The Conveyancing Process in Spain: Step by Step
The phases of a Spanish property purchase, from the legal checks and the contrato de arras to completion before the notary and registration.
Choose what you need
Conveyancing in Spain is the legal process that transfers a property from the seller to the buyer. It works differently from the United Kingdom, Ireland, the Netherlands or France, and the key difference is simple: the notary is impartial, so the checks that protect you are done by your own independent lawyer. Tomas Ballestero Lawyers handles conveyancing for international buyers, from our office in Jávea and our associated office in Dénia, on the Costa Blanca.
Step by stepThe phases of a purchase
- Legal checksThe nota simple from the Land Registry, the Catastro, the licences, the debts and the community.
- ReservationSometimes a small reservation payment takes the property off the market while the checks are done. We review the document before you pay.
- Contrato de arrasThe private contract with a deposit. With arras penitenciales, a buyer who withdraws loses the deposit, and a seller who withdraws returns it doubled.
- Before completionAn updated nota simple, the bills and taxes up to date, and the payment arranged.
- CompletionThe deed is read and signed before the notary, the price is paid and the keys are handed over.
- After completionThe purchase taxes, the Land Registry, and the IBI, community and utilities in your name.
Before the depositWhat we check
- Ownership and chargesThe registered owner at the Land Registry and any mortgages, embargoes or other charges.
- Catastro and licencesThe Catastro compared with the deed, the building licences, the occupation licence and any planning infringements.
- Running costsIBI, the rubbish collection tax and community fees paid up to date.
- New buildsOn an off-plan purchase, the bank guarantee or insurance for every payment and the developer’s licences.
The state of the building, the boundaries and the measurements are a technical matter. 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.
From abroadYou do not have to travel
With a power of attorney, signed at a Spanish consulate or before a notary near you and then apostilled and translated, we sign the contract and complete at the notary for you. Only the NIE has to be applied for in person, in Spain or at a Spanish consulate; it cannot be done by power of attorney.
Frequently asked questions
Does the notary protect the buyer?
The notary checks the legality of the deed and reads it to the parties, but does not act for either side or investigate the property. That is your lawyer’s job.
Who chooses the architect?
You do. 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.
How we work
From our office in Jávea and the associated office in Dénia we work across the northern Costa Blanca: Jávea, Dénia, Moraira, Teulada, Benitachell, Benissa, Calpe and Altea. See also property lawyers on the Costa Blanca and the nota simple.
Tomas Ballestero Lawyers has advised international clients on Spanish property for more than 30 years. We work in English, French and Spanish.
With a power of attorney we complete every step on your behalf, from the first document to the registration of the property, remotely and safely.
Call +34 607 320 768The lawyers who will handle your matter
Property, Inheritance and Donations · Admitted to the Valencia Bar in 1992 (no. 6407) · Alicante Bar no. 9382
Family Law · Valencia Bar no. 12075
Valencia Bar no. 6041
Property, Inheritance and Donations · Valencia Bar no. 7773
Property, Inheritance and Donations · Alicante Bar no. 3607
Legal Assistant
Property, Inheritance and Donations – Dénia · Alicante Bar no. 3699
Property, Inheritance and Donations – Dénia · Alicante Bar no. 3374
Selling a property? See selling a property in Spain as a non-resident.
How we meetIn person in Jávea, or 100% remote
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
- You send your enquiryThrough the form below, by phone, WhatsApp or email. A few lines are enough.
- A lawyer reads itNot an assistant: one of our lawyers reviews your situation and replies personally, the same day.
- We tell you the next stepWhat needs to be checked first, and which documents would help.
- We confirm scope and feeIn writing, before any work starts.
- You decideNothing is commissioned until you say yes.
This page is general information about Spanish law and does not constitute legal advice. Every case is different and you should take advice on your own circumstances before acting.
Buying a property in Spain?
Tell us in a few lines what it is about. We reply the same day.
Tell us about your purchaseor call +34 607 320 768