HOW TO BUY OVERSEAS PROPERTY SAFELY - 2018 13TH EDITION - Cyprus Property News
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THE INDUSTRY VOICE. THE INDUSTRY BODY. THE INDUSTRY STANDARD. H OW TO BU Y O VERS EAS P R OP ER T Y S AF ELY 201 8 1 3 T H E D I T I O N
AIPP BUYERS GUIDE 2018 BUY RIGHT, OWN WELL ver heard the saying “buy in haste, repent at leisure?” E Buying a foreign property can lead to a wonderful lifestyle addition and a great investment. But, as with all large capital purchases, caution should be exercised, advice taken and precautionary steps heeded. That is why AIPP publishes this guide - ‘How to Buy Overseas Property Safely’ - now in its 13th edition - and available completely free of charge. AIPP is a not-for-profit organisation set up in 2006 to guide and assist British buyers of a foreign property – all of our services are entirely free to you, the buyer. We focus on two key areas; 1. Consumer Education & Protection and 2. Trade Best Practice (appropriate aspects Peter Robinson, CEO, AIPP London of our work are endorsed by UK National Trading Standards - Estate Agency Team). We are funded by our 350+ corporate members from 31 countries around the world; AIPP members want you to have the best experience possible in pursuing your property dreams. Our members comprise agents, property developers, lawyers, banks, currency specialists, The AIPP does not media and other trade professionals. Each member abides by our code sell international of conduct and offers recourse through The Property Ombudsman, should this be required. property, but we do A foreign property purchase usually touches upon significant financial, tax, legal, estate planning and other ownership-related our best to see it is matters. If you are unsure how to best navigate them please do contact an independent financial adviser. Make sure you use a sold properly. truly independent lawyer to look after your interests. Ask non-AIPP companies to provide references, take them up and, if buying off-plan, make sure you are clear about how the development is being financed. You can find out more about the AIPP on page 18 and on our website - www.aipp.org.uk - which includes a two minute video on what we do, free, for buyers. Do take the opportunity to research and connect with our members in your country of choice. Members are listed in the back of this guide with an up-to-date listing of all current members to be found on our homepage. There are many, many successful and happy tales of buyers enjoying their foreign property purchase. Take a few sensible precautions, do your homework and join their happy ranks. Read on and find out how, with our compliments. | AIPP © Copyright AIPP 1
AIPP BUYERS GUIDE 2018 TODAY IS NOT LIKE YESTERDAY (THE LAST FOREIGN PROPERTY BOOM ENDED 10 YEARS AGO) round 800,000 finance or customer services, A overseas properties were bought by many with very unhealthy relationships with banks, agents To support British owners, British people as second homes before the global & lawyers. Some foreign banks, as AIPP has set up a sister financial crisis (GFC) started in 2008. A peak of around 70,000 principle funders, became unwitting owners of many failed organisation; the Alliance of British buyers were active in the property developments and have, International Property Owners foreign property market in 2007. over the last 10 years, been Many of those buyers continue to completing and selling them off own these properties for holiday, at discounted prices. But most investment or retirement use, but of this stock has now been sold, some do not. Lack of research, with that remaining perhaps of British owners of a property in poor industry practices and rash little interest to foreign buyers the EU is still far from clear (at decision making led a significant looking for a well located holiday time of writing). To support British minority of foreign property buyers home. Plenty of property was built owners, AIPP has set up a sister into trouble. in highly questionable locations organisation; the Alliance of Property prices have stabilised as cheap development, finance International Property Owners. since the GFC and are now and speculative capital growth Both owners & buyers should visit heading upwards in many drove the markets. Some banks www.aipo.org.uk to register for our destination markets now with an have retained choice land sites free newsletters, help and advice. estimated 20,000 Brits having acquired from failed businesses This is a long-term initiative bought a foreign property in and now, with perhaps 10 years going beyond just BREXIT related 2017. But what these new buyers hard-won property experience, matters, extending into all the are witnessing is a landscape are developing sites themselves. various aspects arising in foreign of foreign property opportunity Such developments from banks property ownership. As such, transformed during the past ten might offer the prospect of better the Alliance will support British- recessionary years. due diligence and an attached resident owners of a foreign Gone are the large Brit-owned (conditional) buyer mortgage property in 4 keys areas: foreign-based estate agents offer. heavily marketing themselves As the market continues to 1. Knowledge & Support aggressively into, particularly, recover, there will be renewed (including free legal advice) the UK. The agents who are left focus on new-build property, 2. Representation to authority have proud reputations to protect, driven by the higher and attractive (National & Supranational having traded successfully in margins for sales agents. Governments) showing great customer care Consideration of whether to buy 3. Offers & Discounts through the lean years. Gone new-build or resale is covered in (to lower the cost of using too are most of the highly page 9 of this guide. your property) speculative property developers This section would not be 4. Owners Community Hub with little or no experience in complete without a mention land, construction, development of BREXIT. How this will affect | AIPP 2
AIPP BUYERS GUIDE 2018 GETTING STARTED o where do you begin? Ok, so you think you know which TOP TIPS... S country you want to buy your property in - most people will have visited a country and region many times before deciding to buy there. Many people will be buying with a husband / wife / partner, so it is vital you two are both aligned. You may not intend to rent your property Our top tips to ensure you are both ‘on the same page’? out but circumstances can change - a Each take a blank sheet of paper and a pen and sit in separate rooms. property you personally fall in love with Then answer the following questions and compare results. but is out of the main tourist areas can be Both happy? Aligned? No? Then you need to talk… difficult to rent / manage should you later wish to do so. Questions to ask yourself: What are you PRIMARILY buying this property for: The likely rental value that you Holiday home may achieve should be considered More of a financial investment – to be mainly rented out before purchase - also who you might To retire to now rent through. Have a look at To retire to later with some mixed holiday / rental use www.Holidaylettings.co.uk to get an idea of the market. A local agent has What do you each see yourselves doing in the region, some advantages although income will be facilitated by your property? in the local currency (not Sterling) and 100% time together relaxing the quality of service can be highly Boys golf trips (how often..?) variable - in some instances, fraudulent Girls weekends away (how often..?) accounting of what the local agent says they have let the property for in value and How often do you think you will visit your property in the first year, time being less than they have realised. 