How David and Linda Found Their Dream Retirement Home in Calpe
Expert guidance on retired couple bought property from Tomas Ballestero Lawyers — with over 20 years of experience helping foreign nationals navigate the Spanish legal system from our office in Jávea, Costa Blanca.
David (63) and Linda (61) from Manchester had been dreaming of retiring to the Spanish coast for years. In spring 2025, they found what seemed like the perfect property: a two-bedroom apartment with stunning views of the Peu00f1u00f3n de Ifach in Calpe, listed at u20ac285,000.
They had visited the Costa Blanca several times on holiday and felt confident about the area. But buying property in a foreign country turned out to be very different from buying in the UK. Here is their story u2014 and the lessons they learned.
The Near-Disaster: What the Estate Agent Did Not Mention
David and Linda initially worked only with the estate agent, who offered to handle u201ceverything.u201d They were asked to sign a reservation contract and pay a u20ac5,000 deposit within 48 hours.
Fortunately, a friend who owned property in Ju00e1vea recommended they speak to an independent lawyer first. When our team at Tomas Ballestero Lawyers ran the due diligence checks at the Registro de la Propiedad de Benissa, we discovered three serious problems:
1. An unregistered extension. The property had a converted terrace that added 20mu00b2 to the living space, but it was not declared in the catastro (land registry) or the escritura (title deed). This meant David and Linda would have been buying 75mu00b2 on paper but paying for 95mu00b2 in reality.
2. Outstanding community debts. The seller owed u20ac4,800 in unpaid community fees. Under Spanish law, the new owner inherits the last three years of community debts if they are not settled before completion.
3. Missing licencia de primera ocupaciu00f3n. The building had been constructed in the 1990s but never obtained the full occupation licence. While this is common in older Costa Blanca properties, it can cause problems with insurance and future resale.
The Solution: Negotiation and Protection
Armed with this information, we negotiated on David and Lindau2019s behalf:
The seller agreed to regularise the extension with the town hall before completion, adding it to the catastro and updating the escritura. The seller agreed to pay all outstanding community debts and provide a certificate from the community administrator confirming a zero balance. We obtained written confirmation from the town hall that the building was in a state of u201cfuera de ordenaciu00f3nu201d (out of planning), which while not ideal, provided legal certainty about the propertyu2019s status.
We also negotiated a u20ac12,000 price reduction to account for the issues found, bringing the final price to u20ac273,000.
The Process Step by Step
Week 1-2: NIE application (Nu00famero de Identidad de Extranjero) for both David and Linda. We handled this via power of attorney so they did not need to visit the police station.
Week 2-3: Opening a Spanish bank account at a Calpe branch with English-speaking staff. Setting up direct debits for future IBI (council tax), community fees, and utilities.
Week 3-4: Full due diligence: Nota Simple from Registro de Benissa, catastro check, town hall urban planning check, community fee certificate, energy performance certificate, and verification of the selleru2019s identity and ownership.
Week 4: Signing the contrato de arras (deposit contract) with a 10% deposit (u20ac27,300). This contract included specific clauses protecting David and Linda: if the seller failed to complete the regularisation of the extension, the deposit would be returned in double.
Week 6-8: The seller completed the regularisation. Our team verified everything was in order. Completion date was set at the notary in Calpe.
Completion day: David and Linda flew to Calpe for the signing. The escritura pu00fablica was signed, the remaining balance was paid via bankeru2019s draft, and the keys were handed over. We handled the registration at the Benissa Land Registry and the change of utilities.
Final Costs
Purchase price: u20ac273,000. Transfer tax (ITP 10%): u20ac27,300. Notary fees: u20ac1,200. Land Registry: u20ac900. Legal fees: u20ac3,300 (including due diligence, contract drafting, and post-completion). Total: u20ac305,700.
What David and Linda Wish They Had Known
Never sign anything without a lawyer. The 48-hour pressure to sign a reservation was a red flag. A legitimate seller will always allow time for due diligence.
The estate agent works for the seller. No matter how friendly they are, their commission comes from the seller. You need your own independent legal representative.
Budget 12-15% on top. Many British buyers only budget for the purchase price and are surprised by the additional 12-15% in taxes, fees, and costs.
Check everything twice. The unregistered extension could have cost David and Linda tens of thousands in future problems with the town hall or when trying to resell.
Frequently Asked Questions
Do I need a lawyer to buy property in Spain?
While not legally required, it is absolutely essential. Spanish notaries only verify identity and signatures u2014 they do not perform legal checks on your behalf. An independent lawyer protects your interests.
What are the hidden costs when buying property in Calpe?
Beyond the purchase price, expect to pay approximately 12-15% in additional costs: 10% transfer tax (ITP), 1-2% notary and registry fees, legal fees, and bank setup costs.
How long does it take to buy a property in Spain?
From signing the reservation contract to receiving the keys, typically 4-8 weeks. NIE application and mortgage can extend this.
Thinking of Buying Property in Calpe or the Costa Blanca?
Our office in Ju00e1vea is just 30 minutes from Calpe. We have helped hundreds of British, Dutch, and French families buy property safely on the Costa Blanca. Contact us at +34 607 320 768 for a free initial consultation.
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Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Names and details have been changed to protect client privacy. Every property purchase is unique. We strongly recommend consulting a qualified lawyer. Tomas Ballestero Lawyers accepts no responsibility for actions taken based on this content.
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