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Spanish Property Lawyers

Advisors in Spain handles buying, selling and owning property across Spain.

We handle NIE and due-diligence checks, the arras contract, power of attorney for remote buyers, notary completion, and sale-tax filings; we coordinate related requirements, with responsibility and scope agreed for each service.

This page covers what a Spanish property lawyer does at each stage of buying, selling or owning here: the reservation and arras contract, the checks a notary will not run, completion, and the tax filings a sale triggers, whether you buy in person, through a company, or remotely by power of attorney. Submit the form below; we read the enquiry ourselves and aim to reply within one business day, in English or Spanish. Drafting a will or handling a Spanish inheritance follows different rules; see Spanish wills and Spanish probate for that side of an estate.

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Keys handed to a buyer above a property contract and model house
Typical timing 60-90 days The page explains what can change it. How the work runs 7 steps From your enquiry through to completion. What to prepare 5 items See the documents and details you will need.

Who Needs a Spanish Property Lawyer

  • You need a Spanish property lawyer if you are buying or selling remotely, buying through a company, or want due diligence the notary will not run: the notary confirms signatures and collects taxes and does not check title, debts or planning status.
  • Non-resident buyers and sellers, and anyone completing without travelling to Spain, benefit most: your lawyer runs the checks and paperwork a local buyer might otherwise pick up informally along the way.
  • Buyers using a company, whether a foreign entity or a new Spanish SL, need a lawyer working alongside an accountant for the extra registration and tax-ID steps a personal purchase does not carry.
  • Anyone relying on the notary to protect their interests is relying on the wrong person. The notary is neutral; checking the title, the licences and the contract is your lawyer's job.

Spain does not require you to use a solicitor to complete a purchase, and some cash buyers with fluent Spanish and a straightforward local sale complete without one. The Spanish notary is a neutral public official who certifies signatures and collects the taxes due on the deed. The Colegio Notarial de Andalucia describes the notary as an impartial professional, and impartial means nobody at that table acts for you alone. The UK government's guidance on buying property in Spain leaves the buyer to confirm that the property matches its registry entry, that no debts or charges sit against it and that no planning proceedings are open, and it strongly recommends an independent lawyer who works on your behalf only.

What Your Property Lawyer Handles When Purchasing Property in Spain

The work covers six areas, from the NIE and contract review to completion and registration. Each area links to the guide that explains it in full.

  • NIE, Purchase Costs, Bank Account and Mortgage Before Purchasing Property

    Your lawyer can obtain your NIE, calculate the full purchase budget and coordinate a Spanish bank account before you commit. The budget includes transfer tax, notary and registry fees, and the lawyer's fee, not just the asking price. A non-resident mortgage has its own approval risk and timeline. See the NIE guide, purchase costs guide and non-resident mortgages guide.

    When the lawyer handles your purchase, the NIE application and bank-account opening are included at no extra charge.

    Have your lawyer handle both with the purchase

  • Reservation and Arras Contracts When Purchasing Property

    Your lawyer reviews the reservation agreement and contrato de arras before you sign or pay a deposit. A reservation deposit typically runs from 3,000 to 10,000 euros, while the arras deposit is often around 10% of the price, according to this Spanish property buyer's guide.

    The lawyer also identifies which type of arras the contract creates. The Consejo General del Notariado says the most common are confirmatorias. Only agreed penitenciales carry the Article 1454 consequence: the buyer who withdraws loses the deposit, and the seller who withdraws repays it doubled.

    Have your lawyer review the contract before you sign

  • Title, Mortgage, Debt, Planning and Licence Checks Before Purchasing Property

    Your lawyer checks the seller's title, registered mortgages and embargoes, planning status, community charges, unpaid IBI and any tourist-licence restriction before you commit. The land registry confirms that the nota simple shows the registered title and charges; the nota simple guide explains how to read it.

    Checks outside the registry include local ITE requirements, two years of community meeting minutes for approved derramas, and any tanteo y retracto right affecting a protected property under Article 38 of the Ley del Patrimonio Historico Espanol. Unpaid IBI can attach to the property under the Ley Reguladora de las Haciendas Locales. The tourist licence guide covers the extra check for a planned holiday let.

    Have your lawyer run the checks before you sign

  • Survey, Bank Valuation and Power of Attorney When Purchasing Property

    Your lawyer coordinates the bank valuation, an independent survey and a power of attorney if you will not attend completion. Under Article 13 of Ley 5/2019, the mortgage valuation must come from a valuation company independent of the lender. It values the property for lending and does not survey its condition, so an older property may still need an independent survey.

    For a remote purchase, you sign the power of attorney before a notary or Spanish consulate, allowing your lawyer or another representative to sign the escritura at completion. The power of attorney guide explains its scope.