3rd year, 5th year, 10 years+? One way to beat both currency and When your property is not occupied by your friends and family fraud issues is to contract with a UK will you rent it out? holiday company who could offer you a fixed contract (regardless of number of How long will you rent it for and for how much? weeks used) in Sterling. Have a look at the likes of Villa Plus and James Villas etc What NET rental income must your property realise after cost of for typical market values and to perhaps servicing, agent fees, taxes, running costs and other deductions? make an enquiry as to whether they are (Note. You know you always underestimate how much money looking to add properties to their portfolio you will spend whilst on holiday? yep, owning and running a foreign in the area you are interested in buying. property is pretty much like that too. Put a comprehensive budget together, pronto!) There are no right or wrong answers - just the answers that give you both clarity of purpose and direction as to what is the right property that meets your own individual needs. | AIPP 3
AIPP BUYERS GUIDE 2018 WHERE IN THE WORLD ost people who buy M a property abroad will have a pretty good idea of where they want to buy, whether a specific country, region, or even resort. Holiday-home ownership is often referred to as the “final stage of tourism” and indeed the story behind a good many property purchases will involve owners being drawn back to the same place year after year and then finally deciding to commit more fully by buying their own home there. But maybe you don’t know where to buy for sure? It’s all properties are so affordable locations such as Turkey, is often high on many people’s too easy to get bamboozled with there currently. In 2014 Spain Greece, Italy or Croatia. wish-list but generally require tempting landscapes, persuasive began to emerge from its worst With property prices still well deeper pockets, as are other arguments and alluring prices but ever property crash so that whilst down from their peak in many bucket-list locations such as usually the best place to start is prices are still well down on their Eurozone countries outside the Indian Ocean, South Africa’s asking yourself why you want to 2006/07 peak, investors have Spain, affordability – is good Western Cape or the Maldives. buy abroad. the confidence of putting their although Sterling value to the Your money will go much Knowing what you want your money into a market capable Euro has suffered. But if you have further in Thailand, however property to do for you is explored of recovery. always hankered after a home in affordability must be weighed more fully on page 7 but if we So, to summarise: Spain’s Portugal, France, Italy, Greece or against ownership complications take the most popular current an established, relatively familiar Cyprus, then now is arguably the for foreign buyers and the varied locations for residential property market for the British with buoyant best time in over a decade to buy risks of buying in an emerging hunters (we are not talking about tourism promising reasonable it – if you have cash. Note that market. Since the global downturn commercial property investment returns for property hunters lending options have narrowed the horizons of British buyers have in this guide), it’s a useful seeking to cover their running although a 75% LTV is readily certainly narrowed and focused snapshot. costs; with a decent chance of achievable. on the “safe” and close to home. some capital growth too. Yes, there’s still an interest in Why Spain? Climate factor Eastern Europe, the Balkans and Spain is the stand-out favourite, …or why not? For those seeking year-round North Africa for the intrepid, but according to multiple sources, Of course the flipside of the coin sun, Florida remains the popular “new” destinations are regarded because it ticks so many boxes. is that some of Spain’s coastal choice, again with fast-growing with an entirely healthy dose We are not only talking about the areas might already offer too tourism and property prices down of caution. | AIPP perennial issues of accessibility, many British, or indeed foreign, from their 2006 peak – though climate, beaches and quality owners for some people’s rising again in many hotspots of amenities that have kept its liking, so for a more “authentic” such as Orlando and Miami. tourism numbers swelling year experience of owning abroad The sugar-sand beaches and after year, but the fact that they might head to less familiar laid-back vibe of the Caribbean 4
AIPP BUYERS GUIDE 2018 THE KEY PLAYERS WHO DOES WHAT? t is often said that straightforward hand-holding I the biggest mistake role, showing you properties A G British buyers can and then being the middleman E make abroad is between buyer and seller on a D N assuming that things work the purchase. When you buy abroad E T same as they do back home. But agents will usually have to do a V N E there’s truth in this, and one of lot more legwork: picking you up O L the biggest pieces of advice one at the airport, driving you around T O can give is to somehow find the areas for comparison, fielding A P right person to hold your hand questions about amenities R E D through an alien buying process. and transport routes as well as Y R A E So whilst all countries have frequently translating everything G V their own quirks and foibles, let’s you encounter. E E kick off with the key person in So when choosing an agent N L your search: the agent. you are going to need to know T O whether the person is going to be P N E Agents capable, and prepared, to do all O R T At the risk of stating the blindingly of the above – if you require it. A obvious, agents exist to sell It’s a sensible idea that you meet R property for a client – whether a prospective agent face to face Y a private vendor, a particular and clarify their knowledge and complex or a developer. They role from the word go. might market this property in information, good and bad the locality, or they might travel How to find an agent? (are they members of AIPP? around promoting it at trade fairs Do your own research first and Are they mentioned positively in and exhibitions, or they could be online is where you might start buyer forums?) based in one of the key markets looking for an agent. Going to a As in the UK, agents are not for their project, be it the UK, property exhibition and meeting always regulated or accredited in China or Sweden. people face to face is a great any way – this differs hugely from In return they of course way of finding an agent too, country to country – and quality is receive a commission, and that although not all agents attend also widely divergent. If they are commission will vary on the these. Either way, look on the big a member of the AIPP you can at country and whether the property overseas property portals such as least have the reassurance that is resale or new-build. rightmove.com, zoopla.co.uk or they are bound by a professional Commissions tend to be aplaceinthesun.com and see who code of conduct and disciplinary higher abroad – and do check is selling a good choice of the process with some recourse to your liability at the outset of your type of property you are seeking. compensation if things go wrong search as it’s not always the A professional and user-friendly When you meet your seller who pays it all – because website with all sorts of extra prospective agent, don’t be afraid the agent’s role is usually more useful advice is a good starting to test their local knowledge. comprehensive than that of one point for finding a professional What is your gut reaction, do in the UK. and user-friendly agent. Equally, you feel that this agent will In the UK, estate agents Googling an agent’s name can best represent your particular perform a relatively throw up all sorts of useful interests? If you don’t get a 5
