Do you need an updated NIE certificate to sell property in Spain?
Raymundo Larraín Nesbitt, December, 1. 2020
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By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
8th of December 2020
We published several years ago (in eight languages) a detailed article explaining what a NIE number is and how to go about getting one. A NIE number is assigned by the national police and is yours for the remainder of your lifetime, it never changes. Many years ago, Spanish police issued them as an A4 sized certificate that had a three-month expiry date printed on them. Modern-issued NIE numbers no longer show ‘expiry’ dates.
At times notaries, on selling, demand a seller procures a new updated NIE number certificate. This is because they have seen the 3-month expiry date is (long) overdue and are asking for a ‘new’ updated copy. In truth, the ‘new’ certificate will bear exactly the same number and details as the former, the only difference is that there will not be any expiry date on it.
Imagine sitting the morning of completion at a notary’s office, surrounded by a group of anxious strangers, and feeling a knot at the pit of your stomach when the notary officer informs you the sale has fallen through because your NIE number is not accepted by the notary! Now imagine millions of euros are at stake. It can well happen. The sale needs to be postponed or else change over to another notary (not always possible when mortgage loans are involved, as is often the case).
Then again, some notaries, who are not prone to nit-picking, will have no qualms accepting an ‘expired’ NIE number certificate. They will find it completely unnecessary to re-apply for a new copy and are more than happy to accept an old one which shows a 3-month expiry date.
The problem is that sellers cannot pick the notary witnessing a sales deed. This is a right that belongs only to buyers, who are legally entitled to pick whichever notary pleases them most. One of the many disadvantages this poses to sellers, is that they are unable to know beforehand - often until it is too late in the day - which notary will be the one selected by the buyer. Meaning they cannot know if the selected notary will demand they update their old NIE number certificate, or not, on selling.
This can be easily pre-empted by your appointed conveyance lawyer on including a clause in the POA to attain a duplicate NIE number should the need arise on selling. Bottom line, in practice it’s a bit akin to playing Russian roulette; a seller cannot know for sure if the chosen notary will demand an updated NIE certificate, or not. It is the duty of your conveyance lawyer to plan ahead for this eventuality and overcome any unforeseen obstacle.
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- How to inspect an off-plan property overseas – Q&A with The Sunday Times. July 2017
- Rogue Estate Agent's Commission – 18th November 2016
- 7 reasons on why you need legal representation on selling in Spain – 7th March 2018
- Home Seller's Checklist – 11th September 2018
- Tax advantages on becoming resident in Spain – The Address magazine (pages 358 - 373). December 2018
- Save taxes on selling your Spanish home! – 1st March 2019
- Capital gains tax mitigation on selling (or gifting) property in Spain – 8th May 2019
- How to buy & sell property in Spain other than in euros – 7th January 2020
- Home-Seller's Checklist – 21st February 2020
- Home-Buyer’s Checklist – OFFPLAN – 8th March 2020
- Home-Buyer’s Checklist – RESALE – 8th April 2020
- Home-Seller’s Checklist – 8th May 2020
Article originally published at Spanish Property Insight (SPI): Do you need an updated NIE certificate to sell property in Spain?
Please note the information provided in this blog post is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely on websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. No dragons, Lannisters or self-serving politicians were harmed on writing this article. VOV.
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