your purchase contract when buying or selling real estate. They will record your foreign monetary contribution during the purchase-sale of your property. They also register companies, and the official book (Libro de Actos) of a community of owners is presented with their stamp.
However, the Spanish Notary also offers paid services such as:
The notary receives fees for their services. The rates are set by law. The original of your real estate contract, the escritura, remains with the notary, where you can always request an authorized copy. They also keep the original versions of the Spanish wills they have drafted.
For instance, unlike in France and UK, in Spain it is the real estate agent and their team who are responsible for managing and handling a Sales Deed between the two parties. We handle all administrative and tax procedures before being able to sign the Sales Deed, “La Escritura,” and not the Spanish Notary!
This means that we are responsible for the following points:
There are 4 important points regarding the inheritance of property in Catalonia:
We could examine each of the points and details for you. Do not hesitate to contact us.
Are you subject to Spanish law?
The compulsory heir system of Spanish inheritance law theoretically applies not only to Spaniards but also to foreigners. This arises from the legal fact that most countries accept the civil law of the place where the property is located.
However, Article 9 of the Spanish Civil Code provides that in the event of the death of a foreigner, including an official resident, their assets in Spain may, if they wish, fall under the legislation of the country of origin. This could, for example, abolish the rule of “compulsory heirs” in Spanish law. It is therefore very important to also check the rules of your own legislation. Take, for example, the “legitimate portion” of Dutch inheritance law, according to which children can count on at least a minimum inheritance.
This freedom only applies if the deceased had a Spanish or foreign will. If they did not draft a will before their death, their assets in Spain will be distributed equally among their children, who are automatically their heirs: all the more reason to draft a will. However, Article 9 of the Spanish Civil Code does not exempt foreigners from Spanish inheritance tax, as will be explained in more detail below.
Foreign wills valid in Spain
From a strictly legal point of view, it is not necessary to draft a Spanish will for your assets. A French, Dutch, or Belgian citizen can simply include their apartment in Spain in their general will, and this is also recognized in Spain. However, a few steps must be taken for everything to go smoothly. If you have been living in Spain for a long time, it may be necessary to re-establish an official address in your country of origin due to the will to be made. You can do this by drafting an official letter to your lawyers expressing your intention to eventually return to your country of origin. This means that the laws of the country of origin will apply to the will you draft. Your foreign will, which can be drafted at your consulate in Spain provided that the required legal formalities are met, requires the following procedure for its legal validity:
Finally, the will is declared binding so that you can actually inherit your assets in Spain and your PM.CAT consultant can take care of it.
Overall, obtaining a valid general will in Spain is a complicated, lengthy, and costly process. It is clear that it will be preferable and more efficient to draft a Spanish will for your Spanish assets.
Inheritance tax
Spanish Succession Law does not provide major exemptions from inheritance tax if assets are passed on to a spouse or close relatives. The current law only provides a total exemption for estates worth less than €16,000. To be precise, the exemption rises to €15,956.87. This detailed amount results from the annual correction for inflation on an initial round amount.
We simply round it to €16,000. The exemption may seem low, but it applies to each heir separately, not to the entire property. Thus, if a couple’s joint real estate has a value of €120,000, half of it amounts to €60,000. If this is distributed among the spouse and three children, each will receive a share of €15,000, and no inheritance tax will be payable.
To prepare the inheritance declaration in Spain, a number of documents must be presented to the Spanish notary, including notably the apostilled French certificate of inheritance and its sworn translation into Spanish, the property title deed (and/or the bank certificate of balance existing in the deceased’s bank account at the date of death) as well as the Spanish certificate of last wills of the deceased, which can complicate the procedures and extend this formality accordingly. The “NIE” is required for each seller:
It should be noted that the inheritance declaration before the Spanish notary also requires obtaining in advance the tax identification number for foreigners in Spain (the “NIE”) by each non-Spanish resident heir: “Número de Identidad de Extranjero”: https://www.interior.gob.es/opencms/es/servicios-al-ciudadano/tramites-y-gestiones/extranjeria/ciudadanos-de-la-union-europea/numero-de-Identidad-de-extranjero-nie/
See the section “N.I.E” for more information…
Regarding taxes related to the inheritance declaration in Spain, under the tax treaty signed between France and Spain to avoid double taxation, the transmission mortis causa (due to death) of real estate located in Spain in favor of individuals with their tax residence in France is only taxable in the country where the real estate is located, namely in Spain and according to Spanish taxation.
All these procedures can take time, depending on the availability of documentation and the number of heirs. Therefore, it is important to be aware that the Spanish Tax Administration grants a period of six (6) months from the date of death of the deceased to settle and declare inheritance tax in Spain, a period beyond which penalties and late payment interests are incurred.
The transmission mortis causa of real estate is also subject to the tax on the increase in the value of urban land (“plusvalía municipal”), a municipal tax whose amount is determined based on the land value according to the Spanish cadastre and the period of ownership of the deceased.
See the section “Inheritance” for more information…
You feel the need to talk about your real estate project, to think about it, you would like to share it with someone.
Contact me by phone & WhatsApp on 00 34 660.893.926 or by email: pascal.messelier1@gmail.com.
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