AIPP BUYERS GUIDE 2018 THE KEY PLAYERS WHO DOES WHAT?... CONT. sense that they are willing to financing the project? Are the training who is licensed by the spend time getting to know you buyer’s stage payments secured government to carry out legal and are properly listening to your by bank guarantees? affairs such as witnessing the requirements, look elsewhere. Look at their track record. signing of property purchase A good agent should carry out Have they completed previous documents and wills. Whether their own due diligence before projects successfully? Can you go French notai, Spanish notarios agreeing to sell a property – to and look at the quality? Are the or Italian notai their job is to save wasting everyone’s time. current owners happy two years see that the property purchase The bad ones will leave the on? As with agents, ask them to process is carried out correctly – buyer (or their solicitor) to find prove everything. Don’t just take and ensure that the related taxes out whether the property is legal their word for occupancy rates are paid. or legitimately owned. He or or monthly homeowner fees or Notary fees are fixed and she should also offer advice on the quality of the development’s payable by you, the client and elements related to the buying management committee, ask to although not generally too process such as obtaining a tax see the relevant documents. If onerous, should be factored into number, opening a bank account they have a contract with a hotel buying costs. Impartial overseers, or introducing the buyer to operator such as Mark Warner, notaries may give you useful legal mortgage advisors. ask to see it. advice but they should not be But beware of two things that In the same vein, treat confused with lawyers, because agents are not. They are not there so-called ‘rental guarantees’ they are not there to represent to act as your lawyer – you’ll need with a healthy dose of scepticism. you and you only. | AIPP your own independent lawyer It is important to realise that in to represent your interests only; order for the rental guarantee to and they are not there to take be covered (assuming that it is), responsibility if things go wrong. the developer may have marked Remember they are always - and up the property to begin with - just - the middleman. only to then pay you back your own money as ‘rental’. Genuine Direct from the rental guarantees are only as developer good as the organisation offering If you are buying off-plan or them so find out what happens if something in the process of they are not realised – being constructed, you may buy before you buy. Once you are beginning the Commissions tend to be direct from a developer. The developer owns the land, obtains buying process – of a new-build higher abroad because the relevant building licenses and or resale property – you may deal planning permission and then with a notaire as well as your the agent’s role is usually builds the project. When buying a new property, lawyer (see page 14). more comprehensive than buyers (or their lawyers) should question everything the developer New for UK buyers: the notary that of one in the UK claims. Has the developer got the A notary or notary public is building licences? How are they a public official with legal 6
AIPP BUYERS GUIDE 2018 WHAT DO YOU WANT YOUR FOREIGN PROPERTY TO DO FOR YOU? ost people will buy a anticipated but not exclusively reward for many years of hard M property for one of two main reasons: to enjoy a lifestyle in relied upon – what happens if many of the apartments in the block you bought into are owned work. Many people enjoy this change and join local as well as expat communities in the sun. a given area or just as a financial by investors and they come to But consideration should also be investment with minimal / no market around the same time? given to later changes to come in usage. Of course, no-one buys You may be surprised how life with, perhaps, access to and a property to lose money, so all often this happens as investors around the property important property is a mechanism by which respond to changes in the local should mobility become a factor. capital is tied up that will, it is market and macro-economic Access to medical care and hoped, at least hold its value and financial picture. perhaps a care home for a perhaps appreciate. That said, research by partner, whilst not in the mind Delve a little deeper and the Rightmove Overseas points to of most 50-somethings, should picture becomes a little more the majority of UK buyers in be a key consideration as we are complex; perhaps the buyer 2017 buying a foreign property living longer, but perhaps also intends to retire /part retire to to meet a long-held desire to getting mentally and physically a property in the sun but first own a holiday home into frailer because of it. With higher buys it for family holidays also to retirement usage. sales and purchase costs than let-out as a means for paying for A holiday home is, perhaps, buyers are used to in the UK, the investment over a planned 20 a big treat to yourself and a it could be very expensive and year mortgage period. significant capital outlay. To be unsettling to move property again The last foreign property boom added to the cost of the property after retirement. Finding a buyer was caused, in part, by property is the cost of purchase (perhaps for your property (if in a typically speculators not investors – around 12% in Spain) and expat or touristic area), will also defined as investors with a very running costs. Prudent budgeting follow the pattern of demand – short purchase to sale period, is therefore vital if you are to try and sell in a weak market often just a few months. This enjoy your holiday home without and your property could take led to a glut of properties being financial worry. It may also mean many months or years at the built and sold without enough you wish to let your property price you want / can afford ‘end-users’ or ‘lifestyle’ buyers out to help pay for its upkeep. to sell at. | AIPP coming into the market to acquire This may then influence your and live in them. So if you are choice of location of holiday buying for investment you should home – perhaps less rural idyll be clear on your exit plan and towards walking distance to be aware of the market-inflating shops, restaurants and other practices of speculators – do you tourist amenities? consider yourself a speculator? Purchasing a property for Buying for investment is a retirement and emigration different scenario altogether often go hand-in-hand. It is an with careful consideration given appealing prospect to sell a to the net yield that a property higher-valued UK property and will give over a defined period. to get ‘more’ for your money If you buy at the right price then by buying abroad. This is often some capital growth may be the intended ‘last move’ and a 7
