For international buyers in Spain, in English. Updated October 2026.

Property lawyers in Spain

A property in Spain is a safer purchase when someone independent checks it before you pay. We are Spanish real estate lawyers who act only for you: we negotiate the price, review the property, agree the contracts, attend the notary with you (or sign for you if you cannot travel) and register the home in your name. Never for the agent, never for the seller.

We act for buyers throughout Spain, with experience in Madrid, Barcelona, Seville, Marbella, the Costa del Sol and Cádiz. Our fee is between 1% and 1.5% of the purchase price plus VAT, confirmed in writing before we start.

David Peralta, property lawyer in Spain
Your lawyer
David Peralta
Lawyer · Managing Partner · ICAS no. 15174
Leads our real estate practice. Over 10 years advising international buyers, from apartments to villas, hotels and country estates.
10+years of experience
4.8★121 Google reviews
EN · ESservice in English
All of Spainpurchases nationwide
1-1.5%fee plus VAT
On this page
Quick answers

The short answers to what clients ask first

Short, checked answers for international buyers and sellers. Each one is explained in full further down the page.

How much does a property lawyer cost?
Our fee is between 1% and 1.5% of the price plus VAT, depending on the complexity, confirmed in writing before we start. On a €400,000 purchase, €4,000 to €6,000 plus VAT.
What taxes do I pay when I buy?
Resale homes pay transfer tax (ITP) set by each region: 7% in Andalusia, 6% in Madrid. New builds pay 10% VAT plus stamp duty, 1.2% in Andalusia.
How much should I budget on top of the price?
For a resale home, roughly 8% to 13% of the price, depending on the region. A new build or a complex purchase can cost more.
Can I buy without travelling to Spain?
Yes. You sign a power of attorney before a notary in your country, with an apostille, or at a Spanish consulate, and we sign the deed for you.
Does buying a home give me residence?
No. The Golden Visa closed to new applications on 3 April 2025. Non-EU owners can stay 90 days in any 180 as visitors unless they hold a visa.
What if I sell as a non-resident?
The buyer withholds 3% of the price and pays it to the Spanish tax agency. You then declare the gain and can recover any excess withheld.
As seen on
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Recognised by
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Best Lawyers
Acquisition International
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Found a property?

Send it to us before you sign anything

Tell us the property, the price and the stage you are at. A lawyer reads your message and replies within 24 hours on working days, in English, with what needs checking and a written quote.

Guaranteed reply within 24 hours. By submitting you accept the processing of your data under our privacy policy. Your data will not be shared with third parties or used for commercial purposes.

Who does what

Lawyer, notary or gestor?

In Spain the person you would call a solicitor is an abogado: a lawyer registered with a Spanish Bar who acts for you. The notary is a different professional, and confusing the two is the most common mistake foreign buyers make.

01
Your lawyer (abogado)
Acts only for you. Checks the property, negotiates, drafts or reviews the contracts and protects your money until the deed is signed.
02
The notary (notario)
A public official who is impartial between buyer and seller. Checks identities and the legal form of the deed, not whether the deal is good for you.
03
The Land Registry
Records who owns the property and its charges. Registration protects you against third parties.
04
The gestor
Handles administrative paperwork. Useful, but cannot give legal advice or represent you in a dispute.
Do I need a lawyer?It is not compulsory, but it is the only professional in the purchase who works exclusively for you. The estate agent is paid by the sale, and the notary must remain neutral.
What we do

What does a property lawyer do from the offer to the keys?

We take the whole operation from beginning to end, or only the part you need. We advise private buyers and sellers, investors, construction companies and renovation firms.

01
Offer and negotiation
We draft the offer letter and negotiate the price and terms from the start, when you ask us to. Many lawyers leave this to the agent.
02
Legal review and contracts
Title, debts, planning and licences checked, and the reservation, arras and deed drafted or reviewed for you.
03
Taxes calculated in advance
The exact taxes of your purchase or sale before you commit, and advice on the foreign investment declaration when it applies.
04
Your mortgage
We accompany you through the process and review the conditions each bank offers before you accept.
05
With you at the notary
We attend the signing in person with you, or sign for you with a power of attorney if you cannot travel.
06
Rentals
Rental contracts drafted for landlords and tenants, and disputes and evictions when a tenancy goes wrong.
Buying

How do you buy in Spain, step by step?

