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Independent, English-speaking bar-registered solicitors and legal specialists protecting international buyers through every stage of the Spanish property purchase — from first contract to registered title.
Buying property in Spain as a foreign national is not the same as buying in the UK, Ireland, the United States, or any other common-law country. There is no regulated conveyancing system in Spain that forces a qualified lawyer to act on every transaction. The notary — who must be present at completion — is a public official whose job is to authenticate identities and witness signatures. The notary does not investigate the title, does not check for outstanding debts, does not negotiate the contract, and does not owe a duty of care to either party. If you walk into a notary office without having done your own due diligence, you are relying on trust, and trust is not a legal safeguard. Every year, foreign buyers across the Costa del Sol, Costa Blanca, the Balearics, Barcelona and the Canary Islands lose deposits, inherit hidden charges, or complete on properties with illegal building works — simply because nobody was acting exclusively in their interest.
The property agent who found the property is working for the seller. The agent's job is to close the deal and collect a commission. Some agents are professional and transparent; many are not. In either case, the agent has a financial incentive to progress the sale as quickly as possible and to discourage you from asking difficult questions about planning licences, outstanding community debts, or the legal description of what you are actually buying. If the agent recommends a lawyer, that lawyer may well be receiving referral fees from the same agent — which creates a conflict of interest before the first document has been reviewed. In Spain, there is no prohibition on a lawyer acting for both buyer and seller on the same transaction, and it happens more often than most foreign buyers realise. The solution is straightforward: instruct your own independent lawyer, one who receives no commission from any agent, developer, or mortgage broker, and one whose only obligation is to protect you.
At Platinum Legal Spain, our team of bar-registered solicitors and legal specialists acts exclusively for the buyer. We are independent of every agent, developer and financial intermediary in the market. We do not accept referral fees, we do not share offices with estate agencies, and we do not recommend properties. Our sole function is to ensure that the property you want to buy is legally clean, properly described, free of charges, and that the contract protects your deposit and your interests from the moment you sign. Whether you are purchasing a beachfront apartment in Marbella, a finca in the Alpujarras, an off-plan villa on the Costa Cálida, or a city-centre flat in Valencia, the legal risks are fundamentally the same — and so is the protection we provide.
Every item below is included as standard in our property purchase service.
We review or draft every contract — reservation agreements, the contrato de arras, and any addenda — to protect your deposit, fix timelines, and ensure the terms reflect what you have actually agreed with the seller. No contract is signed without our written approval.
Nota simple from the Land Registry, cadastral verification, town hall planning checks, first occupation licence, building licence review, community of owners debt certificate, IBI clearance, utility status, and — for rural properties — AFO regularisation status. Every search is reported to you in plain English.
Your NIE (Numero de Identificación de Extranjero) is mandatory for buying, selling, and owning property in Spain. We obtain it on your behalf via Power of Attorney or guide you through the consulate application in your home country — whichever route is faster.
If you cannot travel to Spain for every stage of the purchase, we arrange a bilingual Power of Attorney (POA) so that our team can sign on your behalf — at the contract stage, at the notary, and for post-completion filings. Many of our clients complete entire purchases without leaving home.
We attend the escritura publica with you or on your behalf, verify the deed, manage the funds flow including banker's cheques, and ensure the property description, price, and parties match what was agreed. Keys are handed over the same day the deed is signed.
After completion, we file the transfer tax (ITP for resale or IVA + AJD for new builds), submit the deed to the Land Registry for inscription, transfer utilities, register you with the community of owners, and deliver the final registered title to you once the process is complete.
The process of buying property in Spain follows a broadly predictable sequence, but the details vary by region, property type, and whether you are buying resale or new-build. Below is a step-by-step guide to what actually happens, what each stage means legally, and where the risks sit.
Once you have found the property you want to buy, the agent will typically ask you to sign a reservation contract and pay a reservation deposit — usually between 3,000 and 6,000 euros. This document is almost always drafted by the agent, not by a lawyer, and it is almost always weighted in the seller's favour. Before you sign anything or pay anything, your lawyer should review the reservation terms and, where necessary, replace the agent's document with a properly drafted version that includes conditions precedent — meaning your deposit is refundable if due diligence reveals a problem.
The contrato de arras penitenciales is the main private purchase contract in Spain. It typically requires a deposit of 10% of the purchase price. Under Spanish law, if the buyer withdraws, the deposit is lost; if the seller withdraws, the seller must return double the deposit. This symmetry sounds fair, but the devil is in the detail. Your lawyer must negotiate the exact wording — particularly around timelines, what fixtures and fittings are included, what happens if the mortgage is refused, and what conditions must be met before completion. An arras contract signed without legal review is the single most common source of disputes between foreign buyers and Spanish sellers.
