If you want to buy a property in the Spanish territory 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 temporary or non-resident NIE.
In this article you will discover how to apply for the NIE to buy a property in Spain step by step, why you will actually need this number, and exactly how long this process takes.
There is only one requirement that any foreigner who wants to buy a property in Spain must fulfill: to have an 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 you buy a house, there are a series of operations that require being registered as an individual.
We are talking about, for example, signing the purchase agreement; or the tax procedures that arise with the transaction.
In these cases, it is essential that the Tax Agency can assign those different tax payments (such as VAT, Transfer Tax, etc.) to a particular individual, and that is when the NIE will be necessary.
ALL foreigners must have their NIE in Spain to carry out any type of legal procedure in the country.
However, if what you want is only to buy a property, this NIE will be of a special typology, and that is what we analyze next.
Purchasing a property with a temporary NIE
It is very common that the foreigner decides to buy a property in the Spanish territory but does not intend to stay to live in it, nor in Spain.
That is to say, she simply wants to buy the house for investment purposes and to generate recurring income (as a result of its rental or subsequent sale), so at no time will she become a legal resident in Spain (since she does not stay in the country for more than 183 days a year).
In these cases, the buyer of the property will have to request a special type of NIE that will serve her for this procedure: the one known as NIE as non-resident or temporary NIE.
Remember that thanks to the purchase of a property in Spain, and as long as the value of such property is over 500,000€, the foreigner will be able to obtain a residence permit known as golden visa, which allows him to reside and work in the country, as well as to bring his family with him.
How to obtain a NIE to buy a property
The process to obtain this NIE as a non-resident to buy a house is very simple; and it can be completed either from Spain or from your country of origin.
The first thing you must 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 pre-sales agreement, signed with the seller
- A deed from the notary in which you declare your express willingness to buy
Once you have either of these two proofs you can move on to the next phase.
Apply directly from Spain
The first thing to keep 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), and submit the following documentation:
- Full passport and copy
- Application form EX-15
- Deposit contract or notary deed
- Payment of the corresponding fee
At that very moment, 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 legally stay in the country for the long-run.
Apply 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 providing 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 with the power of attorney, this legal representative would follow the same steps from Spain.
When should I request it?
As we have seen, getting this NIE to buy a house is a fast process, and you will obtain it the same day of your appointment.
However, keep in mind that you will not be able to finalize the sale without this number, so calculating the deadlines will be essential.
Hence, from our office we must give you an important recommendation: apply for your temporary NIE at the same moment you decide you are going to buy a property in the Spanish territory.
Waiting until you have found the house or apartment you finally want to purchase can be too risky and make it difficult to complete the process.
On the other hand, keep 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 more than this period.
Do you have any doubts or would you like our team of expert lawyers to help you get this number? Contact us below.
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