Fly to let - Overseas property investment
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Spain, which once prospered by excluding other European powers from its New World riches, is now a leading member of the EU.
Situated in south west Europe, it has borders with France (from which it is separated by the Pyrenees) and Portugal, and a coastline that stretches either side of Portugal from the Bay of Biscay in the north to the Mediterranean in the south.

Important industrial areas are in Catalonia at the southern end of the border with France, and the Basque Country on the northern end. Both have their own ethnic languages and independent aspirations.

Most overseas investors, especially those with an intention of letting their properties, will look first at Spain’s popular Mediterranean coastline facing Morocco and Algeria. Running from north east, where Spain meets France, to south west, where Gibraltar is perched, these areas are the: Costa Brava, Costa Dorada, Costa del Azahar, Costa Blanca, Costa Calida, and Costa del Sol. The last three, being the most southerly, are the most popular.

Offshore there are the Balearic Islands, and further south off Africa are the Canary Islands, both a popular holiday and investment destination.

The current Spanish Government, whose party won the election three days after the Madrid train bombings last year, was elected on a ticket promising reduced government intervention in business, increased action against fraud, and reintroduction of labour market regulations.

Still catching up years languishing under Franco’s dictatorship, the Spanish economy has been resilient to the last international slowdown, the OECD decided in its last report on Spain. ‘Strong employment growth has led to a substantial decline in the high structural unemployment rate but labour productivity has stagnated’, it said.

Domestic demand sustained activity during the first half of 2004, but net foreign demand weakened while inflation rose due to the oil price shock, said the OECD. ‘Although some weakness can be expected in the short term because of the oil price hike, activity should accelerate again to close to 3 per cent over the projection period’.

A 2003 report from Banco de Espana concluded that house prices in Spain had doubled over the past 25 years, most of the increase coming in the last few years. Between 1997 and 2002, the average price of housing had risen by 78 per cent, and the (then) latest official information for the first quarter of 2003 showed a projected annual rate of increase of 17.5 per cent, it said.

Since then the Royal Institution of Chartered Surveyors’ European Housing Review 2005 has reported that ‘the housing boom… continued to power along during the first nine months of 2004’. Prices were still rising at an average annual rate of 17 per cent, and 18 per cent in Madrid.
UK investors have not been slow to pick up on the Spanish property boom and many have been buying development properties.

The buying process itself has some pitfalls. For example, estate agents, of whom there are very many, are not subject to statutory and professional controls. Also property taxes owed but unpaid by a previous owner (up to five years back) are a charge against the property regardless of a change of ownership. So a buyer can end up having to pay outstanding council taxes. Likewise unsettled mortgages remain a charge on the property.

In some areas there have been planning permission problems were investors have bought property built on land designated as agricultural and have found themselves having to contribute towards the cost of roads and utility supply systems when developers have moved into the area.

Spanish inheritance laws have strict rules about family entitlements that need to be considered.

Property ownership is recorded in a property registry which includes details of any encumbrances and charges. A parallel but separate registration system records the location, description and boundaries of the property and any shared services and areas in common ownership. The two are now always in full agreement.


Overseas property investment

SPAIN



Country information - Spain


Area:
 



500,000 sq km

Principal cities:
 
Madrid, Barcelona, Seville
Language:
 
Castilian Spanish 74% (official language), Catalan 17%, Galician 7%, Basque 2%
Flying time
from UK:
 

Madrid - 2.2hrs
Time difference
from UK:
 

UTC/GMT +1 hour
International
dialling code:
 

+34
Climate:
 
Temperate; clear, hot summers in interior, more moderate and cloudy along coast; cloudy, cold winters in interior, partly cloudy and cool along coast.
Population:
 
40.3m (July 2004 est.)
Median age of population:
 

total: 39.1 years
male: 37.8 years
female: 40.5 years
(2004 est.)
Employment rate:
 
88.7%
Currency:
 
euro (EUR)
Rate of inflation:
 
3% (2003 est.)
Average GDP
per person:
 

$22.000



Fly to let Spain
Useful websites:
Spanish Government


Property can be transferred by private contract (and receipts for deposits can sometimes be worded in such a way as to create such a contract) but to be
registerable must be completed before an authorised notary using a contract drawn up by the notary.

The notary will check the identities of the parties to the contract and provide the buyer with a certificate specifying the present owners and any encumbrances on the property but will not undertake any further checks or searches.

Fees and taxes are likely to add about 12 per cent to the purchase price of a property. There is a transfer tax (7 per cent) or value added tax on new property (7 per cent plus 1 per cent administration tax) to be paid as well as notary’s fees, land registry fees, and legal fees.

Those who rent out their property are required by law to pay tax on that income even if actually collected in the UK - although this has proved hard to enforce.
Because of the dangers of tenant refusing to leave after the rental period expires, some foreign landlords are wary of letting to Spaniards. And simply allowing a tenant to move in and accepting rent is sufficient to create a tenancy, even if there is no written contract.


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