AIPP BUYERS GUIDE 2018 INSPECTION TRIPS here property trip is the best route for them. WHEN DO PEOPLE BUY?* W markets are rising, inspection trips have returned. They are The key, as always, is to ensuring your expectations tally with those of the agent who is *Active buyers certainly not carried out in the behind the exercise. What will be SPAIN PORTUGAL sort of volumes – or in the same paid for exactly (flights are often 25% 15% fashion – as they were at the part-covered or accommodation height of the property boom but offered at a discount), what does they remain a powerful sales tool the agent expect in return? Can and an “easy” way for buyers to you meet with other agents? go home-hunting. If you know an area reasonably LESS THAN A YEAR LESS THAN A YEAR Now buyers in the market well, going under your own steam 26% 26% are far fewer, but they are a bit and arranging your appointments more savvy about inspection with agents gives you more trips, which came to symbolise freedom, yet trips organised by the “hard sell” culture found an agent can be a good way of IN 1 YEAR IN 1 YEAR (particularly) on the Spanish identifying properties that match 25% 24% Costas during the boom years. your requirements if you don’t But the old-style “freebie trips” know the area and don’t have have in the main disappeared time to explore fully. and now agents can’t afford to Inspection trips don’t tend to spend money on trips that are force-feed properties from dawn IN 2 YEARS IN 2 YEARS a waste of time so there’s a to dusk as they once infamously 10% 7% certain amount of pre-selection did, but “new generation” trips on both sides. will give you the chance to see Not everyone feels comfortable the highlights of an area – after with the implied obligation that all in many cases the agent is comes with being on a paid-for selling himself first, then the IN 3 YEARS IN 3 YEARS trip, whether agent or property region, then finally the property. 2% 2% hunter, so some major agents It’s up to you to make the treat them as strictly business most of any trip, you don’t want trips, or in one case, rebranded to be getting on the flight home them as “lifestyle visits”. thinking of lots of things you IN 4 YEARS IN 4 YEARS There will be a greater element wished you’d asked. Do your 12% 26% of vetting to ascertain how research before the trip, prepare serious buyers are and whether questions to take with you, and they have the finance in place make the most of viewings, taking to proceed. photos to jog your memory back Buyers themselves need to home. It won’t be so easy to nip IN 5 YEARS IN 5 YEARS do their research first – into the back and double-check the view area and the agent (is there from the patio or the amount of Source: Rightmove Overseas anything on those online forums?) storage space. | AIPP – and work out if an inspection 8
AIPP BUYERS GUIDE 2018 RESALE OR NEW-BUILD? or some people, out your home professionally, a Incidentally, Italians tend to F only brand spanking new will do, and this applies to buying brand-new new-build with all the latest integrated technology is going to appeal to a large pool of love new-builds whilst overseas buyers in Italy lap up those wonderful historic homes with a home as much as a car, sofa potential guests, and also offer a original terracotta tiles, oak or suit. more practical, hassle-free option beams and even frescoes. There’s of course a certain for the hands-off landlord. For many of these buyers, a appeal of taking possession of Although you may be liable “character-less” new-build something that has never been to a VAT type tax on new-builds, can never compete with a piece used and shaped by someone you may be able to reclaim this of history, and here is the main else, as well as a sense of the if you rent it out professionally, appeal of a resale property – pristine. When buying a property plus you could expect very or at least a period one. the pristine has hefty financial little extra outlay on top of Decades of wear and tear advantages, from a 10-year build the purchase price to eat into can be part of a property’s guarantee (in many cases), the your rental income. appeal – think of ancient stone prospect of a year or two free Another advantage of buying floors polished by generations of repairs (ideally!) and perhaps pre-construction (off-plan) or of owners - and a property’s lower insurance costs (in Florida). during the build process is that uniqueness can be appealing to There’s also the advantage you often get to decide the buyers and renters. that your home might offer the finishes or even layout of your But do make sure you have latest technology and fashionable new home. Having selected the a survey undertaken before you finishes, as well as a higher build- exact location of the plot (if part of buy a resale property – although quality than something built at a complex) there is a far greater not necessarily customary in the height of a property boom a element of choice available in countries like Spain and France decade ago. This is a factor behind shaping the final product you – because the older a property, the current trend towards new- want. The plot you choose will the greater scope for hidden build in the overseas industry – in be significant when you come to problems. With resales, “what the Spanish and Florida markets sell – homes on corner plots may you see is what you get” does not in particular – where buyers are sell faster than others mid-terrace; always apply – although you can rejecting outdated or outmoded whilst those backing onto a road see how the property works as a properties in favour of the “new might take longer. home and its surroundings, which generation” new-builds that have So far so wonderful, but you can’t do when buying off-plan begun to be constructed after some words of caution too: or mid-construction. a hiatus of several years in the make sure you do due diligence Do also check whether a construction industries. on the builder and have a firm property complies with modern A lot of lessons have been understanding of what costs building regulations and if learnt in the industry since the you might be liable for – the any alterations or extensions global downturn ended several buyer of a new-build might have come with the correct planning years of frenzied property extra costs that the resale buyer permissions. Get your lawyer investment and developers doesn’t. For example, in Italy to check and avoid heartache have realised they are having to your kitchen might not be later on. | AIPP respond to buyers that are more included. Also, buyers anywhere discerning and demanding. should be aware of expensive Certainly if you expect to rent furniture packages. 9
