Dreaming of a home under the Spanish sun? Buying property in Spain can be an exciting venture for expats. However, it’s crucial to navigate Spanish property law and the conveyancing process in Spain carefully to ensure a smooth transaction. This guide outlines the legal essentials, from initial steps to final deeds, and outline the benefits of engaging an experienced real estate property lawyer, so you can purchase your Spanish property with confidence.
Spain generally welcomes foreign buyers, so you don’t need to be a resident to purchase property. The main requirement is obtaining a Número de Identificación de Extranjero (NIE) – a foreigner’s identification number used for all legal and tax matters. An NIE is essential for signing deeds, paying taxes, and even setting up utilities.
Hiring an independent English-speaking lawyer is highly recommended. Ideally this should be an experienced real estate lawyer who speaks your language and is familiar with Spanish property law. This experience will enable them to safeguard your interests, explain any terms in plain English, and handle the conveyancing process on your behalf. This professional guidance is invaluable, especially in popular areas like the Costa del Sol where many expats buy homes.
Buying property in Spain involves a series of legal steps. Below is an overview of the typical conveyancing in Spain process for expats:
Once you find your ideal villa or apartment – perhaps through PPC Property – you’ll typically make an offer through the estate agent. If the offer is accepted, it’s wise to immediately engage your lawyer to begin preliminary checks on the property.
It’s common to sign a reservation agreement and pay a small holding deposit (often a few thousand euros) to take the property off the market. This reservation contract confirms the seller’s commitment while your solicitor conducts initial due diligence.
Your lawyer will perform thorough checks on the property’s legal status. This includes verifying the title in the Land Registry (Registro de la Propiedad) to ensure the seller really owns the property and checking for debts or encumbrances. They also ensure there are no planning or building irregularities or hidden tenants’ rights that could affect your purchase.
After due diligence is satisfactory, both parties sign a private purchase contract, commonly an arras agreement. This contract outlines the purchase terms and is secured with a deposit (typically 10% of the purchase price). Under the standard arras penitenciales, if the buyer pulls out, the deposit is forfeited; if the seller pulls out, they must return double the deposit.
Spain requires property sales to be executed in a public deed before a Notary. On completion day, the Escritura de Compraventa (deed of sale) is signed. The notary ensures the transaction is lawful. Once signed and paid for, you receive the keys – congratulations, you are now the legal owner.
After the notary, your solicitor registers the new title at the Land Registry and handles the payment of taxes. It’s wise to budget about 10–15% extra on top of the purchase price for closing costs (including taxes, notary and Land Registry fees, and legal fees).
Buying a property in Spain comes with certain taxes and fees that expats should budget for:
Need guidance on how to manage the financial aspects of your purchase? PCC Wealth offers cross-border financial advice for expats.
Once your keys are in hand, make sure your new property is protected. PCC Insurance provides expat-friendly cover tailored to homes in Spain.
Buying a home in Spain can be a rewarding investment and a dream come true for many expats. By understanding the process, securing expert legal help, and doing due diligence, you set yourself up for a successful purchase. Spain’s property buying process is safe when navigated correctly – and with the right support, you can soon enjoy your place in the sun, worry-free.
PCC Legal specialises in Spanish property law and provides trusted, English-speaking support for expats. Whether you’re buying in Marbella, La Cala, or anywhere on the Costa del Sol, we’ll guide you through every legal step with confidence.
Speak to our property conveyancing team today or get in touch to find out how you can protect your interests and make the process hassle-free.
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We’ve Moved Offices on 1st August 2025!
Private Client Consultancy is excited to announce that we have moved to a brand-new office space, designed to better serve our clients and reflect our continued growth.
Effective Date: Friday, 1st August 2025
New Address: Urb Jazmin De Miraflores, C. Jazmín, 2, Mijas Costa 29649, Malaga, Spain
Our phone numbers and email addresses remain unchanged.
All in-person meetings scheduled from 1st August onwards will take place at our new location. Please update your records accordingly.
We look forward to welcoming you to our new space!
