Property Law in Spain

Spanish Property Law InfoPoint 

Advocate Abroad is unique in providing access to English-speaking lawyers across Spain with local expert knowledge. Please click on the map to locate an English-speaking lawyer where you plan to purchase your new home in Spain.

The number one cause of financial catastrophe in Spain is, without doubt, failing to secure the services of an independent property lawyer who will ensure that your rights and your investment are protected throughout the conveyancing process.

Below you will find answers to common questions relating to property dealings in Spain. The topics covered relate not just to buying property in Spain but also selling and owning property, property taxes and the tax deductions you may avail of as well as landlord and tenant law.

 

What information do I need before buying a second-hand property in Spain?

There are a number of legal issues that need to be considered before it is prudent to consider purchasing. In particular the vendor must provide the following documentation:

 

  • Registry information regarding the property
  • Receipt of payment of the most recent IBI tax bill (rates bill)
  • Letter from the Community of Owners of the building or complex confirming that the community payments relating to the property are up to date

In addition, the buyer should confirm the following:

  • Name of the current owner of the property
  • If there is any mortgage or other charge over the property
  • The physical property conforms to the description
  • That the land is correctly zoned for building
  • The buyer should also make sure there are no sitting tenants in the property

 

And what if it is a new property?

Before buying a new property it is advisable to confirm the following:

  • The existence of a project license in which the relevant technical department confirms that the building project has been carried-out in accordance with the original  approval originally issued by the town hall
  • That the license of first occupation has been issued
  • The certificate of habitability of the properties should be available
  • Inscription in the property registry of the urbanization along with the necessary insurance for purposes of dealing with any defects in the building work
  • That any sums advanced (via instalments) for the purpose of purchasing a property ‘off-plan’ are protected by bank guarantee.

 

Client Testimonials

Recent Advocate Abroad property lawyer reviews as added by clients directly to the Wufoo client survey platform:

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    Rosemarie Byrne and John Cooper, Dublin Ireland
    Tuesday, October 09, 2018
    We found Francisca extremely helpful with a great amount of knowledge about buying a house and re-locating to Spain.
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    David Roots, England
    Monday, October 01, 2018
    We were very satisfied with the service we received. Rosa dealt with the matter in hand promptly and efficiently.
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    Darren & Gemma Nesbitt, Valencia
    Tuesday, September 11, 2018
    Inmaculada has been of excellent service to us, as a family and in helping to set up a business in Spain. She has now undertaking several project for us and has delivered high quality on all of them. ...Perfect service!
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    Jovie, Malaga
    Wednesday, September 05, 2018
    My lawyer Alvaro was extremely helpful and very efficient. I would definitely recommend his services to friends.
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    Daniel Spitzhorn, Spain
    Tuesday, August 14, 2018
    Miguel in Oviedo helped us during the process of buying a flat in Asturias. He was just brilliant!
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    Tracey Iliffe Bradley, UK
    Tuesday, August 14, 2018
    Rosa dealt with everything efficiently and promptly and went beyond our expectations by helping us to open a Spanish bank account and deal with other minutiae.
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    John Ryan, Derby, England
    Wednesday, August 08, 2018
    A perfect relationship between client and professional. Nothing was too much trouble.

    Went over and above his job and more. I would only use his services if I need legal services. I were very lucky... to find Jose first time round.

    Thank you jose
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    Delbecq, France
    Friday, August 03, 2018
    Cristina, is extremely professional, fast, responsive understand and explain well, she always found appropriate solutions and provide good advices.

    She know how to deal and negotiate, and look self...-confident, and make you feel less stress, you can trust here.

    The value for money is good, and she is up to date with technologies (mail/google app etc… very practical).

    It was a pleasure and a great luck to found here and have here at my side for my case. For anything, i should need a lawyer she will be the one I’ll work with
  • Default Avatar75
    Mohamed Nasir, England
    Monday, July 30, 2018
    My lawyer Carmen is a nice lady ,very professional. I would like to be her client again if I need a lawyer in the future.
  • Default Avatar75
    Neil Linter, London
    Tuesday, July 24, 2018
    Cristina immediately understood our requirements and was essential in guiding us through a very tricky process.
  • Default Avatar75
    Mr David P Robson, Valancia
    Thursday, July 12, 2018
    My lawyer Francisca offered value for money and was very helpful. Will use her again.
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    Richard Day, London and Barcelona
    Thursday, July 05, 2018
    My initial call to your service desk was responded to by Oscar very quickly.

    I appreciated his time as I outlined my issue, a problem with the building community and administrators. At the end of ...the call he provided clear guidance on next steps.

    Furthermore he quickly turned around the issue with an excellent drafted response for which I could not of hoped to be better worded. It was comprehensive and aligned perfectly with what I felt was needed.

    Excellent value for money and most definitely I would highly recommend Oscar.
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    Søren Aabel Hammer, Malaga
    Thursday, July 05, 2018
    Beatriz was professional and quick to respond. Would definitely recommend to friends.
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    Niall Purdie, Barcelona
    Monday, June 25, 2018
    Anna helped me purchasing my house, she was knowledgeable and professional throughout. I would recommend using her legal services.
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    Peter & Anita Bradshaw, Leeds, England
    Monday, June 18, 2018
    We could not be more happy with the service we received from Jaime.

    He responded immediately to our enquiry and it was clear from the outset that he fully understood our position. It was vital tha...t Jaime acted quickly in this matter and he did so in a highly professional and competent manner, providing us with clear and concise updates throughout.

    We found Jaime to be very polite and approachable and we believe his fees to be very reasonable. We would genuinely not hesitate to recommend his services.

