Table of Contents (7)
- Deed of Sale in Barcelona
- Notary for purchase and sale
- Sale Agreement Before Notary
- Documents required for the deed of sale in Barcelona
- Rectify the housing deed
- How much does it cost to make a sales contract before a notary?
- The deed of sale with JLA Notarios
Deed of Sale in Barcelona
Buying a home can be the first step to starting a new life project. Generally, this is done when becoming independent during youth or before retirement to acquire a second home. Whatever the case, it is essential to carry out the act of deed of sale, which we detail below from our Notary Office in Barcelona.
Notary for purchase and sale
This deed is one of the most common within the field of notary services. It is a process by which one person transfers a property to another in exchange for a previously agreed amount of money. In this way, the ownership and obligations related to the possession of said property are transferred. Thus, we define the deed of sale as the notarial document in which the agreement between the buying party and the selling party is recorded, along with the conditions and agreements surrounding this transaction.
Sale Agreement Before Notary
When is the deed of sale executed within the process of buying a property? We detail it step by step.
Firstly, after having found a property that meets the buyer's needs and tastes, they must make an offer to the seller and reach an agreement. At that moment, prior to the notary, the documentation related to the property must be verified: debts, liens, arrears, etc. Thus, the Land Registry issues a simple note of the property in which it is important that there are no encumbrances (lien, tax burden, etc.), to know the legal status for the sale.
The second step will be to sign the deposit contract, which sets out the agreement in writing. It can be signed before a notary, but it is more common for the seller and the buyer to sign it privately, sometimes with advice from the estate agency that achieved the sale. It is usual to make a deposit of between 5% and 15% of the total purchase price. If the purchase does not go ahead, this deposit is subject to forfeiture in the case of the buyer or to the return of double the deposit in the case of the seller.
In the event that the buyer requests a mortgage, it is also advisable to include a clause in the deposit contract to avoid the loss of the deposit if the application is denied. Furthermore, the deposit contract should set the maximum date for signing the deed of sale at the notary. This deposit contract can be signed before a Notary and, after its signing, the collection of documentation for the sale and the drafting of the deed would begin.
Next, the mortgage application will be made if necessary. Banks generally grant up to 80% of the appraisal value. Advice is given at the notary to ratify the mortgage pre-contract and, subsequently, the signing of the deed of sale and the mortgage deed before a Notary takes place.
Once there is a deposit and the buyer has obtained financing for the purchase with their mortgage, if necessary, it will be time to go to the notary to prepare the deed of sale.
Documents required for the deed of sale in Barcelona
In this section we are going to show the documents that are needed at the time of executing the deed of sale at the notary. Don’t worry, because almost all of them can be obtained through the notary itself and, if not, the notary can help you obtain them. At JLA Notarios we can process sales that can be physically signed at our notary office in Barcelona, regardless of the location of the property being sold.
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Identity document. The national identity document is essential to identify everyone who is going to sign the sales contract. Without this, it is not possible to verify who each person is and their suitability in relation to the other documents presented.
In the case of foreigners, a residence card must be provided if residing in Spain, or a passport and NIE if not residing in Spain.
If any of the parties is a company, the deed of incorporation must be presented and, where applicable, the one where the administrators were appointed. -
Certificate of property tax. The certificate of payment of IBI issued by the competent Town Hall or, failing that, the receipt of the last IBI payment. This way, we can guarantee that we are up to date with tax obligations regarding the property.
The IBI payment certificate can be requested and provided by the client or, according to some town halls, such as Barcelona’s, it can be requested by the Notary if the client so wishes. -
Simple note or deed of ownership. Thanks to this note, it is possible to guarantee the legal status and encumbrances of a property. Also, from the notaries we can request from the Property Registry the continuous simple note, which is a special type of note that can only be requested from the notary and is more reliable than normal notes.
The simple note reflects a lot of information about the property, including: dimensions, actual owners and any charges or encumbrances it may have. It is an indispensable document in this sales process because it provides data on the legal status of the property that will allow us to decide whether to proceed with the transaction. It can be obtained through the corresponding Property Registry.
