About Buying Property in Hungary
Buy an investment property at the beautiful Lake Balaton. Take advantage
of amazing low prices in Hungary. The undiscovered jewel within the European
Community.
Example
Purpose built apartment on the banks of Lake Balaton. Built 2004 -
68 sq. yards, 2 Bedrooms, Balcony - 100 yards from lake Excellent amenities
close by - Price £ 35,000. Expected Rental yield of 6% pa. - Excellent
potential for capital growth. We can arrange the letting and management
of your property
BUYING IN HUNGARY – THE FACTS
Currency
- The Hungary currency is the Forint (abbreviated to HUF)
- At the time of publication £1.00 is equivalent to 350 HUF approx.
(Nov. 2005). This rate is subject to market fluctuation as with all
currencies
- The Hungarian legal system is very different from the English system
- Is the process of buying a property in Hungary similar to the process
in England? No, the Hungarian legal system is very different from the
English. Generally speaking, however, provided the necessary checks
and enquiries are made, there is hardly any more need to worry about
buying a house in Hungary.
- Can you make all the same checks that you would make in Britain?
– No. As the systems are very different you can only do what is
normal in the country where you are buying the property. In just the
same way, you would follow a totally different procedure if you were
buying a house in Scotland from the procedure that you would follow
if you were buying a house in England.
Buying as an investment in Hungary
Many people are buying for investment purposes. Some want a holiday
home that will also make money and cover all or part of its running
costs.
What should I bear in mind when looking for a property?
- The first point to bear in mind is that Hungary is a 'new' country
as far as the overseas property market is concerned and will continue
to evolve as it emerges as a fully free market and member of the European
Union (which it joined in May 2004).
- Buying a property in an emerging market country such as Hungary is
pretty well the same as buying a property in, say, Spain or France.
It is perfectly possible to buy property with its history properly and
legally recorded. You just need to be particularly careful and get good
legal advice before you commit yourself to a purchase. GLM will assist
you throughout the purchase process.
What is the process of buying a property?
- Once the reservation contract has been signed there is usually a
period of two to four weeks to carry out checks on the property before
you sign the main ('Preliminary') contract.
- Provided checks are satisfactory you then sign the Preliminary Contract
and, usually, pay over a deposit of 10% of the price on a resale property
and a down payment of, perhaps, 30% on a new or 'off-plan', there then
usually follow a series of stage payments as the construction process
progresses.
- Once the property has been finished (or, in the case of a resale
property, as soon as everyone is ready to proceed) the Final Contract
is signed. This is the document transferring the right to ownership
to you.You then pay your various fees and taxes and this is then registered
at the Land Registry.
- Legal fees are normally a flat fee of £1,000 which includes
all searches and disbursements
Loans & Mortgages
- Financing the purchase of the property may take several forms depending
on the circumstances. For example: 1. A first (or second) mortgage on
your existing UK property 2. A mortgage on the Hungarian property from
a Hungarian lender
- Hungarian mortgages do not follow the same pattern as UK mortgages
secured on UK properties. The loan is usually limited to 70% of the
assessed value of the property – our experience is that it is
usually nearer 50% of the true value – and by the ability of the
borrower to repay the loan, all strictly calculated in accordance with
Hungarian rules that are very different from our own. Standard repayment
mortgages (where you repay both capital and interest) are the norm,
though interest-only mortgages are available from some sources. The
term is usually shorter than an UK mortgage – typically 15 years.
Do I need permission to buy?
- In general, foreign individuals can purchase and own real estate in
Hungary provided that they obtain official permission from the municipal
authorities. The buyer's lawyer will apply for this permission.
- Once the municipality issues its approval the buyer can register the
real estate in his name in the Land Registry. This is the ultimate evidence
of his title to that specific property. For EU citizens it is likely
that the need for permission will be abandoned in the fairly near future,
though st this is not guaranteed. Since 1 May 2004, EU citizens who
have been continuously living in Hungary for at least four years, may
purchase residential property in Hungary WITHOUT special permission.
- Properties in certain protected areas e.g. National Parks may be off
limits for overseas investors. The Tihany peninsula adjacent to Lake
Balaton is an example
What happens if either I or my co-owner dies?
- Jointly owned property does not automatically pass to the survivor.
It will (subject to the limitation imposed by Hungarian law) be dealt
with according to any instructions which you leave in your Will (either
English or Hungarian) or, if you do not leave a Will, under the rules
relating to intestacy.
- Hungarian law imposes restrictions on the freedom of a Hungarian person
to leave their assets as they please on their death but does NOT insist
that foreigners abide by those restrictions. It is generally, much cheaper
and simpler to deal with your affairs in Hungary if you have made a
Hungarian Will.
- Rental income - The shores of Lake Balaton will attract a rental
income during July and August of anything up to £200 per week.
A property in rural locations would be less attractive as a rental property.
We can assist with the provision of cleaners
Special points for new properties
From 1 January 2005 new purchases of new property at less than 15,000,000
Forint (about £43,000) can be bought free of property transfer
tax, which is currently 6%.
The Role of the Notary
- In most countries, except the UK and other 'common law' jurisdictions,
the Notary plays a major part in the process of buying and selling real
estate.
