How It Differs from Home

The Spanish buying process shares the same goal as the UK or Irish one — getting you safely and legally into ownership — but the mechanics differ in ways that matter. There's no "exchange of contracts" and "completion" as separate British-style stages; instead, a binding deposit contract commits the parties, and the sale completes when the deed is signed before a notary. The notary is a neutral public official, not your representative, so the protective legal work is done by your own lawyer, not by the system automatically.

Crucially, debts and charges attach to the property, not just the person, so unpaid mortgages, community fees or taxes can become the new owner's problem if not caught. And several practical steps — getting an NIE, the due-diligence checks, the tax payments at completion — have no neat home-country equivalent. None of this makes Spain risky to buy in; it just means following the right process with the right help, rather than assuming it works like home.

The Legal Steps, in Order

The typical sequence for an expat purchase:

Throughout, your lawyer also handles things like setting up the utilities changeover and advising on tax. The order matters: the due diligence happens before you're committed by the deposit contract, which is why instructing a lawyer early — before you pay any reservation — is so important. We run this whole sequence as conveyancing.

The Deposit Contract (Arras)

The contrato de arras is the private purchase contract where the deal is committed and the deposit (commonly around 10%) is paid. The most common form is arras penitenciales, which sets clear consequences if either party backs out: if the buyer pulls out, they typically lose the deposit; if the seller pulls out, they typically must repay double the deposit. This makes the contract far more binding than buyers used to the UK's "nothing's certain until exchange" culture expect.

Because it's binding and your deposit is at stake, the arras contract must be drafted or reviewed carefully — getting the terms, conditions, timeline and any get-outs right, and making sure the due diligence has been done (or appropriate conditions included) before you sign. Signing an arras contract on a property with an undiscovered problem can mean losing your deposit or being committed to a flawed purchase. This is one of the points where having your own lawyer most clearly protects you. We draft and review the arras contract to safeguard your position and deposit.

The Notary & Completion

Completion happens at the notary (notario), where the title deed (escritura pública de compraventa) is signed by buyer and seller (or their representatives under a power of attorney), the balance of the price is paid, and the keys are handed over. The notary authenticates the deed and confirms the signing is legally valid, but — importantly — the notary acts for neither party and does not do your due diligence; that protection comes from your lawyer, who attends and oversees the completion on your behalf.

At completion your lawyer ensures the money is paid correctly (by traceable means — see our cash rules post), the deed reflects what was agreed, and everything needed for the tax payments and registration is in order. Because the notary stage is the moment of legal transfer, it's the culmination of the process rather than where checks begin — by then the due diligence should be complete. Many expats complete remotely via power of attorney, with their lawyer signing for them. We manage the notary completion as part of the purchase.

Taxes & Costs to Budget

Beyond the purchase price, budget for the taxes and costs of buying — commonly around 10–15% on top, depending on the region and whether it's a resale or new build:

The biggest item is the purchase tax (ITP on resales or IVA+AJD on new builds), which varies by autonomous community. The taxes have payment deadlines after completion, and your lawyer handles paying them and registering the property. Budgeting the full 10–15% from the outset avoids a nasty surprise — many first-time buyers focus only on the price. We give a clear breakdown of the taxes and costs for your specific purchase.

The Main Risks

The risks the legal process is designed to catch — and that catch out unrepresented buyers — are:

• Inherited debts/charges — unpaid mortgage, community fees, IBI or embargoes that attach to the property and pass to you.
• Illegal builds — properties built without proper licences (common in rural areas), which may be unlegalisable.
• Title/description mismatches — differences between what's registered, what's built and what's being sold.
• An unprotected deposit — losing your arras deposit through a poorly handled contract or undiscovered problem.
• Tax surprises — unbudgeted purchase taxes or post-completion liabilities.

Every one of these is addressed by the proper process: independent legal due diligence before you commit, a carefully drafted deposit contract, and correct handling of completion, taxes and registration. This is precisely why you use your own lawyer rather than relying on the notary or agent. Done properly, buying in Spain is safe and straightforward — the risks come from skipping the steps, not from the process itself. We protect buyers against all of these.

How We Help

We act as your independent lawyer for the whole conveyancing process: obtaining your NIE, running the due diligence (title, debts, planning, licences), drafting and reviewing the arras contract to protect your deposit, overseeing the notary completion (including remotely under a power of attorney), paying the purchase taxes and registering the property in your name — for both resale and new-build purchases. In English, on a clear quote, with a full breakdown of taxes and costs. Book a consultation before you sign or pay anything.

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