A typical resale purchase takes six to twelve weeks from reservation to completion. These are the stages, and what we do at each one.

01
Offer and reservation
We can draft your offer letter and negotiate the price and terms for you, a step many lawyers leave to the agent. If you pay a reservation deposit, send us the document before you sign: some are already binding.
02
NIE and bank account
You need a foreigner identification number (NIE) and, usually, a Spanish bank account. We can obtain the NIE for you with a power of attorney.
03
Legal review
We check title, charges, debts, planning, licences and the community of owners. This is where problems appear, before you are committed.
04
Private contract (arras)
It fixes the price, dates and conditions, usually with a deposit of around 10% of the price. With penitential arras, the buyer who withdraws loses the deposit and the seller who withdraws returns double.
05
Mortgage
If you borrow, we accompany you through the process and review the conditions each bank offers before you accept. Non-residents are usually offered a lower loan to value than residents.
06
Completion and registration
We attend the notary with you in person, or sign for you with a power of attorney. Then we pay the taxes, register the property in your name and transfer the utilities.

Before the notary: the deed must state how the price is paid. Payments are made by bank transfer or banker’s draft, and we check that the payment method complies with the legal limits on cash.

What we check

What does your lawyer check before you commit?

Most expensive surprises in Spanish property can be found in public records before you sign. This is our checklist for every purchase.

  • Title and charges: the Land Registry extract (nota simple) shows the owner, mortgages, embargoes and any other charge.
  • Cadastre and reference value: the official description of the property and its reference value, which since 2022 is the minimum base for transfer tax.
  • Community of owners: the seller must provide a certificate of debts. The buyer is liable for unpaid fees of the current year and the three previous years.
  • Local property tax (IBI): unpaid IBI follows the property, so we ask for the latest receipts.
  • Planning and licences: that the house, extensions and pool are legal or covered by the rules on older buildings.
  • Community minutes: special levies already approved by the owners, which can change the real cost of the purchase.
  • Coastal law: for properties near the sea, whether they are affected by the public coastal zone.
  • Tenants, tourist use and energy certificate: who occupies the property, whether it may be let to tourists and the mandatory energy rating.
Illegal builds in AndalusiaBuildings finished without a licence can sometimes be recognised as AFO, a status under the Andalusian planning law that allows them to remain with conditions. The general time limit for the authorities to act is six years, but not on protected land. It does not legalise the building, and it affects price, finance and resale.
Off-market and private salesWithout an agent the checks are the same, and the contract is even more important. We draft it for you.
If the purchase is not viableWe tell you before you commit to the seller. Your funds on account stay as credit for up to two further purchases within two years.
From our files

What problems do we find before our clients pay?

These are the issues that appear most often in the purchases we review. None of them is rare, and all of them are cheaper to solve before you sign.

01
Extensions that are not on the deeds
A pool, a porch or an extra bedroom built without a licence or never declared. It changes the price, the mortgage valuation and what you can do later.
02
Registry and cadastre that do not match
Different surface areas or boundaries in each record. It is usually fixable, but it should be fixed before completion, not after.
03
A seller who has not completed an inheritance
The owners are the heirs of someone who has died, and the inheritance has not been accepted or registered. The sale cannot be completed until it is.
04
Debts that follow the property
Community fees, local tax and, sometimes, an old mortgage that was paid but never cancelled in the Registry.
05
Tenants or occupants
A lease that survives the sale, or a property occupied without title. Both must be resolved before you pay.
06
A holiday let without a valid licence
A licence promised in the advert that does not exist, has been revoked or cannot be transferred to your use.
Taxes and costs 2026

How much are purchase costs in each region?

The biggest cost of buying is tax, and it depends on where the property is. A resale home pays transfer tax (ITP). A new home bought from the developer pays 10% VAT plus stamp duty (AJD). These are the general rates for 2026.