The nota simple is the core document in Spanish property due diligence. Issued by the Registro de la Propiedad (Land Registry), it confirms the registered owner, the legal description of the property, and any charges, mortgages, embargoes, or rights of way attached to the title. Your lawyer will order a current nota simple before any contract is signed and again immediately before completion to check for any last-minute entries.
But the nota simple is only the starting point. A thorough due diligence also includes: verification of the catastral reference and boundaries via the Cadastre (Catastro), which is the official property map; town hall checks for building licences, first occupation licence (licencia de primera ocupacion), and any open planning infractions; confirmation of the cedula de habitabilidad (certificate of habitability) in regions where it is required; a certificate from the president of the community of owners confirming no outstanding debts; confirmation that IBI (the annual property tax), basura (rubbish tax), and utility bills are paid up to date; and, for rural properties, a check on whether the property has been regularised under the AFO process (asimilado a fuera de ordenacion). If the property has illegal extensions, an unpermitted pool, or buildings constructed without a licence, this is where those problems surface — before you have committed your money, not after.
Completion in Spain takes place in front of a notary. The notary reads the escritura publica (public deed) aloud in Spanish, and your lawyer translates in real time. The funds are exchanged — typically via banker's cheques (cheques bancarios) drawn on a Spanish bank — and the keys are handed over. From this moment, you are the owner, although the sale is not formally registered until the deed is inscribed at the Land Registry, which can take a further four to twelve weeks.
If the seller has an outstanding mortgage, the mortgage must be cancelled at completion. This is handled at the notary, where the seller's bank issues a cancellation certificate and the remaining mortgage balance is deducted from the sale price. Your lawyer must verify that the mortgage cancellation is properly recorded on the deed and that the cancellation certificate is filed at the Land Registry — if this step is missed, the mortgage remains as a charge against the property even though it has been paid off.
Foreign buyers can obtain mortgages in Spain, though the terms are different from those in the UK or US. Spanish banks will typically lend 60-70% of the purchase price to non-residents (compared to 80% for residents), and the loan term is usually capped at 20-25 years. Your lawyer should review the mortgage offer, the binding conditions, the early repayment penalties, and the floor clauses — and should attend the mortgage signing at the notary to ensure the terms are correctly recorded. If you are a non-resident, you will also need a Spanish bank account, a valid NIE, and proof of income in a format acceptable to the Spanish lender.
One of the most common questions we receive from foreign buyers is: how much does it actually cost, on top of the purchase price, to buy a property in Spain? The answer depends on whether you are buying resale or new-build, which autonomous community the property is in, and whether you are resident or non-resident. Below is a detailed breakdown of every cost you should expect.
If you are buying a resale property (segunda mano), the main tax is the Impuesto de Transmisiones Patrimoniales (ITP). This is a regional tax, set by each autonomous community, and it varies significantly across Spain. The current rates are:
ITP must be filed and paid within 30 days of completion. Your lawyer files this on your behalf using the appropriate regional modelo (tax form). Missing the deadline triggers automatic surcharges of 5-20% depending on the delay. The taxable base is the purchase price or the reference value published by the Cadastre, whichever is higher — a relatively recent change introduced in January 2022 that many buyers are not yet aware of.
If you are buying a new-build property directly from a developer, ITP does not apply. Instead, you pay IVA (Impuesto sobre el Valor Anadido) at 10% of the purchase price, plus AJD (Actos Juridicos Documentados) at approximately 1.5% (the exact rate varies by region). This means the total tax burden on a new build in most regions is 11.5% — higher than resale ITP in many communities. For off-plan purchases, the IVA is payable on each staged payment to the developer, and your lawyer should verify that the developer is correctly invoicing each payment with IVA included.
The plusvalia municipal is a local tax levied by the town hall on the increase in land value since the property was last sold. Historically, this was always the seller's liability, but the Supreme Court invalidated the old calculation method in 2021, and the revised formula introduced in late 2021 means that the tax is now based on the real gain in land value. In practice, the seller still pays the plusvalia in most transactions — but your lawyer must verify this is written into the contract. If the contract is silent on the point, the buyer can end up paying a tax that should have been the seller's.
