Property Legal Services · Spain

Buying & Selling Property in Spain

Independent, English-speaking legal protection for foreign buyers and sellers — from reservation contract to notary deed, and every step between. Clear fees. Remote-friendly. Joined up with our tax and inheritance teams.

★★★★★ 5.0 on Google ⚖ Bar-Registered Solicitors 🌐 English-Speaking Team 💻 Remote-First Service
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English-speaking team
How Our Fees Work

Clear Numbers — Before Anything Starts

Property legal fees in Spain should be clear long before anyone signs anything. Ours are. We quote in writing, we quote before we start, and the number you're given is the number you pay.

Principle 01

Clear Pricing First

Almost every instruction we take on is scoped as a single quoted fee — not an open-ended hourly retainer. You know what you are paying from day one.

Principle 02

Written Quote Before Work Begins

Once we understand your property and your situation, we issue a written engagement letter with the scope, the fee, and what is (and isn't) included.

Principle 03

No Surprises at Completion

If the work expands — a second title issue, an AFO problem, an unexpected tax filing — we tell you, quote the additional scope, and you decide before we continue.

Principle 04

Third-Party Costs Separate

Notary, land registry, gestoría and tax payments are always itemised separately — they are paid to third parties, not to us, and we show every euro.

Every engagement starts with a tailored written quote. Share your property and situation and we'll come back with the scope and fee before anything begins — request your quote.

The Most Important Decision

Why Independent Legal Representation Matters

When you buy or sell property in Spain, your lawyer should be working exclusively for you — not for the estate agent, not for the developer, not for the bank. That single decision protects more buyers from loss than any other factor in the transaction.

Spain has a well-established property market, clear transaction rules, and a long history of serving foreign buyers. It also has a reality every serious property lawyer will tell you: the party who introduces you to the property — the estate agent, the developer, the marketing company — is paid only when the deal completes. Their incentive is speed. Your incentive is protection. When those incentives clash, the lawyer caught in the middle cannot fully serve both sides.

At Platinum Legal Spain, we act solely for you. We have no commercial relationship with the seller or the developer. We have no referral arrangement that changes what we recommend. We examine the property, the contract, the title, the debts, the licences, and the tax position, and we tell you exactly what we find — even when that advice is to walk away.

For sellers, the same independence matters. A seller facing a buyer's lawyer without their own legal representation is exposed on contract terms, tax retention, completion timing and post-sale obligations that can continue for years.

Read more on why you need an independent lawyer when buying in Spain and why not to use the developer's lawyer.

For Buyers

What We Do for Property Buyers

Our buyer service is designed for foreign clients purchasing in Spain for the first time, returning buyers expanding a portfolio, and anyone purchasing remotely under Power of Attorney. The scope is comprehensive and quoted upfront.

01

Legal Due Diligence

Full title search via Nota Simple, verification of ownership, checks for mortgages, charges, embargoes, unpaid community fees, IBI arrears, and planning status.

Due diligence
02

Contract Review & Negotiation

Review of reservation contract, negotiation of the arras contract, and preparation of the private purchase contract. We protect your deposit at every step.

Arras explained
03

NIE, Bank & Power of Attorney

We arrange your Número de Identidad de Extranjero, support with opening a Spanish bank account, and prepare PoA so you can complete without travelling.

NIE for buyers
04

Off-Plan & New Build Protection

Verification of the aval bancario under Law 57/1968 and Law 20/2015, stage-payment review, developer licence checks, and delivery protection.

Off-plan
05

Notary Completion

Coordination with the notary, attendance on the day, review of the final escritura pública, and authorised signing on your behalf under PoA if needed.

Notary deed
06

Post-Completion Registration

Land registry filing, utilities transfer, direct debit setup, IBI registration, and non-resident tax setup (Modelo 210) where applicable.

After buying
07

Mortgage & Funds Support

If a Spanish mortgage is involved, we review the bank's offer and the loan deed independently — interest clauses, early-redemption terms, linked-product pressure, and true all-in cost.

Mortgage review
08

Community & Handover

Registration with the community of owners, meter reads and utility changeovers, and a clear handover pack so you know exactly what you own, what you owe, and who to call.

Handover
For Sellers

Selling a Property in Spain

Most sellers we act for are non-residents. Most are selling a home they've owned for years. And most discover, only when an offer comes in, that selling in Spain is not a simple cash-in — it is a tax event, a bank event, and a bureaucratic event all at once.

A Spanish sale looks deceptively similar to a UK, Irish or American one until you reach the detail. The buyer will withhold 3% of the sale price at the notary and send it straight to the tax office if you are a non-resident. The town hall will send a plusvalía bill within weeks. Your mortgage, if you still have one, needs a cancellation certificate from the bank and a formal deed at the land registry — not just a final payment. And the capital gain on which you are taxed is calculated in a very specific way, with deductions sellers routinely lose because nobody asked for the invoices in time.

