Buying property in Spain is a big decision, whether you’re investing, relocating, or purchasing a holiday home. But navigating Spanish property law can be overwhelming, especially if you are unfamiliar with the local system. That’s where Albir Abogados comes in. With over 25 years of experience in real estate law, we ensure every legal step is handled with precision, transparency, and care. In this guide, we walk you through how a lawyer protects your interests from the initial consultation to final registration.
Why do you need a lawyer when buying property in Spain?
Many buyers assume that the notary or real estate agent will take care of everything. In reality, neither of them represents your legal interests. The notary merely certifies the transaction, and the agent works for the seller. Only a lawyer acts independently on your behalf, ensuring that:
- The property is free of legal or financial risks
- The documents you sign are correct and binding
- The process complies fully with Spanish law
- You understand every step, especially if you’re purchasing from abroad
Without legal support, buyers can run into serious problems, including:
- Hidden debts, taxes, or utility bills attached to the property
- Illegal construction or zoning violations
- Disputed ownership or inherited claims
- Delays in registration or tax filings
1. Initial consultation and legal planning
Every property transaction starts with a thorough understanding of your needs. At Albir Abogados, we begin with a personal consultation to identify your goals. We’ll ask questions such as:
- Are you a Spanish resident or an international buyer?
- Is this property for personal use, investment, or holiday rental?
- Will you need financing or a Spanish mortgage?
- Are you able to be present in Spain, or would you prefer to give us power of attorney?
Based on your answers, we create a customized legal plan and timeline. For clients abroad, we can handle everything on your behalf—saving you travel time and making the process much easier.
2. Due diligence: verifying the property
Before you sign any contract or transfer any funds, we conduct a full legal investigation of the property. This step ensures that everything is in order and there are no hidden issues. Our due diligence, depending on the case, includes:
- Requesting the nota simple from the Land Registry to confirm ownership
- Checking for mortgages, liens, embargoes, or pending court cases
- Reviewing building permits, zoning status, and occupancy licenses
- Ensuring there are no outstanding debts with the community of owners or tax authorities
- Verifying utilities, cadastral data, and property boundaries
This step protects you from inheriting problems that may take years (and thousands of euros) to resolve.
3. Drafting or reviewing the private purchase contract (Contrato de Arras)
Once the property is cleared legally, we proceed with the Contrato de Arras—a private contract signed between buyer and seller that sets out the conditions of the sale. This contract includes:
- The agreed price and payment structure
- The deposit amount (usually 10%) and cancellation terms
- Timelines and deadlines for completion
- Legal consequences in case of default by either party
We either draft the contract ourselves or carefully review any version provided by the seller’s lawyer. Our goal is to ensure your deposit is protected and that the contract includes balanced, fair conditions. This is especially important if you’re unfamiliar with Spanish legal practices.
4. Preparation and signing at the notary
In Spain, in order for the purchase to protect the buyer-client against third parties, it must be formalized in a public deed before a notary and submitted to the Land Registry as soon as possible. This is a key moment, and we handle everything for you. We:
- Coordinate the notary appointment and prepare all documentation
- Confirm that the seller has submitted all required certificates and payments
- We verify that the payment method complies with European and Spanish financial regulations and anti-money laundering laws.
- Assist with mortgage arrangements, if necessary
- Act on your behalf if you’ve granted us power of attorney
Once the public deed is signed, the sale is complete and you officially become the legal owner.
5. Post-purchase formalities: taxes and registration
After completion, we take care of all post-sale formalities to ensure everything is legally in place. This includes:
- Payment of the corresponding taxes (Transfer Tax or Stamp Duty [ITP-AJD], or VAT for newly built properties).
- Submitting the deed to the Land Registry (Registro de la Propiedad)
- Updating the property in the Cadastre (Catastro)
- Coordinating the transfer of utilities, rubbish collection fees, and community ownership details
- Ensuring compliance with non-resident tax requirements, if applicable
All of these steps are essential to ensure that your ownership is not only complete but also fully registered with the correct authorities.
Why choose Albir Abogados
At Albir Abogados, we combine local legal expertise with international client service. We speak your language. We can communicate fluently with you in several languages: English, Polish, Spanish, etc., and we guide you through every step of the process with the utmost clarity, experience, and confidence.
Whether you’re buying a:
- Resale property
- New development
- Rural finca
- Urban apartment
- Off-plan investment
Our legal team ensures your transaction is safe, efficient, and hassle-free. With over 25 years of experience helping international clients in Spain, we understand the unique challenges foreign buyers face—and how to solve them.
Looking to buy property in Spain? Let us protect your investment.
Purchasing real estate is one of the biggest decisions you’ll make. At Albir Abogados, we take care of the legal side so you can focus on enjoying your new home. Contact us today for a consultation and let us guide you through a secure, worry-free purchase process—from first steps to full ownership.