Frequently asked questions

There are many reasons to hire the professional services of a Spanish solicitor specialised in real estate law. A specialized lawyer in property law can provide you with expert legal advice, protect your interests, and ensure that the buying or selling process is carried out properly and smoothly. 

A conveyance solicitor assist in understanding and negotiating contract terms and conducting legal due diligence and help with the preparation and review of legal documents and represent in negotiations.

In general, having a property lawyer ensures peace of mind and security in the buying or selling process.

Our law firm specializes in real estate law, with 25 years of experience advising expats, and more than 30 lawyers ready to help you with whatever you need. Contact us.

Before buying a property in Spain, there are some basic checks and searches to be carried out: who is the legal owner; possible charges or mortgages on it; that there aren’t any debts regarding local taxes and utilities bills; etc.

The key point is to carry out searches in the local council and in the land registry to get updated information on the property and confirm that everything is correct and that it can be purchased without any problems. The solicitor is the right person to do these searches and confirm that the property is in good legal condition to be purchased.

In case the property belongs to an urbanization, it is essential that the community of owners confirms the property is up to date with the community rates. Otherwise, the buyer can be compeled to take over previous debts.

Our 6 offices along the entire Costa del Sol are perfectly located to quickly handle paperwork, being close to notaries, banks, town halls… Don’t hesitate to ask us for information.

When the purchase has been completed in front of a Public Notary, it is necessary to pay the Transfer Taxes within 30 days, and to take the title deeds to the land registry so the ownership is registered.

 It is also necessary to change local taxes, water and electricity contracts, and community rates into the name of the buyer; as well as to order future payments by direct debit.

One of our solicitors will be able to arrange all these matters in a speedy way and without problems. Another good reason for hiring one when buying your property in Spain.

To purchase property on Spain you will need:

1. Valid Passport or Identification: Foreigners will need a valid passport or identification document to prove their identity.
2. Spanish Tax Identification Number (NIE): Foreigners must obtain a Spanish tax identification number known as «Número de Identificación de Extranjero» (NIE), which is required for property transactions in Spain. Which may be applied for at Government delegations or sub-delegations or at any Foreign Office (Oficina de Extranjería). If you are unable to personally apply for a NIE, you may call in a legal representative, who will do the paperwork for you if duly authorised.
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To speed up the processing of the NIE (a personal, unique, sequential identification number) and enter into a mortgage contract for your home, do not hesitate to contact us through at any of our offices. 

1. Sufficient Funds: Foreigners will need to demonstrate that they have sufficient funds to cover the purchase price, as well as additional costs such as taxes, fees, and other expenses associated with the property purchase. 
2. Spanish Bank Account: It is generally required to have a Spanish bank account to facilitate property transactions, including the payment of taxes, fees, and other expenses.
3. Legal Representation: It is advisable for foreigners to engage the services of a qualified Spanish lawyer or «abogado» to guide them through the legal process of purchasing property in Spain and ensure that all legal requirements are met.
4. Other Documents: Depending on the specific circumstances, additional documents may be required, such as proof of residency, employment or income information, and other relevant documentation.
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In general, when property is purchased in Spain, taxes and expenses related to the purchase must be paid in Spain such IBI or Non Resident Tax («Impuesto de No Residente).

In Spain, family reunification is currently regulated under temporary residence. If you have purchased property in Spain worth over €500,000 and have obtained a residence permit, you may apply for authorisation to register your family in the home that you have bought.

 It is also necessary to change local taxes, water and electricity contracts, and community rates into the name of the buyer; as well as to order future payments by direct debit.

One of our solicitors will be able to arrange all these matters in a speedy way and without problems. Another good reason for hiring one when buying your property in Spain.

1. If you are considering making a will to ensure that your assets and properties are transferred according to your wishes, it is advisable to seek legal advice from a real estate lawyer. An experienced lawyer can help you draft a will that complies with the legal requirements of your jurisdiction and ensures that your assets are transferred to the right people.

   Additionally, a real estate lawyer can advise you on the best way to structure your assets and property to minimize taxes and other costs related to the succession. In summary, working with a real estate lawyer in creating your will can be very useful to ensure that your wishes are met and costs and problems related to the transfer of your assets and properties are minimized.

In Spain, the difference between a resident and non-resident depends on the amount of time a person spends in the country and their tax status.

A tax resident is a person who has spent more than 183 days in the calendar year in Spain, or who has their main residence in the country. Tax residents are subject to taxes in Spain on their worldwide income and assets.

On the other hand, a non-resident is a person who does not meet the above criteria, that is, who spends less than 183 days in the calendar year in Spain and does not have their main residence in the country. Non-residents are only subject to taxes in Spain on their income and assets obtained in Spanish territory.

It is important to note that, although someone may be considered a non-resident for tax purposes, they may have tax obligations in Spain if they own properties or carry out economic activities in the country. Therefore, it is always advisable to consult with a tax expert to determine a person’s tax situation in Spain.