Buying Property in Spain: Legal Guide for Expats

Every year thousands of British, Irish, Dutch, Belgian and Scandinavian expats buy a home in Spain. The Spanish system works very differently from the one at home: the notary does not check the property for you, and the estate agent is paid by the seller. The only person whose job is to protect the buyer is an independent lawyer who acts for you alone. This guide explains how the purchase works, step by step, and what we check before you sign anything.

Quick answer. Before you sign anything binding, an independent lawyer should check the Land Registry, the Cadastre, the planning position and any debts, and negotiate the private contract. You will need a Spanish NIE, which must be obtained in person. Everything else, including the signing before the notary, can be done by power of attorney, without travelling to Spain.

Why a lawyerWhy you need an independent lawyer in Spain

In Spain the notary is a public official. He authenticates the deed and checks the identity and capacity of the parties, but he does not investigate debts, works carried out without a licence or coastal restrictions, and he does not act for the buyer. The estate agent helps you find the property and is paid by the seller. Your lawyer is the only professional in the transaction who works exclusively for you.

Whether a building matches the documents, its boundaries, its surface area and its state of construction, is a technical question. For a villa we always advise an inspection by an architect. We can put you in touch with Sergio Tomás Arquitectos in Jávea, an architect we usually work with, or you can instruct one of your own choice.

Step by stepHow the purchase works

1. Step 1 – Your NIE. The NIE is your Spanish tax identification number; without it the price cannot be paid and the deed cannot be signed. It must be obtained in person, at a police station in Spain or at the Spanish consulate in your country, normally with an appointment booked in advance.
2. Step 2 – Bank account and funds. A Spanish bank account is used for the price, the taxes, the utilities and the community fees. Spanish anti-money-laundering rules require proof of where the money comes from, and we help you prepare that documentation.
3. Step 3 – Legal checks. Before you commit, we check the title, the charges and the planning position of the property (see the checklist below).
4. Step 4 – Reservation and arras contract. The reservation document and the contrato de arras fix the deposit, the penalties, the conditions and the completion date. Never sign one or pay a deposit before your lawyer has reviewed it. We negotiate every clause and make sure your deposit is protected if the checks reveal a problem.
5. Step 5 – Notary, taxes and Land Registry. The deed is signed before the notary and the balance is paid. The purchase taxes are then settled and the deed is registered at the Land Registry in your name. We deal with every formality on your behalf.
6. Step 6 – After completion. Utilities, the IBI and the community fees are put in your name. We also recommend a Spanish will covering your Spanish property: it makes the inheritance much simpler for your heirs.

Due diligenceWhat we check before you sign

• Title and registered owner at the Land Registry
• Mortgages, embargoes and other registered charges
• Cadastre description compared with the deed
• Building licences and occupancy licence at the town hall
• Any planning infringement on record
• IBI, rubbish rate and community fees paid up to date
• Coastal Law position for sea-front properties
• Energy certificate and, where relevant, the tourist licence

ExamplesWhat this looks like in practice

Illustrations of situations we see regularly, not accounts of particular transactions.

• A villa in Jávea, €2.6 millionA British couple buy a villa near the Portitxol. The pool terrace is not in the deed. Their architect confirms the works; the arras contract makes completion conditional on the seller declaring them before the notary first. The couple sign everything by power of attorney and only travel to collect the keys.
• A new-build villa in Moraira, €3.4 millionAn Irish buyer buys off-plan. Each payment on account is covered by the bank guarantee or insurance that Spanish law requires, the contract fixes the specifications and the delivery date, and the purchase is completed once the developer has the occupancy licence.
• A first-line property in Dénia, €1.9 millionA Dutch family want a villa on the seafront. Before any deposit is paid, we check how the Coastal Law affects the house and what can and cannot be done with it later. After completion, both parents sign Spanish wills.
• An apartment in Dénia, €300,000A retired Belgian couple buy a two-bedroom apartment near the marina. The Nota Simple still shows an old mortgage; the contract requires the seller’s bank to cancel it at the notary on completion day, and the community confirms in writing that the fees are paid up to date.
• A townhouse in Jávea, €600,000A British family buy a townhouse in the Arenal area for the holidays. The listing says it can be let to tourists, but no tourist licence is registered. They decide to go ahead knowing it, and the price is adjusted before the arras contract.
• A resale villa in Moraira, €800,000A Dutch couple buy a villa whose garden casita is not in the deed or the Cadastre. Their architect reviews it; the contract fixes who regularises it and holds back part of the price until it is done. They sign everything by power of attorney.

