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British Newbies

British Newbies

Old Nov 17th 2021, 9:43 am
  #1  
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Default British Newbies

Hi all, thanks for adding us.

We are approaching retirement and looking at retiring to Spain in the next 18 months to 2 years. We have sufficient savings and income but would really appreciate some help in regard to buying property (so we dont buy an illegal one, or not own the land its on etc) and potentially who we can use from a legal point of view - anything that will assist us in making the right choices.

We are looking at Andalucia (Vinuela and surrounding villages) as somewhere to settle. We are keen walkers, love the country side and dont want to be in a touristy area but want a bit of real Spain and somewhere quite. We are also avid stargazers (we have an observatory in the UK) so would be looking for dark skies, but close enough to a village/small town so we are not to far away from civilisation.

Also, any recommendations for estate agents/legal please?

Any help would be apprectated.

TIA,

Richie and Lisa

Last edited by Richielisa; Nov 17th 2021 at 10:55 am.
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Old Nov 17th 2021, 12:52 pm
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Default Re: British Newbies

Hi, will you be applying for a visa or have you already acquired EU residency pre brexit?

All the best for your future.
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Old Nov 17th 2021, 2:13 pm
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Default Re: British Newbies

Originally Posted by Richielisa View Post
Hi all, thanks for adding us.

We are approaching retirement and looking at retiring to Spain in the next 18 months to 2 years. We have sufficient savings and income but would really appreciate some help in regard to buying property (so we dont buy an illegal one, or not own the land its on etc) and potentially who we can use from a legal point of view - anything that will assist us in making the right choices.

We are looking at Andalucia (Vinuela and surrounding villages) as somewhere to settle. We are keen walkers, love the country side and dont want to be in a touristy area but want a bit of real Spain and somewhere quite. We are also avid stargazers (we have an observatory in the UK) so would be looking for dark skies, but close enough to a village/small town so we are not to far away from civilisation.

Also, any recommendations for estate agents/legal please?

Any help would be apprectated.

TIA,

Richie and Lisa
The Axarquia is a good choice.

Fortunately, things have moved on a lot since the dark days of the dreaded illegal property situation. This was mostly caused by the incompetence of previous Junta de Andalucia (autonomous regional government) who have now been replaced by a far better administration who have made massive, positive changes.

Rural properties in Andalucia now need to go through a process called DAFO prior to purchase. This is a form of regularisation which means you are legally protected from any future infractions from the town hall. It can cost up to €10,000 to complete the process but the cost is usually met by the vendor. Your lawyer will conduct a pre DAFO prior to signing the compra venta to make sure the town hall will issue a DAFO on the property. So in a nutshell, don't worry about the legality of rural properties per se but do engage a competent lawyer who understands the DAFO process.

The Junta are currently in the process of finalising new planning laws which will override the dreaded LOUA from 2003 meaning it will be quicker and easier to obtain building and planning permission in the future.

The biggest problem for you now if you are British is actually being able to obtain the right visa to live in Spain. Have you checked the criteria?

Do either of you have an EU passport?
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Old Nov 17th 2021, 7:07 pm
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Default Re: British Newbies

Hi,

we will be applying for a non-lucrative visa in the near future hopefully. Just trying to sort out how to approach the whole process.
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Old Nov 17th 2021, 7:11 pm
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Default Re: British Newbies

Originally Posted by Lou71 View Post
The Axarquia is a good choice.

Fortunately, things have moved on a lot since the dark days of the dreaded illegal property situation. This was mostly caused by the incompetence of previous Junta de Andalucia (autonomous regional government) who have now been replaced by a far better administration who have made massive, positive changes.

Rural properties in Andalucia now need to go through a process called DAFO prior to purchase. This is a form of regularisation which means you are legally protected from any future infractions from the town hall. It can cost up to €10,000 to complete the process but the cost is usually met by the vendor. Your lawyer will conduct a pre DAFO prior to signing the compra venta to make sure the town hall will issue a DAFO on the property. So in a nutshell, don't worry about the legality of rural properties per se but do engage a competent lawyer who understands the DAFO process.

The Junta are currently in the process of finalising new planning laws which will override the dreaded LOUA from 2003 meaning it will be quicker and easier to obtain building and planning permission in the future.

The biggest problem for you now if you are British is actually being able to obtain the right visa to live in Spain. Have you checked the criteria?

