Property Lawyer in Spain for Irish Citizens

Are you an Irish citizen buying or selling a property on the Costa Blanca? Tomas Ballestero Lawyers handles the legal side for Irish buyers and sellers from our office in Jávea and our associated office in Dénia, in person or entirely by power of attorney. We act only for you, in English, with direct advice from Spanish lawyers.

The key differenceThe Spanish notary does not act for you

In Spain the notary is impartial: they check the identity of the parties and the legality of the deed, but they do not investigate debts, extensions built without a licence or planning problems. The estate agent or developer does not act for you either. That is the job of your own independent lawyer, before you pay any deposit.

Step by stepBuying in Spain

• NIEYour foreigner identification number, applied for in person in Spain or at the Spanish Embassy in Dublin. It cannot be obtained by power of attorney.
• Bank accountA Spanish account for the price, the taxes and the running costs. We help you with it and with the documents on the origin of the funds.
• Legal checksBefore you pay anything: the Land Registry, the Catastro, the licences and the debts.
• 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.
• CompletionThe deed is signed before the notary and the price is paid there.
• After completionThe taxes, the Land Registry, and the IBI 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 and with what is built, the building licences and any planning infringements.
• Running costsIBI, the rubbish collection tax and community fees paid up to date.
• Special casesRustic land, the coastal law, tourist letting and, on a new build, the guarantees for each payment.

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.

CostsA written breakdown for your purchase

Beyond the price, a purchase involves taxes, notary and Land Registry costs and our fees. A resale property pays transfer tax; a new build pays VAT and stamp duty instead. Rather than generic figures, we put the figures for your property in writing before you commit. Tax in Ireland is a matter for your Irish adviser.

SellingSelling your property in Spain

When a non-resident sells, the buyer withholds 3% of the price and pays it to the Spanish tax office on account of the seller’s tax. We prepare the documents, handle the sale before the notary and deal with your Spanish taxes as the seller.

Frequently asked questions

Can I buy without travelling to Spain?

Yes. Apart from the NIE, which is applied for in person, the purchase can be completed by power of attorney, signed before a notary in Ireland and apostilled, or at the Spanish Embassy in Dublin.

Should I make a Spanish will?

For many owners it makes sense. We prepare a Spanish will for the property for clients whose purchase we handle.

Do you advise on Irish law or Irish tax?

No. We are Spanish lawyers and we cover the Spanish side only. For Irish legal or tax matters, please consult your Irish adviser.

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 Irish inheritance in Spain and due diligence when buying in Spain.

Tomas Ballestero Lawyers has advised international clients on Spanish property for more than 30 years. We work in English, French or Spanish.

The lawyers who will handle your matter

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

Manuel Lopez de Andujar

Property, Inheritance and Donations · Valencia Bar no. 7773

Juan Poch

Property, Inheritance and Donations · Alicante Bar no. 3607

Rubén Bolufer Martínez

Legal Assistant

María Salvá

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

Antonio Rodríguez de Sola

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

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.

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.