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From converted Tuscan barns to sun-drenched apartments in Florida, hundreds of thousands of Britons are moving to pastures new for business and pleasure. Before you start thinking about joining the expats, you should be aware of the many legal and financial issues involved when buying property abroad - as well as potential problems.
If you need a mortgage to fund your purchase, you need to decide whether to take out a loan in the local currency - if you do, it will be subject to fluctuations in the currency market. There are two main ways to protect yourself against this: by using a spot transaction or a forward transaction. In a spot transaction, the funds are passed immediately to the agent or vendor abroad, using the exchange rate at the time of the transaction. In a forward transaction, the exchange rate is fixed at an agreed level for a completion date up to 12 months in the future. Banks charge for both these transactions.
Once you have identified the location you wish to buy in, it is vital that you do your homework and do not view it through 'holiday goggles'. The place may look lovely in summer, but what is it like to live there in winter? Will that budget airline still be serving your nearest airport in a year’s time?
If you are thinking of buying property further afield than France and Spain, it will pay to keep abreast of political and economic developments. For example, property investment specialists recently warned that Bulgaria and Turkey, both popular with UK and Irish property investors, could be hit hard by the 'No' votes in the French and Dutch referendums on the European Constitution.
Bulgaria is rife with corruption and widespread production thefts, while Turkey still has significant human rights issues. These countries, along with northern Cyprus, are viewed as risky for investors. The bottom line is to know your market inside out.
It is advisable to pay for the services of a property agent who is familiar with the complexities of the process and who speaks the language. Every country has different rules governing the purchase of property. For example, in Spain, outstanding debts stay with a property and are transferred to the new owner, while in many EU countries you cannot pull out of an agreed deal.
You can find English-speaking, professional local valuers and estate agents through your bank or mortgage lender or by contacting the Federation of Overseas Property Developers, Agents and Consultants. Both the Law Society www.lawsociety.org.uk and The Foreign Office maintain lists of English-speaking lawyers and translators abroad. Expect to pay between £1,000 and £2,000 for the services of an English-speaking lawyer.
Once you find a property you love, you must ensure it is structurally sound. Again, the survey process across Europe differs from standard practice in the UK. In southern Europe especially, vendors may expect you to buy the house 'as seen' on the basis that it has been standing for many years already.
A basic search will confirm ownership of the property on the title deeds and determine whether there are any outstanding debts associated with it, including the mortgage. It is standard to request a credit search on the seller. The search will also uncover any planning or access issues, ranging from restrictions on what you can do with the property to whether the ruling local authority has any plans that may encroach on the land.
It is also vital that you check there are no pre-emptive rights, as in certain rural areas, locals have first refusal on property for sale. Try to get a full structural survey - in some countries sellers are not obliged to flag up any faults.
In France, an expert immobilier can produce a basic or full report similar to those carried out in the UK. In Spain, builders check out old properties. In Italy the survey is conducted by a geometra, who can carry out a full structural survey as well as the searches. The Royal Institution of Chartered Surveyors holds a list of qualified surveyors practising abroad. The International Federation of Surveyors is another good source of advice.
The preliminary contract lays out the terms on which the seller agrees to transfer the property to you. You may sign this before searches have been completed and you then must hand over between 10% and 30% of the purchase price. This will only be returned if a problem specified in the contract arises, so you should push for a contract that covers every eventuality.
Buying property in much of southern Europe often requires you to hand over an initial deposit of between 2% and 10 % up front. You must therefore be sure you want the property before you make a formal offer, or you could lose the initial deposit. The seller is similarly committed and must pay back twice the deposit if he or she pulls out.
The time from making an offer to completion differs from country to country. In France the process can take up to 20 weeks; across the rest of the EU 10-18 weeks is more common.
Conveyancing is usually more expensive than it is in the UK. In France, legal fees range between 10% and 15% of the house price and there are regional and occupancy taxes if you live there for more than eight months in a year. In Spain and Italy, taxes and legal fees are charged at 8%-10% of the property value. Find out about any other charges you might face, such as service charges, VAT on new buildings or local property tax.
Normally the seller pays the agent's fees, which can be as high as 10% to 12% of the sale price, but sometimes the buyer must pay, or they're split equally. Many properties in France are sold through notaires (local state officials). If you want to buy a property in this way, employ a second notaire to look after your interests. The selling notaire will usually split his fee with yours.
The amount of Stamp Duty you pay will vary from country to country, as will the type of tax payable. In France, for example, you must pay stamp duty at 4.8% of the declared value when you buy a property more than five years old. Newer properties are exempt but VAT at 19.6% is charged.
Tax affairs can become complicated when you own a homes in the UK and abroad. As well as council tax on property in the UK, there are income, capital gains and inheritance tax issues to consider. If you have two homes or rent out your property abroad the situation becomes yet more complex, so it is prudent to employ a tax adviser. The Inland Revenue also has fact sheets on all the tax issues involved in buying abroad.
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