- because MARBELLA is situated on the Mediterranean coastline with the mildest climate of the Costa del Sol. Thanks to the mountain range of the Sierra Blanca, the cold winter winds and the all too hot summer winds from the continent are shielded off. That makes MARBELLA the ideal holiday resort and place of residence with an average temperature of 16°C in January and 29°C in August, apart from the fact that there are more than 320 days of sun per year. There is a complete meteorological survey at the end of this info.

- because, due to its internationality, MARBELLA possesses an infrastructure of Central European standard: good roads, international schools, an extensive range of gastronomy and shopping possibilities, an international banking service, several hospitals and excellent medical care etc.

- because MARBELLA offers, thanks to its exclusivity, not only all the usual entertainment and sports, but also has numerous first-class golf courses and yachting ports (e.g. Puerto Banús). With its direct international connection via Malaga Airport, MARBELLA is easily reached from everywhere within Europe.

- because MARBELLA is an ideal starting-point for discovering Andalusia and its extraordinarily rich culture: The Alhambra in Granada, the Mezquita in Córdoba, the Giralda in Seville etc.

- because MARBELLA has a charming Andalusian village centre with a smell of orange and jasmine blossoms. That is where you find the Plaza de los Naranjos with its unique terraced cafés.

- because there are not only central and busy areas on MARBELLA’S coastline of 27 km, but also regions that are completely calm and relaxed.

- because, due to its strict building regulations, MARBELLA’S architecture maintains the original Andalusian style and is therefore for the most part free of skyscrapers and concrete blocks, quite apart from the fact that the quality of construction is good to very good in every respect.

- because as the successor to the Côte d’Azur, MARBELLA is renowned all over the world and therefore one of the places that offers security for investments to a high degree.

- and because AMREIN/FISCHER offers you every possible service: the organisation of the transfers, reservations of accommodation, cooperation with several lawyers’ offices (issues of the land register, tax-related aspects, modalities of investment etc.) and with several renowned architects and reliable constructors, and we will accompany you in and around MARBELLA – not only during office hours.

Below, we offer you an overview of the essential legal and tax-related aspects which might be helpful when you acquire real estate in Spain.

The remarks are intended to be advance information. AMREIN/FISCHER as well as their cooperating lawyers’ offices can help you with the formalities of the acquisition of your property and also assist you at any time after the purchase.

Foreigners may freely acquire real estate for private and commercial use.

The requirement for being granted permission by the appropriate building authority is – apart from the application for the construction – the planning of the building by an architect licensed by the Architects’ Chamber. At first, the architect has to present the building plans to his Architects’ Chamber in order to have them approved. This professional association examines requirements and type of construction. The project has to be presented to the appropriate building authority with the application.

In Spain, there is also an official inspection of the new building which certifies its habitability and is issued by the building authority. The prerequisite for this document is the certificate of the completion of the construction by the architect.

These two certificates are the basis of the documentation for the declaration of the new building by a Public Notary. The entry of this declaration in the appropriate registry of property results in the land register being updated.

The warranty period for houses or flats is 1, 3 or 10 years, depending on the components concerned:

• 1 year for so-called aesthetic defects such as plasterwork and paint
• 3 years for defects of installation
• 10 years for defects of load-bearing components such as foundations, load-bearing beams and walls.

The warranty starts with the inspection of the building. The liability for material defects is barred after 2 years starting with the emergence or provable notification of the defects.

Property developer, building contractor and architect are obliged by law to cover the risk of warranty by taking out insurance against damage to the property.

Intermediatepayments according to the state of the construction at the time of the bill of sale with the obligation of construction have to be safeguarded by means of a bank guaranty or an insurance policy.

When you acquire real estate in Andalucia, the incurred additional costs are:

• 1.1 VAT (IVA) until 31.12.2012: 4% instead of former 8%,
  or
  1.2 Transfer tax (ITP):
  1.2.1 7% up to 400.000 Euro
  1.2.2 8% from 400.000 Euro
  VAT (new properties) excludes the land purchase tax (used properties); for new properties the so-called stamp duty of approx. 1.0% applies. For business premises and garages as well as plots of land, the VAT is 18 %.
• Fees for Public Notary and land register. There is a scale of charges for notaries and the property register which lays down charges depending on the value in question. For a purchase price of € 300,000.-, the fees for the Public Notary and register amount to approx. € 1.000,-.
• The fees for the lawyer depend on the purchase price and the scope of professional activity and are about 1%.
• Plus Valia, which in most of the cases has to be paid by the vendor: minor local tax, which depends on the municipality, property size and period since the last sale.

All in all, you have to reckon on 9 ½ % additional cost of the selling price.

There is no land register comparable to the Central European conception. The “Registro de la Propriedad” is just a register of properties. There is no obligation to register a property. Due to the volume of investment on the Costa del Sol and in MARBELLA in particular, the situation of the register has gradually been adapted to Central European conditions. And therefore in the daily life of our real estate business, it is for us not conceivable to work on a property not entered in a land register.

The entry in the register of properties is carried out following the notary’s certification of the sale.

Provided that buyer and vendor agree, they make first a private contract in form of a bill of sale or an option contract that is obliging from the outset. Normally, a deposit of about 10% is paid at that time. When paying the remaining sum, buyer and vendor or their authorised representatives go to the Notary and sign the “Escritura” (notarial document of property ownership or title deed). Afterwards, the Notary makes out the “Copia simple de la escritura”. The proper notarial contract, the “Copia autorizada” reaches the property register after a detour via the tax office and the municipality for final registration.

To conclude a bill of sale for real estate, it is necessary to open an account with a bank in MARBELLA. Amongst other things, it is used for paying regular bills for water, electricity, property tax, telephone, insurance premiums etc.

(Values for an investment of about € 500.000,-):

• I.B.I. (Impuesto sobre Bienes Inmuebles) Urban tax: depends on the area and its land value as well as on the type of real estate: approx. € 1.000,-/year
• Garbage collection, depending on area: approx. € 200,-/year
• Income tax (a kind of imputed rent): approx. € 750.-/year
• Community charges, e.g. lighting, water, maintenance of the communal swimming pool and gardens and building insurance: approx. € 1,800.-/year

We can provide you with insurance against burglary, fire, water, thunderstorm, accident etc. with competent insurance companies.

If you don’t live in MARBELLA permanently, we advise you to deposit a key with friends or in our office, so that matters can be attended to in case any damage occurs.

One very important element of our commitment to you is our after-sales-service:

We do not abandon you after your purchase. Our property management department will take care of all possible concerns of the new landlord:

• Taxi Service at favourable conditions
• Gardener-, pool- and maid service
• Repair services
• Spanish authorities matters
• regular house checks etc.

The transfer formalities need an intensive phase of about 1 month. If you wish, we can take care of the work to be done from the Notary’s transfer onwards. If required we will take over all necessary related works from the day of signing at the Notary.

After that, you can entrust us with the administration if you wish. Our modest charges ensure satisfied customers and are not profit seeking.

The property tax and the garbage collection have to be paid for every 6 or 12 months, which can easily be attended to by a standing order at the bank.

All foreigners and also Spanish, resident or non-resident, natural or legal entities, need a foreigner’s or tax number, as the case may be (N.I.E./N.I.F.) in order to carry out any kind of real estate or financial business in Spain.

If you wish, we can help you to apply for this document.

If you have any questions, problems or communication difficulties, we shall be pleased to help you at any time. We speak English, German, Swiss German, French, Italian and naturally Spanish.