Buying a Home in Spain
David Hamphire
Buying a Home in Spain is required reading for anyone planning to buy property in Spain. It contains a wealth of priceless information and insider tips to help guide you through the Spanish property jungle, and save you time, trouble and money. Irrespective of whether you’re buying a family, holiday or retirement home, or a property purely as an investment, this guide will help ensure a smooth, problem-free transaction. Whether you want a modern villa on the Costa del Sol, a traditional farmhouse in rural Majorca or a period apartment in Barcelona, Buying a Home in Spain will help make your dreams come true. Don’t leave home without it!
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Other guides for Spain
Extracts from the book…
Notary's Duties
Since 1993, a notary has been required to make a check of the property register (registro de la propiedad), such as the name of the title holder, description and whether there are any charges or encumbrances against the property, not longer than four days before the signing of the deed. This information must be included in the deed. However, some notaries try to release themselves from their obligations by adding an escape clause to the deed stating that the buyer agrees that the notary isn’t responsible if charges are found against a property after the purchase. Naturally, this isn’t explained to a buyer and could be construed as fraud on the part of the notary, because if he took the trouble to explain it to the buyer, he wouldn’t sign it.
You should refuse to sign a deed when such as clause is included (yet another good reason to have a lawyer check a contract).
In Spain, the deed is prepared by a public notary, who’s responsible for ensuring that it’s drawn up correctly and that the purchase price is paid to the vendor. The notary also certifies the identity of the parties and witnesses the signing of the deed. He may also arrange for its registration (in the name of the new owner) in the local property register and collects any fees or taxes that are due.
A notary represents the state and doesn’t protect the interests of the buyer or the seller and rarely points out possible pitfalls in a contract, proffers advice or volunteers any information (as, for example, an estate agent often does).
You shouldn’t expect a notary to speak English or any language other than Spanish (although there are some that do) or to explain any of the intricacies of Spanish property law. Your lawyer should check that the notary is doing his job correctly, thus providing an extra safeguard.
For further information, see Legal Advice on page 115 and Avoiding Problems on page 114.
Health Insurance - Residents
If you contribute to Spanish social security, you and your family are entitled to free or subsidised medical and dental treatment. Benefits include general and specialist care, hospitalisation, laboratory services, discounted drugs and medicines, basic dental care, maternity care, appliances and transportation. Over 95 per cent of the population are covered by the public health scheme, including retired European Economic Area (EEA) residents (with a residence permit) receiving a state pension. All autonomous regions have their own health schemes, such as Andalusia with its Servicio Andaluz de Salud/SAS and Catalonia, where the Institut Catalá de la Salut/l’ICS operates. If you aren’t entitled to public health benefits through payment of Spanish social security or being in receipt of a state pension from another EEA country, you must usually have private health insurance and must present proof of your insurance when applying for your residence permit. If you’re an EEA national of retirement age, who isn’t in receipt of a pension, you may be entitled to public health benefits, if you can show that you cannot afford private health insurance.
Anyone who has paid regular social security contributions in another EU country for two full years before coming to Spain is entitled to public health cover for a limited period from the date of their last contribution. Social security form E106 must be obtained from the social security authorities in your home country and be presented to the local provincial office of the Instituto Nacional de la Seguridad Social (INSS) in Spain. Similarly, pensioners and those in receipt of invalidity benefits must obtain form E121 from their home country’s social security administration. Retirees living in Spain and receiving a state pension from another EU country are entitled to free state health benefits.
You will be registered as a member of the health service and given a social security card (tarjeta sanitaria), a list of local medical practitioners and hospitals, and general information about services and charges. If you’re receiving an invalidity pension or other social security benefits on the grounds of ill-health, you should establish exactly how living in Spain affects those benefits. In some countries, there are reciprocal agreements regarding invalidity rights, but you must confirm that they apply to you. Citizens of EEA countries can make payments in their home country entitling them to use public health services in Spain and other EEA countries.
The public health service places the emphasis on cure rather than prevention and treats sickness rather than promotes good health. There’s little preventive medicine, such as regular health checks and a comprehensive immunisation programme for children (preventable diseases such as TB, tetanus, diphtheria and typhoid haven’t yet been totally eradicated). The public health service has limited resources for out-patient treatment, nursing and post-operative care, geriatric assistance, terminal illnesses and psychiatric treatment. Perfunctory treatment due to staff shortages, long waiting lists as a result of a shortage of hospital facilities, and a general dehumanisation of patients are frequent complaints made against Spain’s social security health system. Many problems are related to crippling bureaucracy, bad management and general disorganisation. However, attempts at reform have had some success and there are several public hospitals run as successful profit-making enterprises. Eventually, the health service intends to make all hospitals and general practices, self-administrating.
When you receive your social security card, you’re usually assigned a general doctor (médico de cabecera) at a health centre (centro de salud) in the area where you live. You can switch to another doctor in the same area, depending on availability and a doctor’s number of patients. No payment is made when visiting a public health service doctor, where you’re simply required to produce your social security card.
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PRICE: £12.95
PUBLICATION: September 2006
EDITION: 6th
PAGES: 416
BINDING: paperback
SIZE: A5 (210mm x 148mm)
COLOUR PHOTOS: 40