Our job is to take that whole process and make it run quietly in the background while you decide what to do next. We review the offer and the private sale contract before you sign. We coordinate the mortgage cancellation directly with your bank. We model your capital gains position early — including every deduction you are entitled to claim — and file the Modelo 210 return that reclaims the retained 3% where your real liability is lower. We assess plusvalía using whichever of the two permitted methods produces the lower bill. And when you're not in Spain, we attend the notary on your behalf under Power of Attorney and send you the signed deed and the sale proceeds without you boarding a flight.

01

Contract Review & Negotiation

We read the offer, the reservation and the private sale contract carefully — price, deadlines, what happens if the buyer's finance falls through, and what you're still on the hook for after completion.

Seller service
02

Mortgage Cancellation

We obtain the bank's cancellation certificate, coordinate timing with the notary, and make sure the charge is actually lifted from the land registry — not simply paid off.

How it works
03

The 3% Non-Resident Retention

Modelo 211 at completion, Modelo 210 afterwards — and a reclaim of the difference where your real CGT liability is lower than the retained 3%.

3% retention
04

Capital Gains Tax — Modelled Early

Purchase costs, capital improvements, legal fees, documented reforms — we pull the full deductible history together before you sign, not after, so the number is as low as the law allows.

CGT on property
05

Plusvalía Municipal

We calculate both methods, file under whichever is lower, and — where appropriate — challenge a plusvalía bill that does not reflect a real gain.

Plusvalía
06

Selling Without Flying Out

Signed Power of Attorney, our team at the notary on the day, funds routed to you and the deed couriered through. Many of our sellers never set foot in Spain during the sale.

Power of Attorney
Our Approach

How the Legal Process Actually Runs

Every property transaction is different, but the underlying legal framework follows a recognised path. Here is what that path looks like with Platinum Legal Spain representing you.

1

Instruction & Quote

Share the property details and your situation. We confirm scope and issue a quote in writing before work begins.

2

Initial Due Diligence

We pull the Nota Simple, check for debts and charges, verify ownership and planning, and flag any issues before you commit.

3

Contract Review

Reservation contract, then arras, then the private purchase or sale contract. Every clause is reviewed, negotiated and explained.

4

NIE, Bank & Funds

NIE applications, Spanish bank account setup where needed, PoA if remote, and confirmation of clean fund transfers.

5

Completion at Notary

We attend the notary, review the deed, confirm payment flows, and sign on your behalf if you are remote.

6

Registration & Taxes

Land registry filing, transfer tax (ITP or VAT + AJD), plusvalía filing where due, and post-completion tax setup.

7

Utilities & Admin

Supply changeovers, direct debits, community registration, and for non-residents, Modelo 210 annual filings.

8

Ongoing Support

We stay available after completion — for inheritance planning, renewal of residency through property, or a future sale.

The Wider Property Work

Everything Else on the Property Side

Buying and selling is where most clients find us. It is rarely where the relationship ends. A standard resale today can become an inheritance file in ten years, a disputed boundary in fifteen, or a remortgage question next week. The wider work our property team does — all English-speaking, all joined up with our tax and inheritance teams, and all routinely handled for clients who live outside Spain.

Resale Conveyancing

The classic second-hand purchase or sale — villa, apartment, townhouse. Regional variation in tax is handled properly, not assumed.

Conveyancing

Off-Plan & New Build

Stage-payment oversight, aval bancario under Law 57/1968, developer licence checks, handover walkthrough, penalty clauses when delivery slips.

Off-plan

Buying Land

Urban plots, rustic land, build-ready parcels, and the reality check on whether what you want to build is legally possible before you buy.

Buying land

Spanish Mortgages

Independent review of the offer and the loan deed — interest clauses, linked products, early-redemption terms, and the true all-in cost.

Mortgage review

Power of Attorney

The cleanest way to buy or sell in Spain without boarding a flight. Drafted properly, witnessed properly, and scope-limited to the transaction.

Power of Attorney

Inherited Property

A Spanish property you didn't expect to own, a six-month tax clock, a deed that needs updating before you can sell. We run the whole file.

Inherited property

Disputes & Problems

Boundary issues, community disputes, registry errors and title defects. Resolution first, litigation only if it is the right call.

Disputes

Legalising Irregular Builds

AFO (Asimilado a Fuera de Ordenación), unlicensed extensions, pools without permits, missing cédula de habitabilidad — fixed so you can sell cleanly.

Legalisation

Tenant-Side Legal Help

For expats renting rather than buying — contract review before you sign, verification the landlord actually owns the property, and help when something goes wrong.

Tenant services
Why Foreign Clients Choose Us

What Makes Platinum Legal Spain Different

Our team works exclusively with international clients. That single focus shapes how we operate — from how we quote to how we communicate, and who we have on call when a deal needs to complete quickly.

🛡️

Independent

We act solely for you — never for the seller, agent, developer or bank. No referral arrangements that change what we recommend.

🌐

English-Speaking

Every client-facing lawyer communicates fluently in English. Plain language, no legalese, no translation delays.

💼

Clear Fees

Transparent quotes in writing before work starts. No hourly billing for standard work, no surprise invoices at completion.

💻

Remote-Friendly

Email, WhatsApp, video call, electronic signatures. Complete without travelling via Power of Attorney.

