Do I need a NIE in Spain?

Juan Ramón Correas [Lawyer]

The NIE is a Foreign Identification Number (“Numero de Identificacion de Extranjero”) and yes, indeed, you will need it if you are doing in Spain any transaction with economic relevance, such as:

• Buying or selling property.
• Dealing with an inheritance in Spain (receiving property, bank accounts, etc, after the passing of a relative or friend that appointed you as his/her heir) and declaring the Inheritance Tax.
• Opening a bank account in your name in Spain.

Nowadays, due a combination of factors (impact of Brexit, low speed on the Spanish Public Administration, etc.), the easiest way to apply for and obtain your NIE would be to get in touch with your nearest Spanish Consulate in the UK (there are three: London, Manchester and Edinburgh) and get an appointment with them to make the application. You may find the contact details of your nearest Consulate online (just with a google search) and once you have your appointment, you would just need to visit them personally once, to make your application. A few weeks later, you will receive your NIE document by email.

The Consulate may require proof of the reason why you need to get your NIE number. Your lawyer, estate agent or even your Spanish bank would be able to provide you with a letter confirming your involvement in a purchase/sale/inheritance in Spain and, consequently, your need to get your NIE.

We hope that the previous information is helpful, but please do not hesitate to contact us with any question or comments.

Please note that the information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.

Can I pull out from a signed purchase/sale contract of a property?

Juan Ramón Correas [Lawyer]

When you are buying or selling a property in Spain, normally the initial step of the transaction would be signing a private contract with the other part, where you would be paying (if you buy) or receiving (if you sell) a deposit. If circumstances change –or simply, you just change your mind- and you prefer not to continue with the transaction, is it possible to pull out from it? Or could you be forced to complete the purchase/sale of the property?

The wording of the contract will be of paramount importance. Depending what the contract says, you may have the chance of cancelling the contract or not.

The scenario we are contemplating is a cancellation of the contract just because you prefer not to continue. It is to say, the cancellation would not be based on a breach of contract by the other part; it would just be based on your unilateral decision: you just changed your mind (you prefer not to buy it/sell it; you prefer to buy it/sell it to somebody else; etc.).

If this is the case, there are two possibilities:

1. The contract is worded in a way that authorises you to pull out of it at any stage, without the need of cause or explanation. In this case, you would have to be prepared to lose the deposit paid or reimburse the deposit received multiplied per two (for instance, if you received 5.000.-€ deposit, you would need to refund those 5.000.-€ plus an additional sum of 5.000.-€ more), depending if you were buying or selling.
2. The contract is worded in a way where, if you prefer not to continue with the transaction, the other part could force you to complete it (and also, demand compensation for the damages suffered for initially not fulfilling the contract as agreed).

As you could see, it is very important to receive proper legal advice if you are buying/selling property in Spain. That way you could be informed of all the possible scenarios and focus the contract in the best possible way to protect your interest.

We hope that the previous information is helpful, but please do not hesitate to contact us with any question or comments.

Please note that the information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.

Can I buy/sell/inherit my Spanish property without going to Spain in person?

Juan Ramón Correas [Lawyer]

The current circumstances created by COVID-19 have made very difficult for UK citizens to come to Spain. And this might also be the case in the future (let’s hope the situation improves soon enough).

In this scenario, you may wonder if there is any chance of completing a transaction in Spain without having to come in person. The answer is yes, indeed, there is an alternative: granting a power of attorney.

By signing a power of attorney you would be granting some faculties to a person in Spain (usually a lawyer, as they are specialist in the transactions we are talking about, but it could also be a relative, a friend, etc.), and that person would be able to complete your transaction in your behalf.

It could be very helpful to complete the purchase of your new Spanish property, the sale of the Spanish property you already own, or even winding up the estate of a relative who passed away and left you his/her Spanish assets, without having to be in Spain personally.

The process is not complicated and in JR Correas – Abogados we will take care of guiding you through it: we will prepare the form (in Spanish and English, so you know exactly what you are signing and there is no need for expensive official translations), send it to you and you will just need to get an appointment with a local Notary in the UK to sign it before him/her.

Of course, granting a power of attorney should only be done in favour of a person that is trustworthy. Note that the person appointed would be able to act on your behalf, so it is very important that the person appointed follow your specific instructions and nothing else: that is why you need to make sure that you grant it in favour of a reliable person, with the necessary professional skills to complete the task.

We hope that the previous information is helpful, but please do not hesitate to contact us with any question or comments.

Please note that the information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.