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Buying A Property In Gibraltar

18.10.2020 Publications

Gibraltar is a British Overseas Territory located at the most southern tip of the Iberian Peninsula. Gibraltar has a miniscule land area of only 2.6 square miles, meaning that space is at a premium.

The property market has been thriving for a number of years. Developers have invested heavily in new residential and commercial developments. Typically, the residential developments have been sold off plan prior to build, and comprise of high-end projects, modern apartment blocks and affordable housing stock. The office sector has seen development offering both off-plan sales to owner occupiers and investors, or for commercial lettings by the developers themselves.  Most new developments are held by the developer under a headlease, with underleases being granted to each apartment owner. The old town is more typically freehold, and there are smaller projects in the town area which are sold on long leases to owners and investors.

As part of the legal fees, our experienced lawyers will:

  • guide you through the purchase process from start to finish;
  • conduct preliminary enquiries into the property (such as alterations, disputes, management company business etc);
  • provide you with a report on title and your obligations under the lease;
  • review and/or draft the relevant documentation; and
  • register documentation on your behalf at Land Property Services.

Stamp duty is payable by the purchaser on the purchase price of the property. Where you are a first time or second time buyer of residential property, there is currently no stamp duty payable on the first £260,000.00 of the purchase price. The following stamp duty thresholds are currently in effect: 

First time & Second Time Buyers

Purchase Price

Rate

Up to £260,000

Nil

Between £260,000 and £350,000

5.5%

Over £350,000

3.5%

Third Time or more Buyers

Purchase Price

Rate

Up to £200,000

Nil

From £200,001 to £350,000

2% on first £250,000 and 5.5% on balance

Over £350,000

3.5% on first £350,000 and 3.5% on balance

Please note that for some affordable housing estates, there is a special rate of 7.5% stamp duty payable within the first 10 years since original purchase.

If you are purchasing the property with the assistance of a bank, stamp duty is also payable on mortgages at a rate of 0.13% for borrowings of £200,000 or less; or 0.2% for borrowings of more than £200,000.

If you are interested or thinking about purchasing a property in Gibraltar and would like to find out more, please get in touch with our property lawyers by contacting us by e-mail at info@triay.com or by telephone at +35020072020.

Disclaimer:
This document has been issued on the 18th Oct 2020 by Triay Lawyers Limited, trading as Triay Lawyers, a Gibraltar private company limited by shares with registered office at 28 Irish Town, Gibraltar, GX11 1AA and with incorporation number 112599. The information in this document is for general information purposes only and does not constitute professional advice, legal or otherwise and does not intend to be comprehensive. Triay Lawyers does not accept responsibility for any loss that may arise from accessing or relying upon the information contained in this document.

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