RegionResale: transfer tax (ITP)New build: stamp duty (AJD), plus 10% VAT
Andalusia7%1.2%
Madrid6%0.75%
Catalonia10% to 13% by price bands1.5%
Valencia region9% (11% on the whole price above €1M)1.4%
Balearic Islands8% to 13% by price bands1.5%
Canary Islands6.5%0.75% (IGIC instead of VAT)
Murcia7.75%1.5%
Galicia8%1.5%
Castilla-La Mancha9%1.5%
Castilla y León8%, and 10% above a threshold1.5%
Aragón8% to 10% by price bands1.5%
Asturias8% to 10% by price bands1.2%
Cantabria9%1.5%
Extremadura8% to 11% by price bands1.5%
La Rioja7%1%
Navarre and Basque CountryOwn regional rulesOwn regional rules

General rates for 2026 according to the Spanish Ministry of Finance. Reduced rates exist for young buyers or main homes, but they rarely apply to second homes bought by non-residents. The tax base is the price or the official reference value, whichever is higher.

Other costs

  • Notary and Land Registry: set by regulated scales that depend on the price.
  • Legal fees: between 1% and 1.5% of the purchase price plus VAT, depending on the complexity of the matter.
  • Mortgage: the bank pays most of the costs of the mortgage deed, and you pay the valuation.
  • Gestoría and utilities: smaller items we include in your budget.

As a rule of thumb

For a resale home, budget roughly 8% to 13% on top of the price, depending on the region. A new build or a complex purchase can exceed it. For example, on a €400,000 resale home in Andalusia the transfer tax is €28,000. We give you the exact figure for your purchase in writing.

Purchase cost calculator

An estimate of the taxes and our fees on your purchase, with the rates in the table above. We confirm the exact figure in writing.

Not included: notary and Land Registry, set by regulated scales that depend on the price, and mortgage costs. Navarre and the Basque Country have their own rules. Figures as of October 2026.

New build and off-plan

Is it safe to buy from a developer or off plan?

Off-plan purchases are attractive and well protected by Spanish law, if the protections are actually in place. We check them before any money leaves your account.

01
Your stage payments
Since the building licence, the developer must guarantee every payment you make, plus VAT and interest, with an insurance policy or a bank guarantee, and the money must go to a special account. If the home is not delivered, you can claim against the guarantor.
02
Defects after delivery
Builders answer for structural defects for ten years, backed by compulsory insurance, for habitability defects for three years and for finishes for one year.
03
Taxes
A new home pays 10% VAT and stamp duty instead of transfer tax. In the Canary Islands, IGIC replaces VAT.
04
Completion
We check the licence or responsible declaration of first occupation, the division into flats, the release of the developer’s mortgage and the final measurements before you sign the deed.
Country homes

What should I check before buying a finca or rural land in Andalusia?

A country house is a different purchase from an apartment. Rural land has its own planning rules, and many cortijos were extended over decades without licences.

  • Classification of the land: rural land (suelo rústico) restricts what can be built, rebuilt or used for tourism.
  • Water and access: whether the well, the water rights and the access road are legal and registered, or just used for years.
  • Boundaries: the real boundaries, the registered surface and the cadastre often differ on large plots.
  • Buildings: whether each building is legal, recognised as AFO or exposed to action by the authorities.
Olive groves and farmsAgricultural land may carry rights of first refusal for neighbouring farmers and, in some cases, subsidies and leases that pass to the buyer. We check them with the farm records.
Rural tourismTurning a cortijo into a rural holiday let needs its own registration and conditions. We check whether it is possible before you buy, not after.
Buying from abroad

Can I buy in Spain without travelling?

Most of our international clients complete without travelling. You sign a power of attorney once, and we handle the rest.

Power of attorney

Signed before a notary in your country with a Hague apostille, or at a Spanish consulate. The United Kingdom, Ireland, the United States, Canada and the Nordic countries are part of the Hague Convention. We send you the Spanish text in advance with an English translation, and arrange a sworn translation when one is needed.

Your NIE

It can be applied for at a Spanish consulate abroad or in Spain. With your power of attorney, we apply for it on your behalf.

Money and banksSpanish notaries must identify who pays and where the money comes from. Plan the transfer of funds early: banks can take days to clear international payments, and the completion date depends on it.
Mortgages for non-residentsSpanish banks lend to non-residents, usually with a lower loan to value than residents, so expect to contribute a larger part of the price yourself. We review the offer before you accept it.
Whose name?

Should I buy as a couple, with family or through a company?

How the property is registered decides who can sell it, who inherits it and how it is taxed. It is easy to decide at the notary and difficult to change later.