Another option is to provide the deed, which shows the ownership, the property number and the Registry where it is registered. -
Certificate of being up to date with community fees. If the property is located in a residents’ community, it is advisable to provide an additional certificate signed by a representative of the community. This certificate guarantees that we are up to date with the fees and therefore have no debts that would fall on the buyer.
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Energy efficiency certificate. This certificate shows the consumption of the property and must be issued by an architect. This certificate is provided by the seller; however, it can be obtained through the notary via the College of Notaries website.
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Certificate of habitability. In the case of selling a property, the seller must provide the certificate of habitability that proves the property meets all the legal requirements to be inhabited. Like the energy efficiency certificate, it can be obtained through the notary via the College’s website.
The certificate is mandatory and a property cannot be registered without it, but it can be replaced, if the certificate has not yet been obtained, by the application, issued and signed by a competent architect, and duly submitted to the administration.
It will not be mandatory when the used or pre-existing property is subject to rehabilitation or demolition. -
In special cases, documents of non-subjection or waiver of public rights of pre-emption and repurchase by public administrations.
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Means of payment. The means of payment must be proven, that is, the way in which the purchase has been paid (cheque, transfer, etc).
More questions related to sales in Barcelona
Highlighting the purchase price of the property and the taxation of the sale, always taking into account the fiscal reference value, there are a series of costs that we must consider. Detailing them, we see that we can divide them according to the buyer or seller for easy reading.
On the one hand, the buyer must pay the Property Transfer Tax (ITP) for the purchase. In this case, we distinguish between VAT if it is the first transfer of the property or the TPO (Onerous Property Transfers) if it is a second-hand property. In addition, the expenses corresponding to the registration of the property in the Land Registry and the Documented Legal Acts tax must be paid, the cost of which will depend on each Autonomous Community.
On the other hand, the seller must face the municipal capital gains tax, that is, the Tax on the Increase in Value of Urban Land (IIVTNU), the IRPF and the IRPNR in the case that they reside outside national territory.
Rectify the housing deed
If you wonder how to rectify the deed of your property, you should know that you can also manage this procedure through the authorising Notary or through their substitute or successor or another different Notary if necessary. The Notarial Regulation allows errors to be corrected by generating a new deed, a record, or a proceeding.
How much does it cost to make a sales contract before a notary?
The price of a Notary for a purchase and sale is one of the most common questions. As we can imagine, the amounts will always depend on the sale price of the property.
Likewise, the price for the purchase and sale deed is stipulated by law according to the Notarial Fee Schedule and the Registry Fee Schedule. All Notaries must charge the same for the same actions, because the law establishes it that way.
What happens is that the price of the purchase and sale deed according to the notarial fee schedule depends on various criteria to be added: the purchase price or the minimum fiscal value if it is higher, whether a single property or several are sold as in the case of a house and parking space, the number of pages of the document, the copies generated of the deed, the testimonies and diligences that need to be carried out and some actions that need to be performed depending on the cases. It should be taken into account that there are many procedures that clients do not see and that several copies of the deed must be sent to various public institutions. Also, if there are other transactions in the deed, besides the purchase and sale, these will generate fees.
The price of notarial acts is regulated by the Government and complies with the regulatory framework of the NOTARIAL FEE SCHEDULE (RD 1426/1989, of 17 November, which regulates the Notaries' Fee Schedule).
Therefore, the exact price of a notarial document must be the same in all notaries but cannot be calculated with full certainty until its specific content is known, that is, until it is signed, as there are many circumstances that can cause it to vary.
If you wish to receive a detailed quote without obligation and can come to our notary office in Barcelona for the signing of your purchase and sale, we invite you to contact us directly through the channel that is most convenient for you. You can do so through the contact form on the main page of this website, via the contact section found in the footer of the website, using the direct WhatsApp access at the bottom right of this page, by sending an email to bcn@jlanotarios.com or by calling us at 93 159 17 62.
As a guideline, we can tell you that, according to the current regulatory framework, the usual price for formalising a PURCHASE AND SALE DEED OF A HOUSE for an amount of €100,000 ranges between 700 and 1000 euros, including VAT.
This indicative price is calculated for a document with usual content and the usual procedures, but as we have explained, it is best to request, explaining your individual case, a purchase and sale expense estimate at the notary.