Do either of you have an EU passport?
Hi,
thanks for the info. We do have the income and capital thats required and no convictions etc. My wife has an EU passport at present but mine is the new UK black/blue passport. We are at the very early stages of our "adventure" and are just wanting to make sure we do it correctly. I understand we are better selling up in the UK before buying in Spain because if we dont then we could be liable for Capital Gains tax via Spain. We may be wrong but thats how we have read it.

cheers

Richie and Lisa
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Old Nov 17th 2021, 7:36 pm
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Default Re: British Newbies

Originally Posted by Richielisa View Post
Hi,
thanks for the info. We do have the income and capital thats required and no convictions etc. My wife has an EU passport at present but mine is the new UK black/blue passport. We are at the very early stages of our "adventure" and are just wanting to make sure we do it correctly. I understand we are better selling up in the UK before buying in Spain because if we dont then we could be liable for Capital Gains tax via Spain. We may be wrong but thats how we have read it.

cheers

Richie and Lisa
If your wife has an EU country passport then you don't need the NLV or the money required, just come here and she registers and you get in as a family member of an EU citizen
Still need the Healthcare, but financially its a quarter of the amount needed for a visa (which you don't need)
But your wife has to show she can support you.

As to selling stuff. YES do so in the tax year before you come over (I took the 25% out of my pension in Dec 2019) and we moved in 2020.
Tax year here Jan - Dec......

I found this after a quick search.
https://balcellsgroup.com/family-mem...RoCcrIQAvD_BwE

Question time now.

What driving licences do you hold??
If UK then (unless the exchange program starts again) you will need to take Spanish driving tests.

Hope this helps.
If Ive got anything wrong, someone will be along in a minute to correct me..




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Old Nov 17th 2021, 7:53 pm
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Default Re: British Newbies

Thanks.

Yes, we both have UK driving licences so we expect we have to have Spanish Driving lessons. Also, when I say my wife has an EU passport, its the red European Union passport that us Brits had until Brexit. Im presuming you are talking about an EU passport from a current EU country? If so, we will have to have the income and capital that we do have.
Cheers
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Old Nov 17th 2021, 9:51 pm
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Default Re: British Newbies

Originally Posted by Richielisa View Post
Thanks.

Yes, we both have UK driving licences so we expect we have to have Spanish Driving lessons. Also, when I say my wife has an EU passport, its the red European Union passport that us Brits had until Brexit. Im presuming you are talking about an EU passport from a current EU country? If so, we will have to have the income and capital that we do have.
Cheers
Sadly, a burgundy British passport is no longer an EU passport. I meant an EU passport, like an Irish passport for example. Your lives will be a million times easier if one of you is an EU national.

I trust you know that you can no longer move to an EU state and then take residency like the British did before the dreaded Brexit? You now need to undertake a protracted process through a third party entity while you are still in the UK.

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Old Nov 18th 2021, 6:28 am
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Yes. We realise is a long slow process but as long as it is doable we want to give 100%. Its just knowing where to start the ba rolling and who to use. If anyone knows of a trusted source that would be a great start. We do have time on our side which is a good thing.
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Old Nov 18th 2021, 8:04 am
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Lot of useful stuff here

https://www.gov.uk/guidance/living-in-spain
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Old Nov 18th 2021, 10:20 am
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Default Re: British Newbies

Originally Posted by Richielisa View Post
Yes. We realise is a long slow process but as long as it is doable we want to give 100%. Its just knowing where to start the ba rolling and who to use. If anyone knows of a trusted source that would be a great start. We do have time on our side which is a good thing.
You probably need to make sure you can get the right visa before buying a property. There are several good lawyers and tax advisers in Torre del Mar but we are not allowed to name them on here.

There are specialist lawyers springing up who can help with immigration matters.
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Old Nov 18th 2021, 11:22 am
  #12  
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You are allowed to make personal recommendations - that is not classed as advertising.
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Old Nov 18th 2021, 11:41 am
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Default Re: British Newbies

Originally Posted by Richielisa View Post
Yes. We realise is a long slow process but as long as it is doable we want to give 100%. Its just knowing where to start the ba rolling and who to use. If anyone knows of a trusted source that would be a great start. We do have time on our side which is a good thing.

Best thing to do is to come to Spain for 3 months ( 90 day) and take time looking around. You will easily be able to arrange a 3 month rental and then use that as a base. 3 months will give you an idea of what to expect and grounds you more than just watching things like Place in the Sun ( not saying you do). You really don't want pay for the Visa process, then the process of residency, then buy a property only to find you are homesick after 6 months. It is very very hard to recoup money on property sales and the Visa process is long and expensive
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Old Nov 18th 2021, 4:31 pm
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Originally Posted by spainrico View Post
Thanks!
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Old Nov 18th 2021, 4:32 pm
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Cheers!
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