Conveyancing in Spain: What UK Citizens Should Know Before Buying a property in Spain?
Spain remains one of the top destinations for British citizens buying a second home, retiring abroad, or relocating to the sun. But Spanish property law is very different from the UK—and conveyancing is not handled by solicitors, but by a combination of notaries, registrars, and independent lawyers.
At Tomas Ballestero Lawyers, we’ve helped hundreds of British clients buy safely in Jávea, Valencia, Costa Blanca and beyond. We specialise in guiding you through the Spanish conveyancing process, ensuring legal clarity, tax efficiency, and full protection throughout.
Why Legal Support Is Essential for buying a property in Spain?
Unlike in the UK, estate agents in Spain are not regulated and are under no legal obligation to verify property documentation. As a result, buyers must rely on an independent lawyer (not provided by the estate agent) to conduct all due diligence. This is where our team becomes your most trusted asset.
Step-by-Step Conveyancing Process to buy a property in Spain:
- Reservation Contract – Once you’ve found a property, you’ll typically sign a private reservation agreement with the seller (through the agent), along with a small deposit (usually €3,000–€6,000). This removes the property from the market temporarily.
- Legal Due Diligence – Our lawyers verify ownership, land registry entries, building licenses, debts (mortgages, community fees, taxes), and urban planning compliance. We provide a detailed legal report in English.
- NIE Number & Bank Account – A Spanish tax number (NIE) is mandatory. We handle the application and can open a Spanish bank account for you if needed.
- Private Purchase Contract – After completing due diligence, we draft or review a full private contract, including detailed conditions, timeframes, and penalties.
- Power of Attorney (optional) – Many of our British clients cannot travel to Spain for every step. With a POA, we can represent you, sign contracts, pay taxes, and collect keys on your behalf.
- Notary Deed Signing (Escritura Pública) – On completion day, both parties (or their legal representatives) sign the deed at the notary. Funds are exchanged via bank cheque, and the keys are handed over.
- Post-Signing: Taxes & Registration – We submit the deed to the Land Registry, declare and pay the ITP or VAT, and handle utility and community name transfers.
Main Costs to Consider:
– Transfer Tax (ITP): 10% in most regions (resales)
– VAT + AJD: 10% + ~1.5% (new builds)
– Notary and Land Registry fees: ~1–2%
Additional Considerations:
– Spanish inheritance laws apply if you don’t draft a local will.
– You may need to declare your Spanish asset in the UK for tax purposes.
– British citizens must be especially careful post-Brexit, as residency rules have changed.
