If you’ve bought property in your home country before, you’ll already be familiar with the legal checks, paperwork and processes involved. But buying in Spain comes with its own set of rules – and getting to grips with them early can save you stress, time and money.

Spain’s legal system may differ to that of your home country, but once you understand the steps, it’s a surprisingly straightforward process – as long as you have the right support. In this article, we’ll take you through the legal steps, explain the paperwork involved and demonstrate how an experienced lawyer can make all the difference.

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Contents

• The legal process of buying in Spain
• Understanding Spanish property ownership
• Documents you’ll need
• Zoning and planning compliance
• Title checks and outstanding debts
• Do I need Power of Attorney?
• Buying as a couple, family or group
• Timeframes and delays
• Using an English-speaking Spanish lawyer
• Spanish property taxes

The legal process of buying in Spain

There are three main steps in the legal journey to property ownership in Spain. While terminology may differ by region, the structure is broadly consistent across the country:

1. Reservation contract (contrato de reserva)

Once you’ve agreed on a price, your estate agent or developer will present a reservation contract. This secures the property and takes it off the market for two to four weeks while legal checks begin.

A deposit – typically €3,000 to €10,000 – is payable. Ideally, you’ll negotiate to make this refundable if legal or structural issues are uncovered. Your lawyer will confirm the seller’s right to sell, check planning permissions and investigate debts or charges on the land.

2. Deposit contract (contrato de arras)

Once legal checks are complete, you sign a private purchase contract (the contrato de arras), which confirms both parties’ commitment. You’ll usually pay a 10% deposit now. If you back out, you lose it. If the seller backs out, they owe you double.

3. Escritura and notary signing

The purchase is formalised with the signing of the escritura pública – the public deed of sale – in front of a Spanish notary. This marks legal completion. The notary ensures all documentation, payments, and obligations are fulfilled before confirming the transfer of ownership. You’ll need to pay the remaining balance on or before this day.

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An English-speaking lawyer can guide you through the process

Understanding Spanish property ownership

Spanish property law allows both residents and non-residents to buy. Ownership can be shared equally between spouses, friends or relatives – helpful if you’re buying with family or as part of a long-term investment plan with friends. Each owner’s share is formally recorded in the title deed.

However, owning property in Spain does not entitle you to live there permanently. Post-Brexit, UK citizens can stay in Spain up to 90 days per 180-day period without a visa. If you want to live there longer, you’ll need a residency permit.

Documents you’ll need to buy a home in Spain

Zoning and planning compliance

Spanish zoning laws vary by municipality. Your lawyer will confirm that the property is legally designated for residential use and that no unlicensed modifications have been made. This is especially important for rural homes and off-grid properties where boundaries, land classifications or extensions may not be officially recorded.

Title checks and outstanding debts

Your lawyer will carry out a thorough title check with the Spanish Land Registry (Registro de la Propiedad). This confirms:

• The seller has the right to sell
• There are no debts, mortgages or legal claims attached to the property
• Community fees, utility bills and property taxes are paid

Do I need Power of Attorney?

If you can’t travel to Spain for every legal step, you can grant your lawyer Power of Attorney (poder notarial). This authorises them to act on your behalf for key tasks: opening a bank account, applying for your NIE, signing contracts and attending the notary meeting.

Power of Attorney can be set up via a notary in the UK or in Spain, and it’s often worth arranging early in the process to avoid delays.

Buying as a couple, family or group

Multiple buyers can co-own property in Spain. You’ll be registered on the title deed with your ownership percentage clearly defined. This offers flexibility – for example, if you’re buying a second home with siblings or a holiday property with adult children – but also requires careful legal structuring to protect everyone’s interests.

Your lawyer can draft a co-ownership agreement outlining what happens if one party wants to sell or is unable to pay their share of ongoing costs.

Timeframes and delays

The full buying process in Spain typically takes six to 12 weeks, but timescales can vary. Here’s a rough guide:

Using an English-speaking Spanish lawyer

An independent, English-speaking lawyer is your single most important ally. Beyond reviewing contracts and conducting title checks, they can:

• Apply for your NIE
• Set up Power of Attorney
• Open a Spanish bank account
• Explain regional tax rules
• Assist with inheritance planning
• Provide aftercare services post-completion

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Spanish property taxes

Property taxes differ depending on whether the home is a resale or a new build, and on the region where you buy:

• Resale homes: Transfer Tax (Impuesto de Transmisiones Patrimoniales or ITP) – typically 6-10%. In Andalucía it’s 7% flat.
• New builds: VAT (IVA) at 10% plus stamp duty (AJD) between 1 and 1.5% depending on the region.
• Annual taxes: Property ownership tax (IBI), rubbish collection fee and non-resident income tax.

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You might also like:

• Your essential guide to hiring a solicitor in Spain
• Buy property in Spain fast! 5 steps to securing your dream home in Spain
• Want to become a Spanish resident? Your options explained by a Spanish lawyer