The deed of sale with JLA Notarios
In short, the deed of sale is an essential procedure to carry out a transfer of ownership in accordance with the law. Thanks to the training and experience of the entire team, at JLA Notarios we provide the most appropriate legal solutions in the different areas affecting the individual and their assets, advising you free of charge on your enquiries. With a close and cordial approach from the first contact, at JLA Notarios, we are experts in deeds of sale in Barcelona and work dynamically and empathetically, seeking maximum efficiency and the best profitability for each client, addressing the concerns of each person or company in a personalised manner for their complete satisfaction.
To this end, at JLA Notarios we apply new technologies in all procedures, minimising visits to the notary and optimising processing times. For this reason, we have also transformed into an online notary and offer electronic notarial services.
You can sign a deed of sale with us at JLA Notarios if you can attend our Notary Office in Diagonal, Barcelona in person, regardless of where the property you are selling or buying is located.
If you need more information, do not hesitate to contact our team of Notaries in Barcelona, we will be happy to answer all your questions.
By your side in the moments that matter
Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Inheritance and wills
The moment of granting a will, making a declaration of heirs or formalising an inheritance are very important moments in people's lives.
At JLA Notarios we offer services related to succession law, both to arrange your succession and to distribute an inheritance, guaranteeing the best advice tailored to your particular needs and the study of the tax implications of each case. At no time do we neglect the human factor, even offering home notary services if necessary.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Loan agreements and credit facilities
Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
Companies
Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
At JLA Notaries we are familiar with companies’ life cycle, which enables us to provide legal assistance for companies in their different stages, whether incorporation, modifications of their articles of association, changes of director, share sales and purchases, capital increases and reductions, dissolution and closure, and everything related to commercial matters.
Powers of attorney
There are moments in life when a person needs to delegate. The law provides a tool for this: powers of attorney. Though a power of attorney, one person allows another person to act on their behalf.
At JLA Notarios we make sure that you understand the significance and risks of delegating or revoking powers of attorney, from a special power of attorney or power of attorney for lawsuits, to general powers of attorney or preventive powers of attorney for cases of incapacity.
We provide an agile service to sign powers of attorney. You can take your copy away immediately, saving you unnecessary trips, and from 9 November 2023 our clients will be able to sign all powers of attorney that are not general or preventive by videoconference through our digital notary office.
Family affairs
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
Minutes
How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
Oath of Nationality
Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and fast service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
Hague Apostille
One of the main effects of globalisation is the increase in international acts and transactions, and the exchange not only of information but also of documentation between different States and between individuals. Therefore, procedures that facilitate and speed up this exchange are necessary, as is the case with the Hague Apostille in Barcelona.
Tax and registry procedures
Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Inheritance and wills
The moment of granting a will, making a declaration of heirs or formalising an inheritance are very important moments in people's lives.
At JLA Notarios we offer services related to succession law, both to arrange your succession and to distribute an inheritance, guaranteeing the best advice tailored to your particular needs and the study of the tax implications of each case. At no time do we neglect the human factor, even offering home notary services if necessary.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Loan agreements and credit facilities
Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
Companies
Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
At JLA Notaries we are familiar with companies’ life cycle, which enables us to provide legal assistance for companies in their different stages, whether incorporation, modifications of their articles of association, changes of director, share sales and purchases, capital increases and reductions, dissolution and closure, and everything related to commercial matters.
Powers of attorney
There are moments in life when a person needs to delegate. The law provides a tool for this: powers of attorney. Though a power of attorney, one person allows another person to act on their behalf.
At JLA Notarios we make sure that you understand the significance and risks of delegating or revoking powers of attorney, from a special power of attorney or power of attorney for lawsuits, to general powers of attorney or preventive powers of attorney for cases of incapacity.
We provide an agile service to sign powers of attorney. You can take your copy away immediately, saving you unnecessary trips, and from 9 November 2023 our clients will be able to sign all powers of attorney that are not general or preventive by videoconference through our digital notary office.
Family affairs
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
Minutes
How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
Oath of Nationality
Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and fast service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
Hague Apostille
One of the main effects of globalisation is the increase in international acts and transactions, and the exchange not only of information but also of documentation between different States and between individuals. Therefore, procedures that facilitate and speed up this exchange are necessary, as is the case with the Hague Apostille in Barcelona.
Tax and registry procedures
Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
