Congratulations! You have found your dream home on the Spanish coast. Or are you still looking and already reading up so that nothing catches you out? The sun is shining, the sea is calling and you can already picture yourself enjoying your terrace with a glass of sangria or a copa de cava in hand. And then the bureaucracy begins. Don't worry, we have set it all out for you. The sun is shining, the tapas are waiting, but… now the real work starts: paperwork, title deeds, permits. And you keep hearing different names: a lawyer, a gestor, a notary. Who does what? And what does it actually cost?
Don't worry, we will explain it all!
The gestor: your administrative all-rounder
A gestor is the linchpin of the Spanish bureaucratic system. This administrative professional knows exactly how to find a way through the tangle of rules and forms. So what does a gestor actually do?
- Applying for your NIE number: your Spanish identity number for foreigners. Without it you cannot arrange anything. (Think of it as your Dutch burgerservicenummer)
- Tax returns: both personal and business.
- Social security: from your health insurance to your pension.
- Permits: for building work, for example, or if you want to put in a terrace.
Even if you buy a car a gestor can be handy. A gestor can arrange the insurance for you, and help you fill in the paperwork as well.
Cost: a gestor usually costs between €50 and €200 a month, depending on the tasks they take care of for you.
The lawyer: your legal backbone
Where the gestor focuses on the admin, the lawyer makes sure everything is legally sound. Think of things like:
- Checking title deeds: is the seller really the owner? Are there outstanding debts on the property?
- Drawing up contracts: for the purchase of a house, a business agreement or a rental contract, for example.
- Protecting your rights: in legal disputes, for instance, or if unexpected complications come up.
A lawyer is legally liable for his or her advice and work. That makes them indispensable for big decisions, such as buying a home. In the Netherlands this is often done by the estate agent. In Spain the estate agent mainly brings supply and demand together. They check the value and handle the negotiations. The legal side passes to the lawyer.
Cost: lawyers' rates vary a great deal, but on average you pay €150 to €250 an hour. For clearly defined work, such as guiding you through a house purchase, the cost is usually between €1,000 and €3,000.
The notary: a formal but limited role
In Spain the notary's role is far more limited than in the Netherlands. Where a Dutch notary actively carries out checks and can give legal advice, the Spanish notario is mainly there to formalise transactions. So what does a notary in Spain do?
- Transfer of ownership: the notary records that the sale is official and carried out in accordance with the law.
- Formalising documents: a mortgage deed or a will, for example.
The notary does not carry out any in-depth investigation into title deeds or possible debts on the property. In the Netherlands they do. This is why you always bring in a lawyer for a property transaction: they do carry out all the necessary checks. And take note! You cannot arrange this from the Netherlands. So you really do have to sort out your powers of attorney at the notary in Spain, or go over there in person to sign.
Cost: notary fees are set by law and usually come to between €600 and €1,200 for a property transaction, depending on the purchase price.
Can they work together? Absolutely!
Good cooperation between your lawyer, gestor and notary makes all the difference. They complement each other perfectly:
- The gestor takes care of your admin.
- The lawyer protects your legal interests.
- The notary makes sure it is all officially recorded.
Some firms offer a combination of these services, so that everything runs smoothly.
Why are they indispensable?
Spanish bureaucracy is not the easiest. The rules differ from region to region and the language can be a barrier. A gestor, a lawyer and a notary make sure you do not overlook anything. With them alongside you, you avoid surprises – and fines. In the Netherlands the notary takes care of paying all the taxes. In Spain that is not the case. Honestly, when it was all read out and calculated for us, our heads started to spin a little. It is a huge relief when your gestor makes sure everything is paid at the right moment, to the right authority.
What is different from the Netherlands?
- Gestor: this role does not really exist in the Netherlands. In Spain the gestor is the specialist in bureaucratic matters.
- Lawyer: in Spain the lawyer is often more deeply involved in property matters than in the Netherlands, mainly because they carry out the checks the notary does not.
- Notary: in the Netherlands the notary carries out extensive checks and gives legal advice. In Spain the notary has a mainly formal role and is limited to recording documents.
In conclusion: the dream team for your Spanish adventure
A gestor for the admin, a lawyer for legal advice and a notary to make it all official: this is your dream team in Spain. Let them do the work, so you can focus on more important things – like a good glass of sangria on your new terrace.
Do you need help finding a good lawyer or gestor? Feel free to get in contact with us. We are happy to help!
