What Does a Conveyancing Lawyer Do in Spain?

A conveyancing lawyer in Spain is the independent lawyer who acts only for you when you buy or sell a property: checking the property before you commit, drafting or reviewing the contracts, attending the signing at the notary and registering the property in your name. The seller, the estate agent and the notary each have their own role; the lawyer is the one who protects your interests.

Lawyer and notaryWhy the notary is not enough

The Spanish notary is a public official who is impartial between buyer and seller. At the signing, the notary identifies the parties, checks that the deed is legal and reads it to you. But the notary does not advise you, does not negotiate the contract for you and does not investigate the property’s town planning situation, its licences or what has been built on it. That is the lawyer’s job, and it has to be done before you pay any deposit.

Before you commitThe legal checks

• Land RegistryA nota simple showing who owns the property and whether there are mortgages, embargoes or other charges.
• Town hallThe planning situation, the building licences and any open planning proceedings affecting the property.
• CatastroThat the cadastral description matches the Land Registry and the property as it actually is.
• DebtsCommunity fees, the IBI property tax and other local charges up to date.

For a villa we always advise a technical 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. Boundaries, measurements and the state of the building are a matter for the architect; the legal checks are ours.

The contractsFrom the reservation to the private contract

We review the reservation document before you pay anything and then draft or review the private purchase contract: price, payments, completion date and the conditions that protect you. With the usual penalty deposit (arras penitenciales), a buyer who withdraws loses the deposit and a seller who withdraws has to return it doubled. On a new-build or off-plan property, the payments made before completion have to be guaranteed by a bank or an insurer, and we check that they are.

CompletionAt the notary and afterwards

On completion day we check the Land Registry again, review the deed and attend the signing with you, or sign for you by power of attorney. After the signing, we pay the purchase taxes on time and register the property in your name at the Land Registry. When you sell, we also deal with the non-resident seller’s formalities and the municipal plusvalía, which the law places on the seller.

Without travellingYou do not have to come to Spain

Apart from the NIE, which has to be applied for in person, the whole purchase or sale can be handled through a power of attorney, signed at a Spanish consulate or before a notary where you live, then apostilled and translated. We draft the wording and send it to you ready to sign.

Questions

Is it compulsory to use a lawyer to buy property in Spain?

No, but the notary does not do the checks that protect you, so without a lawyer nobody does them for you.

Can the same lawyer act for the buyer and the seller?

We act for one side only, so that our advice is never divided.

When should I contact a lawyer?

Before you sign a reservation or pay any deposit. Once the money is paid, the room to negotiate or withdraw is much smaller.

How we work

We act from our office in Jávea and through our associated office in Dénia, across the north Costa Blanca: Jávea, Moraira, Teulada, Benitachell, Benissa, Dénia and Altea. See our property lawyers on the Costa Blanca and our guide to the nota simple.

Tomas Ballestero Lawyers has been advising international clients on Spanish property and succession for more than 30 years. We work in English, Spanish and French.

The lawyers who will handle your purchase

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

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? 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 purchase 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 property is different and you should take advice on your own circumstances before acting.