Notary fees in Spain are set by a national tariff and are based on the purchase price. For a typical property purchase in the 200,000-400,000 euro range, expect notary fees of approximately 600-1,000 euros. Land Registry inscription fees are similarly tariffed and typically run to 400-700 euros. These are not negotiable — they are fixed by law.
Our legal fees are quoted in writing before you commit, as a clear fee with no hidden extras. The fee covers the entire purchase process from instruction to registered title, including NIE application, contract review, due diligence, completion attendance, tax filing, and Land Registry submission. Third-party costs (notary, registry, tax, bank charges) are quoted separately and paid directly to the relevant institutions — we never mark them up. For a full breakdown of what to budget, see our dedicated cost of buying property in Spain page.
It is worth repeating: the property agent works for the seller, not for you. Even when an agent appears helpful, friendly, and knowledgeable, their legal duty is to the person paying their commission — which is the seller. An agent who recommends a specific lawyer may be receiving a referral fee from that lawyer, which creates a financial conflict of interest. In some cases, the same lawyer acts for both the buyer and the seller — perfectly legal in Spain, but a situation no independent legal adviser would ever recommend. When you instruct Platinum Legal Spain, we confirm in writing that we receive no referral fees from any agent, developer, or financial intermediary. Our only client is you.
If you are buying property in Spain as a non-resident — meaning you are not tax resident in Spain and do not hold a Spanish residency permit — there are several additional legal and tax considerations that your lawyer must handle:
We advise all non-resident buyers on these obligations at the point of purchase, so there are no surprises down the line. For ongoing annual tax filing, we can refer you to a regulated tax adviser or gestor who specialises in non-resident property taxation.
If you are buying an apartment, townhouse, or any property within a development, you will automatically become a member of the community of owners (comunidad de propietarios). The community charges cover maintenance of common areas, lifts, pools, gardens, and building insurance. Before completion, your lawyer should obtain a certificate from the community administrator confirming that the seller is up to date with all community payments — because under Spanish law, outstanding community debts transfer to the new owner for the current year and the year preceding the sale. We review the community statutes, the most recent annual accounts, and any extraordinary levies that have been approved by the general meeting.
If you intend to rent your Spanish property to holidaymakers, you will almost certainly need a tourist licence (licencia turistica). The regulations governing tourist licences vary dramatically by region and, in many cases, by municipality. In parts of the Balearic Islands and Barcelona, new tourist licences are effectively impossible to obtain. In Andalusia, the rules are more permissive but require registration with the Junta. On the Costa Blanca, the Valencian Community has introduced progressively stricter requirements including minimum distances between licensed properties. If rental income is part of your purchase rationale, your lawyer must verify — before you exchange contracts — whether a tourist licence is obtainable for the specific property you are buying. Buying a property on the assumption you can rent it, only to discover the licence is unavailable, is one of the most expensive mistakes a foreign buyer can make.
A straightforward resale purchase typically takes 6-12 weeks from accepted offer to completion, provided the seller's documentation is in order. If the seller needs to regularise building works, cancel an existing mortgage, or resolve a community debt, the timeline extends accordingly. New-build purchases from developers depend entirely on the construction timeline — from 3 months for a completed but unsold unit to 18-24 months for an off-plan property. Post-completion, Land Registry inscription takes a further 4-12 weeks. We manage the entire timeline and provide weekly written updates so you always know where you stand.
Our bar-registered solicitors and legal specialists act for international buyers across every region of Spain. Clear pricing quoted upfront, plain English, and total independence from agents and developers.
The lawyer you pay should work exclusively for you — not for the agent, the developer, or the seller.
We do not receive, share, or pay referral fees on any property transaction. The only fee we collect is the one we quote you in writing before you instruct us. This eliminates the conflict of interest that compromises most agency-recommended lawyers.
All correspondence, search results, contract drafts, tax filings, and registered deeds belong to you. If you change lawyer at any point, your complete file transfers with you — no hostage-taking of your own legal documents, no handover fees, no delays.
We quote a single fixed legal fee before you commit. Third-party costs — notary, registry, tax — are itemised separately and paid directly. No hourly rates, no day-rates, no open clocks. You know the total cost before you sign the engagement letter.
You work with a named lead lawyer who knows your file. Email, phone, WhatsApp, and video call — we respond within one working day. You are never passed to a call centre, a receptionist, or a rotating case handler who has to read the file from scratch.
We act on property purchases in every region of Spain — Costa del Sol, Costa Blanca, Costa Cálida, Balearics, Canary Islands, Barcelona, Madrid, and every province in between. The legal framework is national, and we work with local notaries and registries wherever your property is located.
