1. Preparing and viewing
Set your budget in advance, including the extra costs of roughly 10 to 12% of the purchase price for a resale home. Apply for your NIE number before you travel for viewings: without it you cannot sign at the notary, and often cannot open a Spanish bank account either.
Plan your viewings over a few days and, if possible, see a property at different times of day. Pay attention to sun, noise, access and parking: things that photos do not show.
2. Offer and reservation
Once your offer is accepted, a reservation agreement with a small deposit is often signed. The property is then taken off the market for a short period so that your lawyer can carry out the checks.
3. Legal checks by an independent lawyer
In Spain the notary mainly checks the identity of the parties and the legality of the deed. The thorough investigation of the property is done by your own lawyer. Choose a lawyer who is independent of the seller and the agent.
- ownership, mortgages and charges, via an extract from the Land Registry (nota simple)
- whether the Land Registry, the cadastre and the actual property match
- building and occupancy licences, and any breaches of planning rules
- paid municipal property tax (IBI) and community fees of the owners’ association
- for holiday rentals: whether the property can be entered in the tourist register
4. Private purchase contract (contrato de arras)
After the checks, buyer and seller sign a private purchase contract, usually with a deposit of around 10% of the price. Under the usual form (arras penitenciales), the buyer loses the deposit if they withdraw; if the seller withdraws, they repay double. The contract also sets the date and conditions of the notarial deed.
5. Notarial deed and registration
At the notary you sign the title deed (escritura de compraventa) and pay the balance, usually by banker’s draft or transfer from a Spanish account. You receive the keys at that moment. The taxes are then paid and the deed is entered in the Land Registry (Registro de la Propiedad). Only then are you the owner towards third parties as well.
If you cannot travel to Spain yourself, you can authorise someone with a notarial power of attorney. This can also be drawn up in your home country, provided it is properly legalised (apostille) and translated. Your lawyer will tell you which form is needed.
6. After the purchase
Transfer water, electricity and internet into your name and set up direct debits for recurring costs. Remember that you may also need to declare your Spanish property in your home country.
Frequently asked questions
How long does buying a property in Spain take?
It depends on the checks and the financing. Without a mortgage or legal issues, the period between accepted offer and notary is often a few weeks; with a Spanish mortgage it usually takes longer.
Do I need to be present at the notary?
No. With a notarial power of attorney, your lawyer or another trusted person can sign on your behalf.
Is a lawyer mandatory?
Not by law, but strongly recommended. The Spanish notary does not carry out the full investigation of the property that you might expect elsewhere.