01
Couples
For married couples, we establish which matrimonial property law applies and how ownership is recorded in the deed: nationality alone does not always decide it. Unmarried couples buy in shares, usually 50/50, or in the proportion each pays.
02
Parents and children
Buying together, or paying for a home in your child’s name, has tax effects. We structure it so it is not treated as an undeclared gift.
03
Through a company
Sometimes useful for investors or several owners, but it changes the taxes on purchase, ownership and sale. We compare it with buying in your own name before you decide.
Selling

What taxes do I pay when selling as a non-resident?

Selling a Spanish home from abroad has three tax steps that catch many owners by surprise. We handle them, together with the contract and the deed.

01
3% withheld by the buyer
The buyer keeps 3% of the price and pays it to the Spanish tax agency within a month. It is a payment on account of your tax, not the tax itself.
02
19% on the gain
Non-resident sellers, from the EU or not, pay 19% on the gain: sale price minus purchase price, costs and improvements. You file within about four months of completion and recover any excess.
03
Municipal plusvalía
A local tax on the increase in land value, calculated in the way that is more favourable to you. No gain, no tax. The buyer usually pays it on your behalf and deducts it.

A worked example

You sell for €400,000 a home you bought for €250,000, and costs and improvements add up to €10,000. The gain is €140,000 and the tax at 19% is €26,600. The buyer has already paid €12,000 for you (3% of the price), so you pay the remaining €14,600, plus the municipal plusvalía.

Reinvestment reliefResidents of the EU and EEA who sell their former main home and buy a new one can be exempt. Residents of the United Kingdom, the United States and Canada cannot apply it.
Owning

What does owning a home cost a non-resident?

Imputed income tax
Even if you do not let the property, you pay tax on a notional income of 2% of the cadastral value (1.1% if it was revised recently): at 19% if you live in the EU or EEA and at 24% if you live elsewhere, including the UK, the US and Canada. It is filed each year.
Rental income
If you let the property, you pay tax on the rent instead, and the rules on deductible expenses depend on where you live.
IBI and wealth taxes
IBI is the annual local property tax. Non-residents may also be liable for Spanish wealth tax and the solidarity tax on high-value assets in Spain, depending on thresholds, exemptions and regional rules. We check whether you must file and pay.
After completion

What happens after you buy?

Completion is not the last step. These are the tasks that follow, and we handle them for you as part of the purchase.

  • Registration: the deed is presented to the Land Registry and returned to you once registered.
  • Utilities: electricity, water and internet transferred to your name, with direct debits from your Spanish account.
  • Local tax and community: IBI and community fees set up by direct debit, so nothing falls into arrears.
  • Insurance: home insurance from completion, and life insurance only if your mortgage requires it.
  • Annual tax return: non-resident owners file each year, even if the property is not let.
  • A Spanish will: limited to your assets in Spain and compatible with your will at home.
  • Residence: if you plan to spend more than 90 days in any 180 in Spain, the visa comes before the move.
  • Lettings: tourist registration and long term rental contracts if you plan to let the property.
Family

How are inheritances and gifts of Spanish property taxed?

Spanish property is inherited under Spanish procedures, whatever your nationality. Planning ahead saves your family months and tax.

  • Regional allowances for non-residents: since European and Spanish Supreme Court rulings, heirs living outside Spain can use the regional allowances, including outside the EU.
  • Andalusia: spouses, children and parents have a 99% relief on inheritance and gift tax.
  • Which law applies: under the EU Succession Regulation you can choose the law of your nationality in your will, also as a British or American national.
  • A Spanish will: not compulsory, but it makes the process for your heirs in Spain much faster.
Giving the property to your childrenA gift in life may be taxed for your children as a gift, and for you as if you had sold the property, plus municipal plusvalía. Depending on the region and the values, it can be better to wait, to sell or to give part. We calculate the options before you decide.
Holiday lets

Can I buy a property to let to tourists?

A tourist licence is one of the most valuable features of a coastal property, and one of the most frequently misrepresented. Check it before you buy.

01
Regional registration
Holiday lets are registered with the region. In Andalusia, in the Andalusian Tourism Register, and some towns limit new licences.
02
The national register
The Supreme Court annulled the national short-term rental register in May 2026. The regional registration remains the one that counts.
03
Your neighbours
Since April 2025, a new tourist let in a building needs the prior approval of three fifths of the owners, who can also restrict it.
International buyers

What changes if you buy from the US, the UK or Canada?