    Before contacting Jaime, our previous experiences of Spanish Lawyers had been appalling - in fact we needed Jaime's help to resolve issues which previous Lawyers had created. Our only regret is not finding Jaime sooner!

    Thanks so much for all your help Jaime.
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    Tracey and Mike Iliffe Bradley, Colchester, United Kingdom
    Tuesday, May 29, 2018
    From our very first contact through to the end of our purchase, Rosa surpassed all expectations.

    She was helpful, efficient, always quick to return our communications and a pleasure to deal with. ...We have already recommended her services to a friend.
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    Rl, Alicante
    Thursday, May 24, 2018
    Felt very comfortable at all times. Nothing was too much. Understood everything mentioned in our meeting. Very reasonable rate, money wise.
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    Cian O'Grady, Ireland
    Tuesday, May 15, 2018
    We bought a property in spain and Lidia assisted us through the buying process.

    She was very professional and reassured us throughout the process.Her english was very good and we felt that we got ...good value for our money.
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    PJU, Torun, Poland
    Wednesday, May 09, 2018
    Béatriz responded quickly to any queries I raised, with easily comprehensible answers.

    Her fee was very reasonable and she proved to be a very personable and approachable person when we finally m...et at the Notary.
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    Geraldine King, Ireland
    Monday, May 07, 2018
    I was extremely happy with Pedro,and Ana. They were honest,and answered my queries promptly.

    Pedro had to evict my squatter tenants, and then organised an estate agent to sell my apt. This agent un...dertook renovating the apt, and got me a good price.

    Pedro and his brilliant co-worker Ana finalised the sale and I received the money into my account, without me ever setting a foot in Spain.(Power of attorney).

    I will be recommending Pedro to friends, who are going to sell their apartment in Torrevieja. I highly recommend him.
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    George Salib, London
    Monday, April 23, 2018
    Jose Antonio was very professional and has assisted me in every step of the purchase of my flat in Alicante.

    He also assisted me by advising of the most suitable area according to my needs. His com...mitment and dedication is excellent.

    Jose Antonio was very easy to approach and happy to help in any way he can.

    I will definitely recommend him to my family and friends.
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    Duncan Martin, Wolverhampton, England
    Friday, April 20, 2018
    Lidia, was extremely helpful and patient throughout the process.

    She was very attentive and responsive and explained everything in detail.

    Lidia represents excellent value for money and the so...lutions she recommended were very beneficial, especially as you hear and read about a lot of horror stories on the web.

    Lidia was the best legal representative i have employed and i will always use her where Spanish legal affairs are concerned.
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    Pernilla, London
    Friday, April 13, 2018
    We had excellent service from Esther at Advocate Abroad when buying a property in Las Palmas, Gran Canaria.

    Esther speaks both Spanish and English, and is very friendly, professional and genuine. ...She took care of the whole purchasing process and explained all the steps for us, including giving advice on Spanish bank account, NIE numbers etc.

    We are very pleased with all the help we have received and can highly recommend Esther. Thank you so much!
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    L Marshall, London
    Wednesday, March 28, 2018
    Rosa was excellent. Very efficient and professional.

    Responsive and always available. Extremely helpful - we did not understand the process and she guided us through.

    We would not hesitate to ...recommend her.
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    Robert Scott, UK
    Wednesday, March 07, 2018
    First class service. Rosa's professionalism, advice and patience were all exemplary! Keep up the good work. Will certainly recommend the service to friends!
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    M Pearce, Marbella
    Monday, March 05, 2018
    Miguel was extremely helpful, he couldn't have done more:

    Always kept us updated on the progress of our purchase
    Always responded to emails in a professional and timely manner
    Always explained to... our understanding all aspects of the legalities about the purchase
    Very approachable,courteous and professional

    So much better to deal with than UK property lawyers!

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    Andrew Bullen, UK
    Friday, February 16, 2018
    Rosa was very professional at all times when dealing with me. Her English was second to none and she always kept me informed of progress via email promptly.

    I wouldn't hesitate to use Rosa in the ...future for any legal issues I have.
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    Tamara Reeves, Australia
    Thursday, February 15, 2018
    Anna was very knowledgeable and had prior experience dealing with English clients. She spent a lot of time explaining information and I was never rushed.

    I have continued to use Anna since my firs...t meeting as I trust her judgement and know that she will look after my best interests.
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    Lisa Jones, UK
    Thursday, January 25, 2018
    Kristina was extremely helpful throughout the process of buying my property in Spain. She was very easy to reach at all times and very professional. I would highly recommend Kristina to anyone buying ...a property in the area.
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    Jackie Acres, UK
    Thursday, January 25, 2018
    Miguel is fantastic, his English is superb. He responds clearly and concisely and always quickly too.

    He is helpful and approachable and has always answered all my questions very thoroughly. He’...s very polite and an absolute pleasure to deal with.

    I hope he never retires!

What legal and financial obligations do sellers have?

The vendor of the property has the following legal obligations:

  • To conserve the property until it is handed over to the purchaser
  • Transfer the property
  • Make good any defects or deficiencies in the property
  • To pay certain costs and taxes

If there are any defects in the property known to the seller and which may have not been communicated to the buyer, the buyer may rescind the contract or claim damages instead. There is a two year time limit, from the date of purchase, in which to exercise this right.

Unless there is agreement to the contrary, the vendor is obliged to pay the costs relating to the drawing up of the deeds of transfer as well as those costs necessary to effect the transfer of the property – this would include notary costs.

Any capital gains tax that is due will also be payable by the vendor.

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