Businesses and commercial property for sale in Spain
Buying
a small / medium sized business in Spain.
Spain offers a multitude of business opportunities and there are numerous
successful businesses owned by ex patriot residents and foregin investors
to be found across the country. These range from small bars, restaurants
and shops to guesthouses, hotels, golf courses - in fact every imaginable
type of business. The laws for buying a business in Spain can be complex,
we therefore advise ALL our clients to
seek independant legal and fiscal advice
before and during the course of their purchase.
The majority of small businesses in Spain
are sold on a leasehold basis.
This means that you will pay a lump sum for the lease. The lease can be
anything from five to twenty five years, although they can normally be renewed
at the end of the period. During the time that you are the leaseholder,
you will pay an agreed amount of rent to the landlord. This rent can only
(by law) increase by the rate of inflation every year, until such time as
the lease is due for renewal. At this point, the rent can be raised by a
maximum of 20%. During the course of the lease, you will also be responsible
for the service charges on the business. These may include but may not be
limited to:
Council taxes and terrace tax ( levied upon the "pavement" seating
area) in certain towns.
Electricity
Gas
Water
Your own income taxes and social security payments
Whilst you hold the lease, you may if you wish also sell the lease to someone
else, for whatever price you can raise. You will normally have to offer
the lease to your landlord first, providing that he offers the current market
value. When you sell the lease, you will normally have to pay a commission
to the landlord. This is normally 20% of the 'declared' sale value.
As the leaseholder there are certain laws
you must obey:
You are responsible for the licencing of the business
You cannot structurally alter the building without the owners permission
You cannot sublet the business
You must give the landlord a security deposit (normally of 2 month's rent)
and your rent will generally be monthly in advance
You will have a lease contract that will outline all the terms. Most are
standard but your lawyer will examine the contract and translate it for
you.
When you purchase a business in Spain, you
must allow for the following set-up costs:
A 10% deposit will be required to secure the purchase. The balance is payable
usually in 30/60 days
Your legal fees will usually be around 2,500 euros- this is for a top professional
lawyer and this fee includes transfer of the business, change of name on
the licence, social security registration and everything you need to do
to be legal.
Your landlord will require 3 months rent (2 are a returnable deposit).
Licencing
The local authority insists that all businesses in Spain must be licenced.
A bar may have a bar or bar/cafe licence or even a special full music licence.
It is the agents responsibility to inform you whether a licence has been
granted or not. If you have live music, you will also need a music licence.
All businesses are registered with the local council and a small tax is
payable monthly for this registration. Lemontreevillas.com insist that you
use a legal advisor with all purchases and your legal advisor will ensure
that the licence is in order. We do NOT list businesses that are not licenced.
Part of the lawyers job is to check that there are no debts on the business.
Connecting to services
It is relatively easy to get connected to the services, or if already connected,
to change the name on the account. We help you with all this. In most cases
all you need is your passport number. Telefonica make a charge for installing
a telephone line.