    Have your lawyer prepare the power of attorney

  • Notary Completion, Transfer Tax, Registration and Utilities When Purchasing Property

    Your lawyer coordinates the notary signing, cancels any mortgage registered against the seller's title, pays the transfer tax and registers the new deed. At the notary, you and the seller sign the escritura. Because Ley 10/2010 requires anti-money-laundering checks, expect to provide a bank certificate tracing the purchase funds.

    After completion, the lawyer switches utilities, sets up the IBI direct debit, notifies the community of owners and updates the cadastral record.

    Have your lawyer handle completion and registration

  • Purchasing Property Through a Foreign Company or Spanish SL

    Your property lawyer works with an accountant when a foreign company or Spanish SL buys the property. A foreign company needs its own Spanish NIF before it can buy, while forming a Spanish SL is a separate incorporation step. The guide to buying through a company explains what changes.

    Ask about buying through a company

What You'll Need to Provide

Passport or ID
A valid passport or national ID, matching the name that will appear on the escritura and on your NIE application.
Proof of funds or a mortgage offer
Bank statements or a mortgage offer letter showing where the purchase price is coming from; the notary asks for a source-of-funds certificate at completion under Spain's anti-money-laundering rules.
NIE
Your Spanish tax ID number, or confirmation that the lawyer handling your case will apply for it as part of the engagement.
Power of attorney
Needed only if you are buying or selling without travelling to Spain for completion; your lawyer prepares it once you are instructed.
Company documents (company purchases only)
The foreign company's incorporation documents, apostilled and translated, plus the application for its own Spanish NIF. See buying property in Spain for the full checklist by route.

How Conveyancing in Spain Works

  1. You Submit Your Property Enquiry

    You answer a few questions about the purchase or sale, its location and your timeline. Submitting the form sends your property enquiry to Advisors in Spain; it does not file anything with the notary or land registry.

  2. We Review Your Enquiry and Reply Within One Business Day

    We read the enquiry ourselves and aim to reply within one business day, in English or Spanish. The reply confirms whether the property work described is something we can handle and what happens next.

  3. You Speak Directly With a Property Solicitor

    You discuss the purchase or sale directly with a property solicitor, in English or Spanish, and confirm the plan before any legal work starts.

  4. You Provide Your Documents and Required Translations

    You provide your ID, proof of funds and any certificates. Documents that require a sworn translation are translated before they are used in the transaction.

  5. Your Solicitor Starts the Conveyancing Work

    The solicitor reviews or drafts the arras contract, runs due diligence, and prepares everything for completion, keeping you updated at each stage.

  6. You or Your Representative Sign at the Notary

    You, or your representative under power of attorney, sign the escritura. The solicitor coordinates the transfer, the taxes due, and, on a sale, the non-resident retention.

  7. Your Solicitor Registers the Deed and Completes the Follow-Up

    The solicitor registers the new deed at the land registry, switches the utilities, and settles the paperwork completion itself creates.

Timing and Lawyer Fees When Purchasing Property in Spain

How Long It Takes to Complete a Property Purchase

60-90 days

The window a Spanish property buyer's guide advises writing into the arras contract when a mortgage is involved, given how long a non-resident mortgage takes to approve; a cash purchase can complete sooner.

What Can Delay a Property Purchase

Incomplete documents, a certificate still waiting on a sworn translation, and a backlog at the notary or the land registry are the most common causes. A mortgage adds the bank's own valuation and approval time on top of that window.

What a Property Lawyer Costs When Purchasing Property

Fees vary by transaction value, complexity and lawyer. You get a written engagement letter stating the fee, whether any part is refundable, and any travel-fee threshold, before any work starts.

Selling and owning

Taxes and Legal Steps When Selling or Owning Property in Spain

Taxes When Selling Property in Spain: 3% Retention, Plusvalía and Capital Gains Tax

When you sell as a non-resident, the buyer withholds 3% of the agreed price at completion and pays it to the tax authorities on your behalf. It is a payment on account of the capital gains tax you may owe on the sale, filed on modelo 211 according to the Agencia Tributaria. Your lawyer coordinates that retention and files the return that claims back any overpayment; see selling property in Spain: tax for the full mechanics.

Separately, the local ayuntamiento charges plusvalia municipal, a tax on the rise in the land’s value since you bought, covered on plusvalia tax in Spain.

Selling remotely works the same way buying does: your lawyer completes on your behalf under a power of attorney you have granted. Selling a property you inherited adds one step first, since the property has to pass through probate and be registered in your name before you can sell it; Spanish probate covers that route.

Taxes and Licence Rules When Owning Property in Spain: IBI, Non-Resident Tax, Rental Tax and Tourist Licences

Ownership carries its own annual filings once the sale is done. IBI, the municipal property tax, is due every year regardless of residence, billed by the town hall or, in some provinces, a provincial agency such as Suma in Alicante. Non-residents who do not let the property still owe tax on its imputed income, filed on modelo 210; renting it out makes the rental income itself taxable, and a holiday let needs a tourist licence before you list it. Property taxes in Spain and tourist licences in Spain cover both in detail. The filings themselves sit outside a lawyer’s engagement; an accountant takes them on once your lawyer has flagged what applies to your case.