Can I own property in Spain?
Yes. There is no general restriction on foreign buyers, with limited exceptions in military security zones.
British buyers after Brexit
You can buy freely, but you count as non-EU: 90 days in any 180 as a visitor, 24% on imputed income and no reinvestment relief when you sell.
American and Canadian buyers
Powers of attorney need an apostille, and international transfers need early planning. Your home country may also tax the property: we coordinate with your adviser.

Owning a home does not give the right to live in Spain. If you plan to stay more than 90 days in any 180, see our immigration lawyers in Spain.

Residence

Does buying still give a Golden Visa?

No. Spain stopped accepting investor residence applications on 3 April 2025, so buying property, whatever its price, no longer grants residence. Some websites still offer it: ask in writing what law they rely on. The usual alternatives are the non-lucrative visa and the digital nomad visa, explained in our immigration guide.

Disputes

What if something goes wrong?

Not every purchase ends well. When the other side fails to keep its word, we act for you in negotiation and, if necessary, in court.

01
Late delivery of a new home
Buyers against developers that miss the delivery date: completion of the works, or termination and return of the payments with interest from the guarantee.
02
Hidden defects
Damp, pests and other defects that were not visible when you bought a resale home. The claim must be brought within six months of delivery.
03
Breach of the arras contract
Conditions agreed and then not met: a home sold furnished delivered empty, or furniture removed before completion.
04
Landlords and tenants
Disputes between landlords and tenants, unpaid rent and evictions.
Act quicklySome claims have very short deadlines. If you discover a problem after buying, contact us before you repair it, so the evidence is preserved.
Track record

Recent matters

Some of the operations we have advised on. Client details remain confidential.

01
A villa of over €2.5 million
Purchase of a villa in the province of Seville, advised from beginning to end.
02
Hotel buildings in Cádiz
Sale and purchase of hotel buildings, with the property and business sides handled together.
03
Homes on the Costa del Sol
Residential purchases along the coast, including Mijas and Fuengirola.
04
Builders, landlords and tenants
Advice to construction and renovation companies, and disputes with landlords, including evictions.
Fees

How much does a property lawyer cost in Spain?

Our fee for full advice on a purchase is between 1% and 1.5% of the purchase price plus VAT, depending on the complexity of the matter, confirmed in a written proposal before we start. It covers the legal review, the negotiation, the contracts, the signing at the notary and the registration.

1-1.5% +VAT
of the purchase price, depending on the complexity of the matter. For example, on a €400,000 purchase, between €4,000 and €6,000 plus VAT.
  • Consultation: €120 to €150 including VAT, depending on the type of consultation.
  • Sales, inheritances and other matters: fixed quote in writing before we start.
  • Limited services: such as reviewing only the reservation or arras contract, quoted separately.
  • If the purchase is not viable: your funds on account stay as credit for up to two further purchases within two years.
IndependentWe do not pay or receive commissions from estate agents, developers or banks, and we do not share our fees with them.
Why a Spanish law firm

Spanish lawyers on your side of the table

01
Registered in Spain
Your purchase is handled by lawyers registered with the Seville Bar, not by an agency or an intermediary that subcontracts the work.
02
One lawyer, in English
The same lawyer from the first call to the keys, who answers your emails and explains every document in English.
03
Independent
No commissions from agents, developers or banks. Our only client is you.
04
Your whole move
Purchase, residence, company, wills and tax in one firm, with one plan for your life in Spain.
Where we work

Throughout Spain, with roots in Andalusia

We advise on purchases throughout Spain, including Madrid and Barcelona, with particular experience in Andalusia, where we know every registry, planning department and notary well. We meet clients in Seville, Marbella and Cádiz, and by video call wherever they are.

Seville and western Andalusia →
City flats, villas in the Aljarafe and country estates.
Marbella →
The new town plan, AFO and luxury purchases.
Costa del Sol →
Estepona, Fuengirola, Mijas, Benalmádena and Málaga.
Cádiz and the Costa de la Luz →
Chiclana, Conil, Vejer, Tarifa and rural homes.
Client reviews

