Spanish Real Estate Conveyancing and Legal Guide

Buying property in Spain involves a detailed legal process that can seem overwhelming, especially for foreign buyers. At CasaEspanha, our experienced multilingual team guides you through every legal step to ensure a smooth, secure transaction. From due diligence and contracts to taxes and registration, we handle the complexities so you can focus on your new home.

The Legal Purchasing Process in Spain

The process of buying property in Spain includes several important stages that must be carefully managed to protect your interests.

Legal Checks and Due Diligence

Before purchasing, thorough legal checks are essential. These confirm there are no debts, liens, or legal disputes attached to the property. We work with trusted lawyers who specialize in Spanish property law to conduct these investigations on your behalf.

Reservation Agreement and Deposits

Once you choose a property, you sign a reservation agreement and pay a deposit to secure it. This deposit is usually non-refundable and varies depending on the property type and purchase stage.

Private Contract of Sale (Contrato Privado de Compraventa)

After legal checks, a private contract is signed between buyer and seller. This contract requires a larger deposit—typically 10% for resale properties or up to 30% for off-plan purchases.

Mortgage Arrangements

If financing your purchase, you’ll finalize mortgage arrangements during this phase. Our team can connect you with reputable Spanish banks to obtain competitive rates and help with paperwork.

Completion and Notary Signing (Escritura de Compraventa)

The final step involves signing the public deed of sale before a notary, officially transferring ownership. The remaining balance is paid, and the transaction is registered at the Land Registry to secure your property rights.

Taxes, Fees, and Additional Costs

Purchasing property in Spain involves several taxes and fees, typically amounting to 8-12% of the purchase price. Understanding these costs upfront helps avoid surprises.

  • Transfer Tax (ITP): Applied on resale properties, ranging from 6% to 10% depending on the region.
  • VAT (IVA) and Stamp Duty: New properties are subject to 10% VAT plus 1.5% stamp duty.
  • Notary Fees: Usually between €600 and €1,000 based on property value.
  • Land Registry Fees: Registration costs range from €400 to €700.
  • Legal Fees: Typically 1% to 2% of the purchase price for professional conveyancing services.
  • Mortgage Costs: Includes valuation and application fees when financing the purchase.

For detailed official information on taxes and legal matters, visit the Official Spain Tourism Legal Guide.

Why Choose CasaEspanha for Your Legal Conveyancing Needs?

With over 20 years of international real estate experience, CasaEspanha offers a trusted network of multilingual legal and tax professionals. We coordinate your entire purchase process, minimizing risk and ensuring compliance with Spanish property laws.

Our goal is to make your property purchase as stress-free as possible. For personalized support and expert advice, please contact us today.

Spanish Real Estate Conveyancing

Spanish Conveyancing

We understand that navigating the legalities, residency, taxes, and language in a foreign country can seem overwhelming, but with CasaEspanha, it becomes a seamless experience. Our team of multilingual property professionals specializes in handling these complexities, ensuring that every aspect of your purchase is managed with expertise. From securing the right permits to dealing with Spanish bureaucracy, we take care of the details—so you can focus on finding your dream home and enjoying the journey with confidence.

 

Legal Purchasing Process 

Buying property in Spain involves several steps, taxes, and fees. Understanding this process and associated costs is essential for a smooth transaction.

  • Legal Checks
    Thorough legal checks to ensure there are no debts, liens, or legal issues with the property. Your lawyer will do this for you, we can also recommend qualified lawyers if required. 
  • Reservation Agreement
    Once you’ve chosen a property, a reservation agreement is signed, and a deposit (usually a few thousand euros) is paid to secure the property. This deposit is typically non-refundable.
  • Private Contract of Sale
    After legal checks, a private contract (contrato privado de compraventa) is signed, and a larger deposit (10% for resale properties or 30% for off-plan new builds) is paid.
  • Mortgage Arrangements
    If financing is needed, now is the time to finalize your mortgage with a bank. Our team will guide you through the process to ensure everything is in order.
  • Completion (Escritura de Compraventa)
    The final step is signing the deed of sale (escritura de compraventa) before a notary. The remaining balance is paid, the property is transferred to your name, and the deed is registered in the Land Registry.
 

Property Purchasing Costs 

When buying property in Spain, there are additional taxes and fees that can add approximately 8-12% to the total purchase price, depending on the region. These costs include:

  • Transfer Tax (Impuesto de Transmisiones Patrimoniales, ITP)
    A Spanish tax applied to the purchase of second-hand properties and certain other transactions. The rate typically ranges from 6% to 10% and is paid by the buyer. The exact rate varies depending on the region.
  • VAT (IVA) & Stamp Duty
    For new properties, VAT is 10% of the purchase price, along with 1.5% stamp duty. In the Canary Islands, VAT is lower at 6.5%.
  • Notary Fees
    Notary fees vary depending on the property price and typically range from €600 to €1,000.
  • Land Registry Fees
    Registering the property in the Land Registry costs between €400 and €700, depending on the property’s value.
  • Legal Fees
    Hiring a lawyer is highly recommended, with fees generally ranging from 1% to 2% of the purchase price.
  • Mortgage Costs
    If you need a mortgage, additional costs such as valuation fees, application fees, and mortgage stamp duty will apply. These fees vary depending on the lender and loan amount.

 

Other Possible Costs

When buying property in Spain, it’s essential to budget for extra costs beyond the purchase price. These may include administrative fees, community fees for properties within a development, and ongoing property taxes.

To ensure a smooth and hassle-free experience, working with a trusted real estate agent and legal expert is highly recommended. At CasaEspanha, we have a multilingual team with 20+ years of international real estate experience and a network of  professional partners we can connect you with for all your legal, tax, and residency needs, guiding you every step of the way.

Let us help you navigate the process with confidence—contact us today!

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