- The Notary is a public official who is there simply to put on the
public record the fact that the title deed recording the sale / purchase
has been signed in his or her presence and understood by the parties
concerned.
Do I have to be in Hungary to complete the transaction?
The seller and the people buying the house are usually required to
attend in person to sign the documentation. However, if this is inconvenient,
arrangements can be made for a Power of Attorney to be granted enabling
another person to attend on their behalf. This must be in Hungarian
form and signed in front of a Notary.
Is there a Land Registry system in Hungary?
Yes. After the Full Contract / Deed of Sale has been signed it will
be registered at the appropriate Land Registry and for the payment of
any Land Registry fees.
In whose name should you purchase the property?
There are many ways of purchasing the property. Even if you need to
buy the property in the name of a limited company you will need to think
about who should be the owner of the shares in the company.
The options available to you include:-
- In your own name
- In the joint names of you and your husband / wife or co-purchaser(s)
- In your children's names or in the name of somebody who will eventually
inherit the property from you
- In the name of a limited company, whether English, Hungarian or
'off shore'.
The decision as to who would be the legal owner of the property depends
on your own personal circumstances. In most cases, purchases are made
in personal or joint names
What happens if I decide to live and / or work in Hungary?
As part of our service was can put you in touch with advisers about
work permits and licences and permits in connection with the opening
of new businesses. They can advise on the importation of cars, furniture
and pets into Hungary, obtaining payment of your pension in Hungary,
healthcare issues, planning your tax affairs, National Insurance and
other related matters.
Can my UK state pension be paid to me in Hungary ?
Yes
Are there any other things I should do at the same time as I
buy a property?
- We believe that it saves a great deal of time, effort and money later
on if you now review your English Will and make a separate Hungarian
Will. For most people the cost of this is fairly small.
- It is highly advisable for any person who has a property in Hungary
but does not live there all the time to nominate a 'fiscal representative'.
This is a person to whom the tax authorities can send all correspondence
relating to your affairs in Hungary, secure in the knowledge that it
will arrive.
- The fiscal representative must be resident in Hungary and is usually
a lawyer, or your tax adviser.
- GLM can help with property insurance and will arrange for electricity,
water and rubbish collection charges to be transferred to your name.
GLM will notify the Town Hall that you own the property and register
for local rates, open bank accounts and register with the Hungarian
authorities for tax and other purposes.
Taxes
- Non-residents are only taxed in Hungary on their Hungarian-sourced
income and gains.
- Personal tax rates go up to 55%, business and corporation tax is
at a rate of 16%.
- The currency is the Hungarian Forint (HUF)
- The Hungarian tax year runs from January to December. Tax returns
must be filed by 20 April following the year-end.
Rental Income
The personal rate of tax on rental income is a fixed 25% with no deductions
for outgoings. A company would pay only 16% of net income.
Capital Gains
- 25% fixed tax rate for personal gains, but some qualifying investments
are exempt.
- There is a 10% reduction in gains per year for each year of ownership
after five years. Also, gains can be relieved where there is reinvestment
of proceeds within four years.
- The documented costs of acquiring and developing the property my
be deducted against income from the sale e.g. travel, service fees.
Hungary has a long standing double taxation treaty with many countries
making this situation straight forward. Your tax advisor in the UK should
be able to help
- Capital gains of companies are taxable as normal income but with
more generous deductions.
Local Tax
Similar to the UK Council – this is levied on the sq m of the
property and vary according to the municipal authority. Typically £0.40
per sq m. So for a 100 sq m property this amounts to £40 / annum.
Properties designated “Ferien” ( summer or holiday homes
) local rates are double the normal rate.
Wealth Tax
- There is no wealth tax in Hungary apart from the local annual property
tax that can go up to 3%
- This is at a rate of 900 HUF/m or 3% on buildings, and 200 HUF/m or
3% on land.
- There are ceilings to the amount of taxation.
Property Transfer Tax
Building plot and left undeveloped > 4 yrs – 10% tax
Building plot developed within 4 yrs – no tax
Holiday Homes 10% - as a consequence many buyers do not indicate the
property is for use as a holiday home
Everything else - 2% up to 4 million HUF ( around £11,700 ) and
6% anything over that.
The money is only due between 6 and 12 months after the property has
been bought
So assuming you purchase a property at 10 million HUF ( £29,500
) the acquisition tax would amount to
2% at 4 million HUF = 80,000 HUF
6% at 6 million HUF = 360,000 HUF
Total 440,000 HUF = ( £1,300 ) – approx 4.4%
As in many European countries, the price of a property is often understated
in the sales contract.
Inheritance Taxes
The rate of inheritance or succession tax varies from 2.5% to 21%
and is levied on Hungarians who inherit any assets and foreign citizens
inheriting Hungarian assets such as Hungarian real estate.
Specialist advice
We can provide advice with regards to removal companies specialising
in UK-Hungary, Satellite TV, Internet connection, setting up a bank
account, the best places to buy furniture, building work, insurance,
standing orders for utility bills, bringing your UK car across and low
cost money transfers. After sales service is key should you invest in
an overseas property
|