Legal steps, the fee position and the sourced figures on this page are current as of 20 August 2026, and are reviewed every six months against BOE, Agencia Tributaria, Registradores de Espana and notariado guidance.

Have Your Arras Contract Checked Before You Sign

Your deadline and withdrawal consequences depend on how the arras are written. Have the contract checked before you sign or pay the deposit. Tell us your timeline, and we aim to reply within one business day.

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Common questions

Do I need a solicitor to buy property in Spain?
No, but it is worth having one if you are buying remotely, buying through a company, or cannot read the deed and supporting documents in Spain. Non-resident buyers benefit most, since the notary who handles completion certifies signatures and collects the taxes due on the deed, and does not check the property's title, debts or planning status on your behalf.
What's the difference between a Spanish notary and a property lawyer?
A Spanish notary is a neutral public official who certifies signatures and collects the taxes due on the deed; a property lawyer works for you alone, checking the title, the licences and the contract before you sign. The Colegio Notarial de Andalucia calls the notary an impartial professional, and the UK government's guidance on buying property in Spain puts the registry, debt and planning checks on the buyer, recommending an independent lawyer who works on your behalf only. A buyer who assumes the notary runs those checks has nobody representing their side of the sale.
How much does a Spanish property solicitor charge?
Fees vary by transaction value, complexity and lawyer. You get a written engagement letter that states the fee before any work starts.
What are the common pitfalls when buying property in Spain?
An unchecked nota simple that hides a mortgage or an embargo, an ITE or planning breach that only surfaces after completion, an unpaid community derrama the seller did not disclose, and a missed tanteo y retracto right on a heritage-protected property are the pitfalls that turn up most often. Due diligence before you sign the arras contract is what catches all four.
How long does it take to complete on a property in Spain?
A Spanish property buyer's guide advises allowing 60 to 90 days from signing the arras contract to completion where a mortgage is involved, and it can run longer. Incomplete documents, a missing sworn translation, and a backlog at the notary or the land registry are what usually push it past that window.
What happens if I withdraw after signing the arras contract?
It depends on which type of arras your contract creates. Where they are penitenciales, the buyer who withdraws forfeits the deposit and the seller who withdraws repays it doubled, under Article 1454 of the Civil Code, and that applies whether you pull out because you changed your mind or because financing fell through. The Consejo General del Notariado says arras are penitenciales only where the parties agree them, and that the most common type is confirmatoria. Check which type you are signing before you sign.
Can I buy or sell a property in Spain remotely, without travelling?
Yes, by granting power of attorney to your lawyer or another representative, who signs the escritura for you at the notary. You still choose the property, agree the price and sign the arras contract yourself; the POA covers only the steps you cannot attend in person. See the power of attorney guide for what it lets your representative do.
Do I need a lawyer to sell a property in Spain as a non-resident?
Yes, if you want the tax side handled correctly. The buyer withholds 3% of the price at completion, a payment on account of the tax you may owe on the sale, filed on modelo 211 according to the Agencia Tributaria. Your lawyer coordinates that retention and the follow-up filing; see selling property in Spain: tax for how any overpayment is claimed back.
Can I buy Spanish property through a UK or US company?
Yes, but expect extra steps: the foreign company needs its own Spanish NIF, an apostilled and translated set of incorporation documents, and in some cases a Spain-based legal representative once it starts trading here. Buying personally or setting up a Spanish SL to hold the property both avoid that overhead; see buying through a company for the full comparison.
What's the difference between a gestor and a property solicitor (attorney)?
A gestor is an administrative agent who files routine paperwork with government offices; a property solicitor, or attorney if you use the American term, is a fully qualified lawyer who can give legal advice, negotiate a contract, and represent you in a dispute. A gestor cannot do any of that, and confusing the two is a common reason a buyer ends up with no one actually checking the contract.
Does Advisors in Spain include NIE and bank-account help with my property purchase?
Yes, when the NIE and the bank account are opened alongside a purchase your lawyer is already running. Both come included in that engagement at no extra charge. Opening an account with no purchase attached is a separate, standalone service covered on bank accounts in Spain.

Why Work With Advisors in Spain

Advisors in Spain handles your purchase or sale directly, from the first consultation to the completion at the notary.

  • Every specialist meets the same standard.

    Every lawyer who works on a case meets the same standard for qualification and experience in Spanish law. If your case is not something we handle, we tell you plainly.

  • Every solicitor works in English or Spanish.

    You explain your purchase or sale once, in English or Spanish, to the solicitor who handles your case.

  • Coordinated support for related matters.

    The purchase or sale, the tax filings it triggers, and whatever follows: we coordinate related requirements, with responsibility and scope agreed for each service.

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