If you want to buy a property in Spain and you do not have a residence permit, there is a key document that you will need to be able to complete the process: the NIE as a non-resident. #NIE #Foreigners #Housing
In this post we show you exactly how to apply for the NIE to buy a property in Spain step by step, why you will need this document, and exactly how long this process takes.
Table of contents:
What does a foreigner need to buy a property in Spain?
There is only one requirement that any foreigner who wants to buy a property in Spain must fulfil: to have a NIE number.
This NIE number is the number that identifies you as a foreigner in the country before the different legal institutions and the administration.
When we buy a house, there are a series of operations that require registration and assignment to an individual.
We are talking, for example, about the signing of the purchase contract; or the fiscal and tax settlements that arise with the transaction.
In these cases it is essential that the Tax Agency can assign these tax payments (such as VAT, Transfer Tax, etc.) to a particular individual, and this is when the NIE will be necessary.
ALL foreigners need to have their NIE in Spain in order to carry out any kind of procedure in the country.
However, if you only want to buy a property, this NIE will be of a special type, which we analyse below.
Buying a house with a NIE as a non-resident
It is very common for foreigners to decide to buy a property in Spain, but they do not intend to stay and live there, nor in Spain.
In other words, they simply want to buy the house for investment purposes and to generate income (from renting it out or selling it later), so they will not become a legal resident in Spain at any time (as they do not stay in the country for more than 183 days a year).
In these cases, the buyer of the property must apply for a special type of NIE that will be used for this procedure: the so-called NIE as a non-resident.
Remember that thanks to the purchase of a property in Spain, and as long as the value of the property is more than €500,000, the foreigner can obtain a residence permit known as a golden visa, which allows them to reside and work in the country, as well as bring their family with them.
How to obtain the NIE to buy a property in Spain
The process for obtaining this NIE as a non-resident to buy a home is very simple; and can be completed either from Spain or from your home country.
The first thing you will need to do in either case is to demonstrate that you have sufficient reason to apply for this identification number.
The intention to buy a property is sufficient justification. However, you will have to prove that you are actually in the process of buying the property.
To do so, you can use
The earnest money contract, signed with the seller
A notarial deed in which you declare your express willingness to buy.
Once you have either of these two proofs you can move on to the next stage.
a) Application from Spain
The first thing to bear in mind if you apply directly from Spain is that you cannot be in an irregular situation.
That is, you must be within the 90-day period as a tourist.
As we have mentioned, with either of these two proofs you can go to any police station in Spain (after making an appointment), with the following documentation:
Full passport and copy
Application form EX-15
Deposit contract or notarial deed
Payment of the corresponding fee
At the same time you will be given a document containing your NIE as a non-resident which, be careful, is not a residence card and does not allow you to reside in Spain.
It's that easy!
b) Application from your country of origin
If you apply for the NIE as a non-resident from your country of origin you will have to incur an extra step, initiated at the Spanish consulate located in your current country of residence.
We are talking about giving legal capacity to a third party through a power of attorney to complete the process for you.
This power of attorney can be assigned, for example, to your immigration lawyer or any other legal representative.
Once you have the power of attorney, this legal representative would follow the same steps from Spain.
When should I apply for it?
As we have seen, getting this NIE to buy a house is something totally quick, and you will have it on the same day of your appointment.
However, bear in mind that you will not be able to finalise the sale and purchase without this number, so calculating the deadlines will be essential.
So, from our office we give you an important recommendation: apply for your NIE as a non-resident at the very moment you decide you are going to buy a property in Spanish territory.
Waiting until you have found the house or flat you finally want to buy may be too risky and make it difficult to complete the process.
On the other hand, bear in mind that the validity of this NIE is 3 months, so once you get it you will have to speed up the process to avoid it taking longer than this.
In short, obtaining the NIE is an important step to buy a house in Spain. As lawyers specialising in real estate and immigration law, we are here to help you every step of the way. Do not hesitate to contact us for more information and to start planning your new life in Spain, we are waiting for you!