🔗

Joined-Up Team

Property, tax, inheritance, immigration and corporate teams under one roof — so nothing falls between the cracks.

📍

Three Regional Offices

Murcia, Torrevieja (Costa Blanca) and Valencia — with Spain-wide coverage for remote transactions.

Where We Work

Property Legal Support Across Spain

Our offices are in Murcia, Torrevieja and Valencia, and we regularly handle transactions in every major expat region of Spain. Remote completion is available wherever the property is located.

Costa Blanca
Costa Cálida
Costa del Sol
Valencia Region
Murcia Region
Madrid
Barcelona
Balearic Islands
Canary Islands
Costa de Almería
Common Questions

Property Legal FAQs

The questions we're asked most often by foreign buyers and sellers. If your question is not here, speak to our team — we answer every enquiry personally.

Do I need a lawyer to buy property in Spain?

You are not legally required to instruct a lawyer, but it's strongly advised. An independent solicitor protects your deposit, verifies the property has no debts or planning issues, reviews every contract, and ensures the title transfers cleanly at the notary. Using the estate agent's lawyer or the developer's lawyer introduces a conflict of interest — they don't work for you.

How much does it cost to buy property in Spain?

Purchase costs for foreign buyers typically run 10–14% on top of the property price. This includes ITP transfer tax (6–10% depending on region) or VAT + AJD on new builds (10% + 1.2–1.5%), notary fees, land registry fees, and independent legal fees. We quote our legal fees upfront. See our full guide to costs of buying property in Spain.

Can I buy property in Spain without travelling?

Yes. With a Power of Attorney granted to our team, you can complete a property purchase in Spain without being physically present. We attend the notary on your behalf, sign the deed, and register the property in your name. A significant share of our clients buy this way. See buying property in Spain without visiting.

What is the 3% retention when selling as a non-resident?

When a non-resident sells property in Spain, the buyer is legally required to withhold 3% of the sale price and pay it directly to the Spanish tax authority as an advance against the seller's capital gains tax liability. If your actual CGT liability is lower, you can reclaim the difference. We handle the filings on your behalf. See the 3% retention explained.

What is plusvalía municipal?

Plusvalía is a local council tax charged on the increase in the value of the land when property changes hands. It's usually paid by the seller, but can be contractually passed to the buyer in some cases. The amount depends on the cadastral land value and how long the seller has owned the property. See plusvalía explained.

How long does it take to buy property in Spain?

From signed reservation contract to completion at the notary, a standard resale purchase typically takes 6–10 weeks. Off-plan purchases run from reservation to final delivery over 12–24 months depending on the build. Timelines can extend where NIE applications, mortgage approval, or due-diligence issues are involved. See our full timeline guide.

Should I use the estate agent's lawyer?

No. The estate agent is paid by the seller and their recommended lawyer may not be fully independent. An independent solicitor owes their duty exclusively to you — protecting your deposit, verifying title, checking for debts, and negotiating the contract on your behalf. See why independent matters.

What checks should be done before buying?

Full legal due diligence should cover: current ownership via the Nota Simple, outstanding mortgage or charges, unpaid community fees, urban planning status and licences, cadastral match, outstanding IBI and utility debts, and for rural property any AFO or legalisation issues. We complete this checklist on every instruction. See property due diligence.

What is NIE and do I need one to buy property?

The NIE is the Spanish tax identification number issued to foreigners. You must have an NIE to buy property, open a Spanish bank account, and complete at the notary. We arrange your NIE as part of the purchase service or under Power of Attorney if you are buying remotely. See NIE for property buyers.

Do I need to be resident in Spain to buy property?

No. Non-residents are fully entitled to buy property in Spain. However, non-residents face different tax treatment — a flat 19% or 24% rate on Spanish-source income depending on nationality, the annual Modelo 210 filing obligation for second homes, and the 3% retention when selling. We advise on both positions before you buy. See resident vs non-resident.

Ready to Move Forward?

Let's Make Your Spanish Property Simple

Share your situation — buying, selling, or already mid-transaction — and we will come back to you with timescales, the legal scope, and a quote. Every enquiry is reviewed by a qualified member of our team.

Legal disclaimer. The information on this page is provided for general guidance only and does not constitute legal, tax or financial advice. Spanish property law, tax rates, regional transfer tax (ITP), VAT rates, AJD stamp duty, plusvalía municipal, the non-resident 3% retention under Modelo 211, and the annual Modelo 210 non-resident tax regime are subject to legislative and regional variation and may change. The figures, percentages, timelines and costs referenced are indicative examples based on the law as understood at the date of publication and should not be relied upon without tailored advice.

Every property transaction is specific to its facts, location and the circumstances of the client. No legal or tax outcome is guaranteed. You should obtain formal written advice from a qualified Spanish lawyer before acting. Platinum Legal Spain accepts no liability for any action taken, or not taken, in reliance on the contents of this page. A client relationship is established only on receipt of a signed engagement letter.

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Get tailored legal advice from our English-speaking team in Spain. We respond within 24 business hours.