International buyers
who bought in Spain with us

4.8
★★★★★
119 verified Google reviews
★★★★★
«We bought our home in Seville from London and never needed to visit Spain until the keys handover. Peralta Rojas managed everything with the power of attorney. Every email was answered the same day. Could not have been smoother.
T
Tom and Sarah K.
UK · Apartment purchase in Seville
★★★★★
«We were buying a boutique hotel in Cádiz and needed a firm that understood both the real estate side and the business structure. Nicolás and David worked together seamlessly. The VUT and tourism licences were all verified before we signed.
M
Michael and Fiona B.
Ireland · Hotel acquisition in Cádiz
★★★★★
«I invested in a tourist apartment in Marbella from the US. David’s team flagged a community bylaw restricting tourist rentals that the estate agent had not mentioned. That warning saved me from a very expensive mistake.
A
Andrew L.
USA · Tourist apartment on the Costa del Sol
Guides

Guides for international owners

In-depth answers for owners and heirs, written and reviewed by our lawyers.

Selling property in Spain as a non-resident →The 3% withholding, capital gains tax, the municipal plusvalía and a worked example.Inheriting property in Spain as a foreigner →Wills, probate, the EU Succession Regulation and Andalusian inheritance tax, with deadlines and documents.Buying property in Marbella →Taxes, fees and the checks that matter most on the Costa del Sol.
Where we act

Based in Seville, acting across Spain

Our office is in Seville. We act for clients anywhere in Spain and travel wherever your matter requires: to the property, the notary or the court. If you are abroad, we work by video call, and a power of attorney lets us sign for you.

Where we have acted
MadridBarcelonaValenciaGranadaCanary IslandsHuelvaCosta del SolCádizSevilleand many more

On the coast: our Costa del Sol office and our Cádiz office.

Who wrote this page

Written and reviewed by a Spanish lawyer

David Peralta Rojas
Lawyer · Managing Partner · Seville Bar (ICAS) no. 15174

Leads our real estate practice. Over 10 years advising international buyers and sellers in Spain, from apartments to hotels and country estates, in English and Spanish.

Last reviewed on 9 October 2026. You can check any Spanish lawyer, including us, in the Spanish Bar Council’s public register, the Censo General de Letrados. David on LinkedIn.