AIPP BUYERS GUIDE 2018 BUDGETING s with buying a agent in Andalucia suggests to be covered by local taxes. A home in the UK, the costs of property ownership run far that you budget “10.5 to 14 per cent” of the purchase price for purchasing a resale property, with In Spain there’s an annual property tax called IBI whilst in France there are two types of beyond the price on the sales an additional 2 to 4 per cent on tax: Taxe d’Habitation and Taxe contract. The key to managing top if you are having a Spanish Foncière and in Italy it’s even more your finances successfully mortgage. Note that buying costs complicated – a three-part service is knowing what you can vary across the 17 different tax, the IUC, introduced in 2014 expect to pay. regions of Spain. and not universally understood! Don’t make the mistake of You also need to understand assuming that either or both of Running costs the difference between being these will be lower than in the On top of the cost of any resident in a country and being UK – buying costs can be much mortgage on a property, there tax-resident there. This has higher in different countries and will also be ongoing taxes and implications for inheritance tax second homes tend to be taxed running costs on second homes. (IHT). If you rent out your property, more highly too. Ongoing costs The level of these is important you’ll also need to pay income may include high upkeep costs to ascertain early on, as it might tax on rental income locally. involving management fees and help decide what type of property In fact, it can be worthwhile also climatic wear and tear. you buy (new or old? standalone taking expert advice – from a local or part of a complex?) as well as lawyer or accountant – or in Spain, Buying costs where you buy it. a Gestor – once a year to ensure Buying or purchase costs involve a Also, these monthly expenses you pay the right tax - at the combination of agent commission will also eat out of any rental right time. costs (varying by country and income you make from your sometimes region); transfer property, or indeed force you Insurance tax or stamp duty, notary/land to think about renting it out to Holiday homes are often left registry costs, legal fees plus any “wash its face” (cover its costs). unoccupied for long periods, or mortgage arrangement fees. If you don’t want the hassle of they are rented out to third parties If you’re buying new-build there’s doing this, then make sure you so specialist insurance needs to the VAT – although this may be can afford to keep the property be factored in. redeemable if you opt to rent without letting it. If your home is in an earthquake out your property professionally zone, hurricane belt or frontline (French leaseback and tourism There’s always tax beach location then such costs residences in Austria, You also need to consider the may be higher than usual. for example). yearly taxation you might have Insurance costs may well Purchase costs can add up to to pay as a non-resident (or be covered by community or over 10 per cent of the sales price second home) owner as well as development fees, but check of a property, depending where community fees, homeowner this - communal parts of the you buy, so you really need to association fees (in the US), development may be covered factor this into your budget when insurance and types of council but not your specific property you make an offer on a property. tax. If you own a home in a or contents. | AIPP Ask your agent to advise you on community, there will be costs this before you start your search. for street lighting and rubbish In Spain, for example, a leading clearance etc that will need 10
AIPP BUYERS GUIDE 2018 MORTGAGES ood buying So, if you’re going to be paying HOW WILL PEOPLE BUY? G conditions are drawing British with a UK salary, your mortgage should be in Sterling, but if you 59% buyers back into plan to rent out your property in the overseas property market France, you’d be better off with a with prices lower than they have Euro mortgage. been for nearly a decade in some Shop around and consider locations. using a mortgage broker – as CASH 5% That said, the mortgage well as a currency broker, to marketplace has changed beyond take advantage of exchange rate recognition so take some general fluctuations when you transfer advice to get a broad overview of your cash abroad for the deposit; what you can borrow and where. and ongoing monthly payments. As EQUITY RELEASE 25% A good place to start is a mentioned above, lending varies specialist overseas mortgage considerably between countries. broker and a LTV of 75% should We start with France, the be achievable - subject to status. anomaly, currently offering some Do your research and consult of the best mortgage deals of all MORTGAGE 2% lenders before you start seriously time and the greatest range of property hunting. You will options for overseas buyers. generally need a healthy deposit Beware, though, that the cost and the ability to provide a sound of changing mortgage provider financial profile. You will probably is much higher in France than PENSIONS 9% need to show proof of income in the UK (around 2.5 per cent and outgoings so the debt to of the mortgage value), hence income ratio – or affordability – most French people don’t tend to can be scrutinized, so get your switch lenders. Also note that old, paperwork ready in advance. rural properties are seen as more DON’T KNOW Having your financial affairs of a liability by lenders. in order – and even an Approval In contrast, the choice in Spain Source: Rightmove Overseas in Principle (AIP) - will also show is much reduced with repayment agents and vendors that you are loans the norm. For bank a serious buyer and can move properties of course the situation fast to complete a sale, and even is different as a bank may offer use it as a negotiating tool. you 100 per cent LTV to get a As a general rule, when property off its books. choosing your mortgage always In Italy buyers are advised borrow in the same currency as they might get better rates the source of funds you plan to with a regional rather than an use to cover the repayments. international bank. | AIPP 11
AIPP BUYERS GUIDE 2018 CURRENCY roperty hunters Currency brokers can buy your You will typically be given online P abroad tend to be much more educated than they currency at the exact time that rates are best, and if you are not restricted by time with your account access from which you are able to transfer Sterling to your broker and they do the were a decade ago and, apart purchase, “stop-loss orders” and rest - such as making regular from appreciating the need to “limit orders” allow you to buy payments abroad. take independent legal advice, currency when your preferred Once you’ve purchased the many have learnt to use a foreign exchange rate is available. property, you will almost certainly exchange (or FX) company. Also in common use now need to make regular payments Whilst there are so many are “forward contracts” which overseas from the UK - to meet variables when buying an effectively protect your buying mortgage repayments, and pay overseas home, one major power from currency fluctuations local bills, taxes or management certainty is that you will need by letting you fix an exchange costs. If you are retiring abroad to exchange your pounds into rate for a future transaction. This you’ll need to have your pension another currency and