Buying a plot of land in Spain is an exciting opportunity — whether you’re planning to build your dream home on the Costa Blanca or making a long-term investment. However, purchasing land in Spain involves a complex legal process that differs significantly from buying in the UK, France, or the Netherlands. Without proper legal guidance, foreign buyers risk costly mistakes.
Key Legal Checks Before Buying a Plot in Spain
Before signing any contract, your lawyer must verify several critical aspects of the land you intend to purchase:
- Urban classification (clasificación urbanística) — Is the land classified as urban (urbano), developable (urbanizable), or rural (rústico)? This determines what you can build. Many foreign buyers discover too late that their “bargain” plot is rural land where construction is severely restricted or impossible.
- Land Registry check (Registro de la Propiedad) — Confirm the seller is the legitimate owner, verify exact boundaries, and check for any charges, mortgages, or encumbrances on the property.
- Town planning regulations (PGOU) — Each municipality has its own General Urban Development Plan. Your lawyer must check building permissions, maximum height, plot coverage ratios, setback distances, and whether any planned infrastructure (roads, green zones) affects the plot.
- Catastro verification — The Catastro (cadastral office) records must match the Land Registry. Discrepancies between the two are common in Spain and must be resolved before purchase.
- Services and access — Verify that the plot has legal access to a public road and connections to water, electricity, and sewage. In rural areas, these services may not be available, significantly increasing your building costs.
- Environmental and heritage restrictions — Check whether the land falls within a protected natural area, flood zone, coastal protection zone (Ley de Costas), or archaeological site. These restrictions can make construction impossible.
- Building licence feasibility — Before purchasing, confirm with the local town hall (Ayuntamiento) that a building licence (licencia de obra mayor) can realistically be obtained for your intended project.
Taxes and Costs When Buying Land in Spain
Budget for the following costs on top of the purchase price: Transfer Tax (ITP) at 10% in the Valencia region for resale land, or VAT (IVA) at 21% plus Stamp Duty (AJD) at 1.5% if buying from a developer. You’ll also need to cover notary fees, Land Registry fees, and legal fees — typically totalling between 12% and 15% of the purchase price.
Why You Need a Spanish Property Lawyer
Buying land is inherently riskier than buying an existing property. There are more variables, more legal traps, and more potential for things to go wrong. An experienced property lawyer will protect your investment by conducting thorough due diligence, negotiating contract terms in your favour, and guiding you through the entire process from NIE application to signing the escritura pública.
Contact us today for expert legal advice on buying land in Spain. Call +34 965 797 045 or email info@lawyerssolicitorsjavea.com.
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