With a bilingual Power of Attorney, we can handle the entire purchase without you travelling to Spain — NIE, contracts, notary signing, tax filing, and registry inscription. Dozens of our clients complete purchases each year from the UK, US, Ireland, and Northern Europe without stepping on a plane.
Every one of these is avoidable with independent legal advice obtained before you sign or pay anything.
Agents routinely present a one-page reservation contract with a non-refundable deposit and no legal conditions. Once signed, your deposit is at risk if due diligence reveals a problem. Never sign any contract or pay any deposit without your own lawyer reviewing the document first.
Sellers and agents often push for a fast completion. Buyers who skip the nota simple, the town hall check, or the community debt certificate risk inheriting mortgages, embargoes, illegal building works, or tens of thousands in unpaid community fees. Thorough due diligence takes 5-10 working days — not conducting it can cost you the property.
Deposits paid directly into a seller's personal bank account, or handed over as cash, are extremely difficult to recover if the sale falls through. Funds should only move through a regulated client account held by your lawyer, with clear contractual conditions governing when and how the deposit is released.
When buying from a non-resident seller, Spanish law requires the buyer to withhold 3% of the purchase price and pay it to Hacienda via Modelo 211. If the buyer fails to do this, the buyer becomes personally liable for the seller's capital gains tax — a liability that can run to tens of thousands of euros.
Many foreign buyers purchase with the intention of renting to tourists, only to discover that their region or municipality does not issue tourist licences for their property type — or that the community of owners has voted to prohibit short-term rental. Always verify tourist licence eligibility before you commit to the purchase.
Developers often offer a discounted or free legal service to handle the buyer's side of the transaction. This lawyer is paid by the developer. Their incentive is to close the sale smoothly for the developer, not to protect your interests. Off-plan purchases carry specific risks — bank guarantees, build specifications, snagging — that only an independent lawyer can properly review on your behalf.
We act for buyers of all nationalities, budgets, and property types across Spain.
Post-Brexit buyers from the UK and Ireland face additional complexity — 90-day stay limits, non-EU residency visa requirements, and changes to healthcare and driving licence recognition. We handle the property purchase and advise on the visa and residency pathway that matches your circumstances.
North American buyers purchasing holiday homes, rental investments, or retirement properties on the Costa del Sol, Costa Blanca, or in the Balearics. We manage the NIE, the purchase, the non-resident tax obligations, and the annual Modelo 210 filing requirements from day one.
Clients who want to complete the entire purchase remotely without flying to Spain. We set up the Power of Attorney at the nearest Spanish consulate, handle every step via POA, and deliver the registered title digitally. We complete dozens of remote purchases every year.
Retirees buying their primary residence in Spain — often combining the property purchase with a Non-Lucrative Visa or residency application. We coordinate the property timeline with the visa timeline so neither process delays the other.
Buyers purchasing off-plan from developers on the Costa del Sol, Costa Cálida, or Costa Blanca. We review the developer's track record, verify the bank guarantees protecting staged payments, check the building licence and first occupation licence, and ensure the specification matches what was promised.
Younger buyers moving to Spain under the Digital Nomad Visa who want to purchase rather than rent. We handle the conveyancing alongside the visa process and advise on tax residency, Beckham Law eligibility, and the practical implications of property ownership for non-EU nationals with a temporary residency permit.
No. There is no legal requirement in Spain to use a lawyer when purchasing property. The notary authenticates identities and witnesses the signing of the deed, but the notary does not investigate the title, check for debts, negotiate the contract, or file your taxes. Without an independent lawyer, you have no one conducting due diligence on your behalf. Every experienced buyer in Spain uses an independent property lawyer — the risk of proceeding without one is simply too high.
As a rough guide, budget 10-15% on top of the purchase price for all taxes, fees, and costs. This includes ITP (6-10% for resale depending on the region) or IVA + AJD (approximately 11.5% for new builds), notary fees (600-1,000 euros), Land Registry fees (400-700 euros), legal fees (fixed, quoted in advance), and miscellaneous charges such as mortgage arrangement fees if applicable. For a detailed region-by-region breakdown, see our cost of buying property in Spain guide.
The contrato de arras penitenciales is the binding private purchase contract used in Spain. You typically pay a deposit of 10% of the purchase price. If you, as the buyer, withdraw from the purchase, you lose the deposit. If the seller withdraws, the seller must return double the deposit. Your lawyer should negotiate the arras terms carefully — including conditions precedent that allow you to withdraw with your deposit returned if due diligence reveals a legal problem with the property. Read more on our arras contracts in Spain page.