transfer makes financial planning easier. paid monthly into a foreign bank these funds abroad. Plus, in You can fix today’s exchange account. | AIPP this global age, it is hard not rates for up to two years with to appreciate the relevance a Forward Contract, and only of exchange rates, with some lodge 10 per cent of the total you dramatic swings to and fro within want to convert initially. With this the last couple of years. popular type of contract you can But if choosing when to buy either fix the date you wish to take to capitalise on a particular delivery of your currency, or have currency’s strength or weakness the option of taking delivery at any involves a certain amount of point up until the agreed date. guess-work, using a FX broker in You can fix the amount of a currency transfer can without pounds you send abroad on doubt save you a certain sum of a regular basis, for example money over using a bank because monthly, which means the amount they very often offer better rates. of local currency you receive in These days overseas property your foreign bank account will fairs and exhibitions are full of FX fluctuate with the exchange rate; companies and because - broadly or you can fix the amount of local – they all offer the same services, currency, for example euros, it’s a competitive marketplace. that is paid into your overseas account, meaning the amount of So how does it work? pounds being debited from your When you are planning your UK account will fluctuate with the overseas purchase, it’s good to exchange rate. have an FX broker lined up in You can typically save up to advance. Brokers will allocate you four per cent over using a bank a personal account manager, who – so £4,000 on a £100,000 will monitor the currency markets apartment; £8,000 on a and keep you updated. £200,000 villa, for example. 12
AIPP BUYERS GUIDE 2018 PLANNING FOR THE FUTURE n other sections either. In which, or both, will you in which your immovable assets I of this guide so far we have covered the need to budget be tax-resident? You may need to file tax returns – and pay taxes - in both countries. Make sure (property) are situated, or where you are domiciled. So do take expert advice even before you when planning your move abroad, you understand domicile – and sign the sales contract and when purchasing a property and the definition of domicile differs decide the most effective way for running your home. between jurisdictions – because of purchasing (as far as who But, as always, there is a need the fate of your movable assets is on the deeds), and whether to plan ahead and anticipate (stocks and shares etc) when you you buy as an individual or as a changes of circumstance in the die may be affected – see below. company. Such advice must come future. In fact, a large amount from someone with expertise of people in their fifties certainly Inheritance and in the country to which you are seem to be doing this already, succession planning considering because such matters with agents reporting that UK Even if you have no thoughts of are fiendishly complicated – pension reforms have played their retirement when you first buy and also about to change… role in kick-starting the market in a home abroad, bear in mind Spain especially. that it might make sense to put New EU legislation From March 2014 the over-55s your children on the title deeds on inheritance: have gained greater access to to save on transfer taxes and/ August 2015 their pension pots with the ability or inheritance taxes. Whether On 17th August 2015 EU to withdraw a lump sum of up to you do or not, bear in mind that legislation on “forced heirship” £30,000, (couples are now taking a carefully drafted will pays changed. According to Regulation cash and investing it in a property dividends – Spain reduces number 650/2012, any person ready for the time when they inheritance tax (IHT) liability with owning property in a participating are free to spend longer periods the addition of children to the will EU state (who has taken in the sun (find out more on as well as ensuring your estate appropriate action before their pension reform at goes to exactly those you wish death), can choose between www.gov.uk/government/news/ it to. the law of the country of their pension-reforms.) Because don’t assume that if habitual residence, or the law Even if you don’t do this, you you buy a property abroad you can of their nationality to govern the will need to decide how you draw hand it on to whoever you choose. devolution of their EU estate. So down your pension [see page 15] You may have heard of France’s with some forward planning – ie and what type of resident you will historic forced heirship rules amending your will - you will have become in the country where your (where the state dictates how your more control over the fate of your home(s) are located. estate is divided up between your property. Now that is a positive bit children, siblings and your parents of legislation. | AIPP Tax residency rather than your spouse), well and domicile each country currently has their If you intend to gradually semi- own rules governing who should retire to your overseas holiday benefit when someone dies – and home, then beware of falling how much tax is paid. between two countries and not Succession law – who gets being properly registered as a what when you die – is governed resident (or habitually resident) of by the jurisdiction of the country 13
AIPP BUYERS GUIDE 2018 WHY YOU SHOULD ALWAYS USE A LAWYER f there is just one why should we not use one in a I thing that you take away and follow up strange market abroad? Don’t fail to use one because on it’s this; please use an independent lawyer on you want to save money or because you can’t find one. You can always use the AIPP your overseas home purchase. Typically, fees for an overseas FREE legal service to get some A multitude of problems can lawyer are 1-1.5 per cent of the usually be avoided by doing this purchase price, with a minimum initial advice - a service from one thing, even though it might cost a little extra, the expense fee so factor this into your purchase budget from the start. our Legal Working Group (LWG). might provide priceless peace of mind – and spare you far greater Get someone lined up early on and make sure they can translate See our website for details financial losses later. documents for you as well and to apply. Some agents or developers may as carrying out all the express surprise at your decision relevant checks. to use a lawyer - it may be custom So how do you find someone for locals not to do so. The seller with no conflicting interests in of the property may recommend a the transaction who will work lawyer to you. But buyer beware, is exclusively for you? In comparison, the role of a this lawyer going to be completely Recommendation from another lawyer is the same as in the UK impartial? buyer is one route, although a in that they are acting in your A truly independent lawyer, who good starting point is the AIPP, interests so will do all necessary will act to protect your interests, because we have law firms as due diligence for you, ensuring is one that is not working in members (aipp.org.uk). your purchase contract achieves collaboration with the agent or But don’t assume that seniority – everything you expect and have developer. That is