Common Pitfalls When Buying Property in Spain (and How to Avoid Them)

PCC Legal
August 27, 2025

Introduction

Buying property in Spain is a dream for many expats, but navigating the legal process can be complex. This comprehensive guide explains the conveyancing process, common pitfalls, and how PCC Legal ensures a smooth, stress-free experience.

1. Understanding Conveyancing in Spain

Conveyancing is the legal process of transferring ownership from the seller to the buyer. In Spain, this involves several steps:

Step-by-Step Process

Offer & Reservation Contract – The buyer makes an offer, and once accepted, a reservation deposit (typically €3,000–€6,000) secures the property.
Legal Searches – Ownership, planning permissions, debts, and cadastral boundaries are checked.
Private Purchase Contract (Contrato de Arras) – Usually signed with a 10% deposit.
Mortgage Approval (if applicable) – Adds 6–8 weeks to the timeline.
Completion at the Notary – Signing the title deed and registering ownership.

Typical Timelines:

Cash purchases: 4–6 weeks.

Purchases with a mortgage: around 12 weeks.

Find out how PCC Legal Conveyancing Services can ensure your property purchases goes smoothly.

2. Conveyancing Fees Explained

Conveyancing solicitor’s fees vary in Spain. Some firms offer fixed-fee packages, while others charge 1%–2% of the purchase price plus VAT. Always request a full breakdown upfront to avoid surprises.

Typical costs include:

Solicitor’s fees
Notary fees (€500–€1,500)
Land Registry fees (€300–€800)
Taxes (ITP, VAT, AJD)

Make sure you are fully apprised of all buying costs by reading our free PCC Legal Fees guide

3. The Importance of Property Searches

Skipping searches is one of the biggest risks expats face. Essential searches include:

Nota Simple ownership verification
Outstanding debts and community fees
Urban planning licences
Cadastral map checks
Legal compliance for rural builds

Case Study: A client once nearly purchased a property built without planning permission — PCC Legal’s due diligence uncovered this, saving them €80,000. Find out more about conveyancing and property searches here.

4. Tax & Financial Planning

Property purchases come with significant tax implications. Buyers may face:

ITP on resales
VAT & Stamp Duty on new builds
Plusvalía tax (sometimes negotiable)
Annual non-resident income tax

Tip: Speak to PCC Wealth early to plan your tax strategy.

5. Common Legal Pitfalls

The biggest risks include:

Buying properties with illegal builds
Failing to verify rural planning permissions
Overlooking unpaid community fees
Relying on the seller’s solicitor instead of your own

Working with an independent, English-speaking lawyer mitigates these risks, find out more about how PCC Legal’s conveyancing experts can guide you through the process.

6. Remote Buying: Power of Attorney

Expats often purchase properties from abroad using Power of Attorney (POA). This authorises PCC Legal to:

Sign contracts
Finalise notary documents
Pay relevant taxes

For more information, read our article Power of Attorney in Spain: A simple solution for managing your legal affairs.

Frequently Asked Questions

How does conveyancing work in Spain?

Your solicitor conducts property searches, drafts contracts, coordinates with the notary, and registers your ownership.

Are conveyancing fees fixed in Spain?

Some firms offer fixed-fee packages; others charge a percentage. PCC Legal offers both options.

Can conveyancing be completed in 4 weeks?

For cash buyers, yes — 4–6 weeks is realistic. With a mortgage, expect 12 weeks.

What conveyancing searches do I need?

Ownership, debts, planning permissions, boundaries, and community fees are essential checks.

Do I need an NIE before buying?

Yes, an NIE (tax identification number) is required to complete the purchase.

Can I buy property in Spain remotely?

Yes, via Power of Attorney, PCC Legal can manage the entire process.

Why Choose PCC Legal as your real estate lawyers?

With PCC Legal, you get:

Transparent, fixed-fee packages
A dedicated expat-focused legal team
Integrated support via PCC Property, PCC Wealth, and PCC Insurance

Contact PCC Legal Today

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