No. An NIE (Numero de Identificacion de Extranjero) is mandatory for buying, selling, mortgaging, or owning property in Spain. It is also required to open a Spanish bank account, connect utilities, and file taxes. We obtain your NIE as part of our property purchase service, either via Power of Attorney in Spain or through the Spanish consulate in your home country — whichever route fits your timeline.
Yes. With a bilingual Power of Attorney (POA), our team can handle every step on your behalf — obtaining your NIE, signing contracts, attending the notary, filing taxes, and registering the property at the Land Registry. The POA can be signed at the nearest Spanish consulate in your home country. We complete dozens of fully remote purchases every year for clients based in the UK, US, Ireland, and Northern Europe.
The nota simple is a document issued by the Land Registry that confirms the registered owner of a property, its legal description, and any charges, mortgages, embargoes, or rights of way attached to the title. It is the single most important document in Spanish property due diligence. Your lawyer should order a current nota simple before any contract is signed and again immediately before completion to check for any entries that may have been registered after the first search. If the nota simple reveals a problem — an outstanding mortgage, an embargo from a creditor, or a discrepancy in the property description — your lawyer should advise you to pause or withdraw before any money changes hands.
ITP (Impuesto de Transmisiones Patrimoniales) is the transfer tax paid on resale property purchases. The rate varies by region — from 6% in Madrid to 10% in Valencia and Catalonia. IVA (Impuesto sobre el Valor Anadido) is the equivalent of VAT and applies to new-build properties purchased directly from a developer, at a rate of 10%. New builds also attract AJD (Actos Juridicos Documentados) at approximately 1.5%. You pay either ITP or IVA + AJD, never both on the same purchase.
A straightforward resale purchase typically completes in 6-12 weeks from accepted offer, provided the seller's documentation is in order. New-build and off-plan purchases depend on the developer's construction timeline and can take anywhere from 3 months to 24 months. Post-completion, Land Registry inscription takes a further 4-12 weeks. We manage the entire timeline and provide regular written updates so you always know the current status and expected completion date.
When the seller is non-resident in Spain, Spanish tax law requires the buyer to withhold 3% of the purchase price and pay it directly to Hacienda (the Spanish tax authority) via Modelo 211 within 30 days of completion. This is a payment on account of the seller's capital gains tax obligation. If the buyer fails to make this retention and filing, the buyer becomes personally liable for the seller's tax debt. We handle the full 3% retention, filing, and payment as a standard part of our conveyancing service.
Yes. Spanish banks offer mortgages to non-residents, though the terms differ from resident mortgages. Non-residents can typically borrow 60-70% of the purchase price (compared to 80% for residents), with loan terms of 20-25 years. You will need a valid NIE, a Spanish bank account, proof of income acceptable to the Spanish lender, and a property valuation carried out by the bank's approved surveyor. Your lawyer should review the mortgage offer, the binding conditions, and the early repayment clauses before you sign.
Non-resident property owners in Spain must file an annual Modelo 210 tax return — even if the property is not rented out. If the property is empty, you are taxed on an imputed rental income (typically 1.1-2% of the catastral value, taxed at 19% for EU/EEA residents or 24% for non-EU residents). If the property is rented, you must declare the rental income. Non-residents may also be liable for wealth tax if the property value exceeds the regional threshold. When you eventually sell the property, capital gains tax of 19% applies to the profit, and the buyer will retain 3% of the sale price on your behalf.
Yes. We act on property purchases in every autonomous community in Spain — including Andalusia (Costa del Sol, Marbella, Malaga), Valencia (Costa Blanca, Alicante, Torrevieja), Murcia (Costa Calida, Mazarron, Los Alcazares), Catalonia (Barcelona, Costa Brava), the Balearic Islands (Mallorca, Ibiza, Menorca), the Canary Islands (Tenerife, Lanzarote, Gran Canaria), Madrid, and every other province. Spanish property law is national, and we work with local notaries and registries wherever your property is located.
Clear fees, independent of agents and developers, bilingual throughout. Contact us today and we will issue a written quote the same day — no commitment, no obligation.
The information on this page is general guidance only and does not constitute legal, tax, or financial advice. Spanish property and tax law varies by region and individual circumstances. Transfer tax rates, thresholds, and filing deadlines are subject to change by the relevant autonomous community. Always obtain advice from a qualified professional before acting. Platinum Legal Spain is an independent English-speaking legal practice serving international clients across Spain.
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