not to say such as being in a country’s Bar agreed on. that some lawyers suggested Association – equals pure ethics. Never sign a sales contract by respectable companies will Another route is through the or mortgage agreement without not be truly independent, but British consulates overseas, having it checked by your lawyer. corruption does still exist in who usually keep a list of lawyers Their remit includes searches various countries, and you should they recommend. on the property, the land it stands be aware of potential conflicts Don’t confuse the role of notary on, planning permissions, and of interest. for that of a personal lawyer: whether it carries any debts or As a buyer in a foreign country in many European countries encumbrances. (who may not even speak the notaries are legal representatives They will act as facilitator language), you are, after all, highly of the state whose job is to between the different parties vulnerable to exploitation because oversee and rubber-stamp involved in the transaction, and you probably won’t be familiar property transactions. also advise you on related issues with the property-buying process. They will draw up the deeds, such as finance, taxation and In the UK we routinely use a but their impartial position means inheritance law. | AIPP lawyer when buying or selling a it is not their responsibility to home - we don’t have a choice indicate whether the deeds are because the conveyancing in favour of either the vendor or process involves solicitors – so the buyer. 14
AIPP BUYERS GUIDE 2018 RELOCATION: THE PRACTICALITIES f you are moving (a QROPS) but what are the pros passport is up to date. Always I abroad full-time, rather than just buying a holiday and cons? Weigh up the options and check your entitlement to a state pension at retirement age: keep a copy of your passport somewhere safe. You will also need to start notifying insurance home, then there are some get a pension forecast at www. companies, banks, GPs, dentists practical things you need to direct.gov.uk. Also, always allow etc of your move. Any pets? consider. On many of these you some cash for contingencies Moving your pet can be the most will need to plan ahead, especially and consult a regulated financial complicated and/or expensive if you have children who will advisor if you have any queries. part of your move abroad! need to start a new school at the beginning of an academic year. Welfare rights? Benefits Driving: Will you sell your may be affected by your move car before you leave or take it Schools: Application deadlines abroad so find out what you with you? Compare costs and for international schools tend will be entitled to. If you are legalities. In some countries to be in January for the autumn moving within the EU you will buying a car can be prohibitively intake, so schedule exploratory have rights, plus even outside expensive due to import duties visits the autumn before. With a (in countries such as Canada (Turkey, for example). Can you rising demand for such schools or New Zealand) there are still use your UK licence initially before (globally it has increased 7 per a number of reciprocal social transferring to a European or cent per year) you can’t just security arrangements. Check International Driving Permit (IDP) assume you will automatically get with the Department for Work and which must be obtained before a place. Pensions: www.dwp.gov.uk. you leave the UK? Tax residency: If you move Healthcare: What medical Registering your arrival: abroad permanently you will treatment will you be entitled to When you arrive you will need to become a tax resident of that in your new country? Research register with the local authorities, country. The rules surrounding this and the cost of private and apply for a residence permit. tax residency can be complicated options. Some countries have a In some countries this will involve so seek advice before you move, contributory system, others pay- getting an identity number; in and the timing of when you move as-you-go GP visits etc. Find out others you may need to register from one country to another can more at www.gov.uk. with the police. If you haven’t provide tax advantages. Consult already done so through buying companies that specialize in Make a new will: Assuming a property, you will need to open giving tax advice to expats. you have a UK will for your UK a bank account too. Will you assets, check it is up to date be entitled to vote? Visit Moving money and before you go and make a new aboutmyvote.co.uk. | AIPP pensions: Apart from using a one in your new country to cover currency broker to move funds property and other assets there. across to your new country, consider simplifying your pension Logistics: Planning the actual affairs before you move. You may move starts long before you wish to transfer your pension want to go, when you need to from the UK to a recognized gather estimates from relocation scheme in your adopted country companies and check your 15
AIPP BUYERS GUIDE 2018 TYPES OF OWNERSHIP hese days there’s it is, and whether it will suit your going into any sort of business T more to ownership than buying a conventional own needs best. Schemes are only as good as the management company (and you will pay in with friends or family, it can often be simpler in a professionally managed set-up sharing with freehold. Most people with busy some way for the management strangers. lives and wide travel horizons expenses for such schemes – are unable to use their holiday the so-called “fractional uplift”) Leaseback schemes home for more than a few weeks so the market leaders can offer A successful business model a year so alternative ownership confidence. Big names in the in France for over 20 years, models exist. industry include Hilton, Marriott leaseback ownership schemes and Wyndham. are found in holiday areas and Fractional ownership Find out how much flexibility involve the owner leasing their Fractional ownership, shared there is for usage, how you can (holiday) home back to the ownership, destination club, exit the scheme etc, but some developer for a period of 20 residence club and timeshare (EU good news too: EU law to protect years usually. law uses the word ‘timeshare’ the consumer of schemes The owner gets to use their to cover all multiple ownership marketing to EU countries property for a pre-agreed amount schemes) are all terms in use includes a 14 day ‘cooling off’ of weeks per year and gets a for describing a concept where period and no money can change share of the income earned by there is more than one owner of a hands in this time. letting out the property for the holiday property. rest of the time. The hassle-free The idea of sharing a holiday Co-ownership with and hands-off aspect of this property with friends and family friends and family investment has proved popular obviously makes a lot of sense: You can share ownership to – it’s often treated as a pension various parties get to use a spread costs without being part pot - and buyers can get the property for as much time as they of a big, formalised scheme, and 20 per cent VAT back on a new need to per year, and save on the there are varying sized groups of leaseback property. purchase and upkeep costs of friends or family that have reaped Some things to watch out for: outright ownership. the benefits