From abroadBuying without travelling to Spain

With a power of attorney signed before a notary in your country and legalised with the Hague Apostille, or signed at a Spanish consulate, we can complete the whole purchase on your behalf: the private contract, the payment of the price, the signing before the notary and the registration. The only step that has to be done in person is the NIE.

Where we workAreas we serve

From our office in Jávea, Avenida del Pla 126, and our associate office in Dénia, we act for buyers across the Marina Alta and beyond: Jávea (Xàbia), Moraira, Benitachell, Teulada, Benissa, Calpe, Dénia, Pedreguer, Jalón, Pego, Oliva and Altea.

QuestionsFrequently asked questions

Can foreigners buy property in Spain? Yes, with no restrictions, including British buyers after Brexit. You will need an NIE, which must be obtained in person.

Do I need to be in Spain to buy? No. With a notarised and apostilled power of attorney we can complete the purchase entirely on your behalf. Only the NIE must be obtained in person.

How long does the process take? Usually six to ten weeks from the arras contract to completion, longer with mortgage financing.

What is a Nota Simple? An extract from the Land Registry showing the registered owner, the description of the property and any mortgages, embargoes or other charges. We obtain a fresh one before you sign and again just before completion.

What if the property has unlicensed extensions? We identify the legal discrepancy and advise on regularisation, renegotiation or withdrawal before you commit. The technical side is for an architect. We can put you in touch with Sergio Tomás Arquitectos in Jávea, an architect we usually work with, or you can instruct one of your own choice.

Should I make a Spanish will? It is strongly recommended. It makes the inheritance much simpler for your heirs.

See also

• Property lawyers in the Costa Blanca
• Conveyancing lawyer in Jávea
• Conveyancing lawyer in Moraira
• Luxury villa purchase in Jávea
• First-line property and the Coastal Law
• Selling property in Spain as a non-resident
• Inheritance and wills in Spain

Our lawyers

José Manuel Tomas

Property, Inheritance and Donations · Admitted to the Valencia Bar in 1992 (no. 6407) · Alicante Bar no. 9382

José Rico

Family Law · Valencia Bar no. 12075

Mariano Ortuño

Valencia Bar no. 6041

Juan Poch

Property, Inheritance and Donations · Alicante Bar no. 3607

Manuel Lopez de Andujar

Property, Inheritance and Donations · Valencia Bar no. 7773

María Salvá

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3699

Antonio Rodríguez de Sola

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3374

How we meetIn person in Jávea, or 100% remote

In person in JáveaMeet us at our office in the Centro Comercial Arenal, Avenida del Pla 126. Meetings in English, French or Spanish.

100% remote, from homeMost of our clients never need to travel. We work by email, phone, WhatsApp and video call, and you sign through a power of attorney. Only the NIE has to be applied for in person, in Spain or at a Spanish consulate.

How much do you charge?

Every case is different, so before any work starts we send you a written quote. You know our fee from the beginning, with no surprises at the end.

Next stepWhat happens when you contact us

1. You send your enquiryThrough the form below, by phone, WhatsApp or email. A few lines are enough.
2. A lawyer reads itNot an assistant: one of our lawyers reviews your situation and replies personally, the same day.
3. We tell you the next stepWhat needs to be checked first, and which documents would help.
4. We confirm scope and feeIn writing, before any work starts.
5. You decideNothing is commissioned until you say yes.

Disclaimer. The information on this page is general in nature and does not constitute legal advice. Every property and every transaction is different, and the applicable rules may change. No decision should be taken on the basis of this page alone without obtaining advice on your specific case. Tomas Ballestero Lawyers accepts no liability for actions taken in reliance on this general information.