Conveyancing is the legal process of transferring property ownership from seller to buyer. In Spain, this process is quite different from the UK, Ireland, the Netherlands, or France.
The Role of a Lawyer in Spanish Conveyancing
In Spain the notary is a neutral public official who authenticates the transaction but does not act for either party. Having your own independent lawyer is absolutely essential — your lawyer protects your interests throughout the process.
Phase 1: Pre-Contract Due Diligence
Your lawyer obtains a nota simple from the Land Registry, checks catastral references, verifies town planning compliance, checks the habitation certificate, reviews the energy certificate, and confirms community fees are up to date.
Phase 2: The Reservation Contract
A reservation contract with a deposit of 3,000-6,000 euros takes the property off the market during due diligence.
Phase 3: Private Purchase Contract (Contrato de Arras)
A 10% deposit is paid. If the buyer withdraws, they lose the deposit. If the seller withdraws, they return double. The contract sets the completion date.
Phase 4: Pre-Completion Preparations
Your lawyer prepares for the notary, gets updated nota simple, ensures taxes and fees are current, and coordinates bank transfers. A power of attorney allows your lawyer to act if you cannot attend.
Phase 5: Completion at the Notary
The escritura pública is read aloud, both parties sign, the balance is paid by banker draft, and keys are handed over.
Phase 6: Post-Completion
Your lawyer registers the deed, pays Transfer Tax within 30 days, changes utility contracts, and notifies the community of owners.
How Long Does It Take?
Typically 6-12 weeks from reservation to completion. Cash purchases tend to be faster than mortgaged ones.
Key Differences from UK Conveyancing
No separate “exchange” and “completion”. The arras deposit is binding with no cooling-off period. The notary does not do searches — that is your lawyer job. Gazumping is less common due to early reservation contracts.
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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.
Need a lawyer for your conveyancing in Spain? Our experienced property lawyers in Costa Blanca & Valencia offer a free initial consultation. Call +34 965 792 946.