of “buying together”. as with fractional, the scheme is In the 1980s some bad sales With the right sort of legal only as good as the management practices of “timeshare” (in Spain advice and buying structure from company – the big ones in the especially) knocked consumer the word go, co-ownership can French Alps are CGH, Odalys and confidence and many fractional work well, but the key is to agree Pierre et Vacances – and beware ownership schemes are keen to on all eventualities before you hidden running costs. Yields on differentiate themselves from buy so everyone knows where freehold properties may well be timeshare. With the share of the they stand. How will you divide higher, but their management can freehold available to owners in up usage, will you allow third be a headache. | AIPP some schemes, or investment parties to use it; how will you into a property fund or portfolio, cover and manage maintenance there are clear differences, and bills and what happens although some schemes are when someone wants out of the similarly selling periods of usage. property – or to sell up? So know exactly what you are Of course disputes occur buying into, how tried and tested between co-owners and as with 16
AIPP BUYERS GUIDE 2018 RENTING OUT YOUR PROPERTY n recent years the what about access? How easily Management. How will you I holiday home letting business has proven to be the fastest reached by your target audience? Beat the competition. Set manage the bookings and/ or running the property? Ask yourself if you are going to be growing sector in the travel yourself apart from the rest in able to respond to booking industry. Alongside the ongoing terms of presentation, USPs, enquiries yourself speedily, or is popularity of the self-catering wow factors, affordability and/or it worth using an agency? Doing holiday is the rise of the “sharing marketing. Clients tend to expect this all yourself can be hard work economy” of renting out your Wifi and that welcome bottle of or impractical: how do you find a home(s) to strangers, as shown wine, but how can you make your plumber at 11pm for your home by the success of Airbnb. offering truly memorable? Make in Spain? Most people have a There are plenty of instances of sure you “sell” the property’s plus local person on hand to deal owners turning to rental returns points, whether it’s styling a lunch with key handover and potential to help pay for tax rises, cover laid out on the terrace, or showing problems – so don’t forget to mortgages or rising living costs. in pictures how the garden may factor-in management costs of In fact more and more – now be used. 10-15 per cent typically. around 60% - rely on rentals to cover the costs of running their Marketing. Consider creating Finance. Once you’ve got overseas home, and there’s your own website, alongside using bookings coming in, you will need growing competition between the popular portals; embrace to organise your finances. You will home owners. social media and last-minute need to pay income tax on lets So don’t assume that just deals if you have void weeks. so investigate the tax locally and by taking a few photos and Provide customer feedback as what running costs/community uploading them on a holiday part of your advertising. One charges you will have and also rentals website that the bookings agency has reported that offering what insurance you will need as a will come flooding in. feedback is now one of the things landlord. Consider what currency You will need to consider that all their most successful you will receive your rental carefully several key aspects… properties share (and note that income in, and how you you must request it to receive it). will pay management costs Location. How can this suit locally. | AIPP your objectives? What sort of Legalities. Are you permitted occupancy levels will you need? to rent out your property for Is a dual-season or year-round short term (holiday) lets? Is sun destination going to provide there zoning (Florida) or specific longer seasons? In winter-sun regulations within a complex? One agency has reported that locations such as the Canaries and Florida, three-month In Spain, some regional governments have clamped down offering feedback is now one of the lets to “snowbirds” are quite on holiday lets (especially the things that all their most successful common; the lower weekly Canaries) so take legal advice income offered by long-term lets on this: not just the word of an properties share (and note that you can be balanced out by lower agent. Also, have you got the management and marketing relevant insurance, do you need must request it to receive it) costs. Golf or mountain resorts a licence and do you conform to can be popular all year. Also, local safety regulations? 17
AIPP BUYERS GUIDE 2018 OUR ROLE IN HELPING YOU TO ‘BUY RIGHT, OWN WELL’ IPP is a non-governmental, not-for- A profit organisation seeking to improve standards of professionalism in the largely unregulated international property industry. Our offices are in London. AIPP is also a Trustee of the IESC – International Ethics & Standards Coalition – www.ies-coalition.org The role of the AIPP is five–fold: Important note about the service provided by the AIPP 1 To freely offer qualified information and support to UK buyers of a We provide free and impartial information to UK citizens about buying a foreign property. The AIPP foreign property does not sell properties, but it is an association made up of property sellers & associated companies 2 To bring together, under a strict code of conduct, all professional companies who voluntarily subscribe to the AIPP code of conduct. The AIPP does not underwrite the business in the business of creating and selling activities of its members. AIPP does monitor and foreign property enforce its code of conduct and does, from time to time, take disciplinary proceedings against members 3 To improve standards of professionalism and accountability that may lead to their sanction – but expulsion from the AIPP is the ultimate sanction we can impose. In in the industry common with other trade organisations, the AIPP does not underwrite for the benefit of members of 4 To receive and deal with any complaints about our members services including, the public any shortcomings or negligent acts by its members. where appropriate, the passing of such That said, AIPP members are also subscribed complaints to the independent property to the independent and specialist The Property ombudsman who may recommend an award Ombudsman service. Members of the public of compensation. can, at no cost to themselves, make a complaint about an AIPP member which, if upheld by The 5 To lobby government and government agencies for support and interventions Property Ombudsman, could lead to an award of compensation being made to the complainant of up to protect British buyers and owners of to £25,000 – such an award being payable by the a foreign property. Owners of a foreign AIPP member. property can receive support from our While we try to ensure the accuracy of the sister organisation; Alliance International information, AIPP cannot accept any liability arising Property Owners, ww.aipo.org.uk from your reliance upon it, or from the inclusion in it or omission from it of any data whatsoever. 18
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