Frequently asked questions

Questions from international buyers and sellers

Can I use the lawyer recommended by the estate agent or the developer?+
You can, but check that the lawyer acts only for you and is paid only by you. A lawyer who depends on referrals from the agent or the developer may be less willing to stop a sale. Ask in writing whether they receive any commission or referral fee. We do not pay or receive commissions from estate agents, developers or banks.
What is an AFO property, and should I buy one?+
AFO (asimilado a fuera de ordenación) is the status in Andalusia of a building put up without a licence once the time to restore planning legality has passed. It can be registered and connected to utilities, but works are generally limited to repairs and conservation, many banks will not lend on it or will lend less, and it can complicate a tourist licence or a later sale. We check the AFO resolution and the planning status before you commit. The rules are in Andalusia’s Law 7/2021 (LISTA).
How do I check that a lawyer in Spain is genuine?+
Every practising lawyer in Spain must be registered with a Bar Association (Colegio de Abogados). Ask for the full name and bar number and check them in the Spanish Bar Council’s public register, the Censo General de Letrados, or with the local Bar. Be wary of anyone who asks you to send a deposit to a personal account or changes bank details by email. Our lawyers: David Peralta Rojas, Seville Bar (ICAS) no. 15174, and Nicolás Hernández Romero, Seville Bar (ICAS) no. 15926.
How much does a power of attorney cost in Spain?+
At a Spanish notary, a power of attorney to buy or sell usually costs between €50 and €100. If you sign it abroad, add the local notary, the apostille under the Hague Convention and, unless it is bilingual, a sworn translation, so the total depends on the country. A Spanish consulate can also grant it. We send you the draft first, so you only sign once.
If I own a home in Spain, how long can I stay?+
Owning a home does not give you residence. EU citizens can live in Spain and register as residents. Non-EU owners, including British and American buyers, can stay up to 90 days in any 180-day period as visitors; to stay longer they need a visa, such as the non-lucrative or the digital nomad visa. See our immigration lawyers in Spain.
How much does a property lawyer cost in Spain?+
Our fee for full advice on a purchase is between 1% and 1.5% of the purchase price plus VAT, depending on the complexity of the matter, confirmed in writing before we start. A consultation costs €120 to €150, VAT included, depending on the type of consultation.
Do I need a lawyer to buy property in Spain?+
It is not compulsory, but your lawyer is the only professional in the purchase who works exclusively for you. The notary is impartial and the agent is paid by the sale.
What is a Spanish solicitor called?+
An abogado: a lawyer registered with a Spanish Bar. The notario is a public official who authorises the deed and does not represent either party.
Do I need a lawyer to sell a property in Spain?+
It is highly advisable, especially as a non-resident: the 3% withholding, the capital gains return and the municipal plusvalía have to be handled correctly to avoid penalties and to recover any excess.
How much tax do I pay if I sell my Spanish property?+
As a non-resident, 19% on the gain, whether or not you live in the EU, plus the municipal plusvalía. The buyer withholds 3% of the price on account of your tax, and you file the final return within about four months of completion.
What taxes do I pay when buying?+
For a resale home, transfer tax at the rate of the region: 7% in Andalusia, 6% in Madrid, from 10% in Catalonia. For a new home, 10% VAT plus stamp duty. For a resale home, budget roughly 8% to 13% on top of the price; a new build or a complex purchase can exceed it.
Can I own property in Spain as a US or UK citizen?+
Yes. There is no general restriction on foreigners buying property in Spain, with limited exceptions in military security zones.
Can I buy without travelling to Spain?+
Yes. With a power of attorney signed in your country and apostilled, we obtain your NIE, carry out the checks, sign the deed and register the property for you.
Should I sign a reservation or arras contract before the legal checks?+
Ideally not. If time is short, sign it with conditions that let you recover your deposit if the checks reveal a problem. We review it the same day.
Can I transfer my Spanish property to my son without paying taxes?+
Rarely without any tax. A gift is taxed for the child and, for you, as if you had sold, plus municipal plusvalía. In Andalusia children have a 99% relief on gift tax, so the calculation can be favourable. We compare gift, sale and inheritance before you decide.
Does buying property give me a Golden Visa?+
No. Spain closed the Golden Visa to new applications on 3 April 2025. Buying property no longer grants residence.
What if the house has an illegal extension or no tourist licence?+
It affects the price, the mortgage and your future plans. We check planning status and licences before you commit, and negotiate the price or conditions if something is missing.
How long does buying a property in Spain take?+
A resale purchase usually takes six to twelve weeks from reservation to completion. Off-plan purchases follow the construction schedule.
Who pays the community debts of the seller?+
The seller must provide a certificate of debts at completion. If debts are not paid, the property answers for the current year and the three previous years, which is why we check them first.
Do I pay tax every year as a non-resident owner?+
Yes. Imputed income tax on your Spanish home, at 19% for EU and EEA residents and 24% for others, plus the local IBI. If you let the property, you pay tax on the rent instead.
Can I get a mortgage in Spain as a non-resident?+
Yes. Spanish banks lend to non-residents, usually with a lower loan to value than for residents. We review the offer and the deed.
Do you work outside Andalusia?+
Yes. We advise on purchases throughout Spain, including Madrid and Barcelona. If you cannot travel, we act for you with a power of attorney, from the checks to the signing at the notary.
Do you negotiate the price for me?+
Yes, when you ask us to. We can draft the offer letter and negotiate the price and the terms with the seller or the agent, before any contract is signed.
Do you come to the notary with me?+
Yes. We attend the signing in person with you, which we consider essential. If you cannot travel, we sign on your behalf with a power of attorney.
What is a nota simple?+
An extract from the Land Registry showing who owns the property, its description and any mortgages, embargoes or other charges. It is the starting point of the legal review, not the whole of it.
What can I do if the seller breaches the arras contract?+
It depends on the contract. If agreed conditions are not met, for example the home was sold furnished and the furniture is removed, you can claim performance or compensation, and the deposit rules of the contract come into play. We have handled these disputes.
I found damp or pests after buying. Can I claim?+
Possibly, under the rules on hidden defects, if the defect existed before the sale, was not visible and makes the home unfit or much less valuable. The deadline is short: six months from delivery.
What if the developer does not deliver my new home on time?+
Your payments should be guaranteed by an insurance policy or bank guarantee. Depending on the contract and the delay, you can demand completion or terminate and recover your payments with interest.
Do you handle the foreign investment declaration?+
Yes. Where a purchase by a non-resident must be declared to the Spanish foreign investment register, we advise you on it and on its filing.
Do you speak English?+
Yes. Your lawyer works with you in English from the first call, and every document you sign is explained in English.
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