Inheritance Lawyers in Spain

Jávea (Xàbia) on the Costa Blanca is one of the most sought-after locations for international property buyers in Spain. With its stunning Mediterranean coastline, pleasant year-round climate, excellent healthcare, and welcoming expat community, it is easy to understand why thousands of British, Dutch, French, Belgian, and Scandinavian buyers choose to make Jávea their home every year.

However, buying property in Spain is very different from purchasing in the UK, France, or the Netherlands. The legal system, the taxes, the role of the notary, and the documentation required can be confusing if you are not familiar with Spanish property law. This guide walks you through the entire process step by step.

Step 1: Get Your NIE Number

The NIE (Número de Identificación de Extranjero) is a foreigner identification number that you will need for virtually every financial and legal transaction in Spain. You cannot buy property, open a bank account, or pay taxes without one. You can apply for your NIE at the Spanish consulate in your home country or at the Foreigners Office (Oficina de Extranjería) in Spain. The process typically takes a few weeks, so it is advisable to start early.

Step 2: Open a Spanish Bank Account

You will need a Spanish bank account to pay the deposit, taxes, notary fees, and running costs of your property. Most Spanish banks will open a non-resident account with your passport and NIE. It is important to compare exchange rates if you are transferring funds from abroad.

Step 3: Find Your Property and Make an Offer

Once you have found a property you like, you make an offer through the estate agent or directly to the seller. If accepted, a reservation contract (contrato de reserva) is usually signed and a small deposit paid — typically between 3,000 and 6,000 euros — to take the property off the market while legal checks are carried out.

Step 4: Legal Due Diligence

This is the most critical stage. Your lawyer will verify ownership at the Land Registry, check for outstanding debts or charges, confirm the property matches catastral records and town planning regulations, verify building licences and habitation certificates (cédula de habitabilidad), and check community of owners debts. Skipping due diligence is the single biggest mistake foreign buyers make in Spain.

Step 5: The Private Purchase Contract (Contrato de Arras)

Once due diligence is satisfactory, a private purchase contract is signed. The buyer pays a deposit, usually a percentage of the price. Under Spanish law (arras penitenciales), if the buyer withdraws, they lose the deposit. If the seller withdraws, they must return double the deposit.

Step 6: Completion at the Notary (Escritura Pública)

On completion day, both parties attend the notary. The public deed of sale is signed, the remaining balance is paid, and the keys are handed over. The notary verifies identities, checks the property is free of charges, and ensures all taxes have been paid.

Step 7: Registration and Post-Purchase Formalities

After completion, the deed must be registered at the Land Registry. Your lawyer handles utility contracts, town hall registration, direct debits for IBI and community fees, and tax declarations.

Taxes and Costs

Total costs typically add up to additional costs on top of the purchase price for resale properties. These include Transfer Tax (ITP) in the Valencian Community, or VAT (IVA) plus Stamp Duty (AJD) at for new builds, plus notary fees, Land Registry fees, and legal costs. Tax rates can change, so always verify current rates.

Common Mistakes to Avoid

Buying without independent legal advice is risky. Not checking the property legal status thoroughly can lead to expensive surprises. Sending money before your lawyer has verified everything is another common error.

Why Jávea?

Jávea offers quality of life, international community, excellent infrastructure, and natural beauty. Over 300 days of sunshine per year. Alicante airport is just one hour away.

If you need professional legal assistance with this matter, contact Tomas Ballestero Lawyers in Jávea. We speak English, French, and Dutch.
Phone: +34 607 320 768 | Email: [email protected]

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Disclaimer: This article is provided for general informational purposes only and does not constitute legal, tax, or financial advice. Tax laws and regulations are subject to change and may vary depending on individual circumstances. No solicitor-client relationship is created by reading this article. For advice specific to your situation, please contact a qualified legal professional. Tomas Ballestero Lawyers accepts no liability for actions taken based on the information contained herein.

Looking to buy property in Jávea? Our experienced property lawyers in Costa Blanca & Valencia offer a free initial consultation. Call +34 965 792 946.

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