It is not compulsory to have a lawyer but it is highly recommended.

We have a panel of fully qualified, independent lawyers - all inspected by the Overseas Living Group and all meeting our demanding criteria. If you need legal advice on any matter in Spain we can introduce you to right people.   

You will have the personal attention of an English speaking lawyer and you will benefit from excellent rates negotiated on your behalf by us.

Some of the aspects of law we can help with include:

• Buying or selling a property


• Disputes with your community of owners or neighbours.


• Disputes with your developer.     

Basic legal process of buying in Spain.

The actual completion will take place at a Notary Office.

The typical procedure is that a reservation fee is paid (few thousand Euros) followed by a more substantial deposit on signing of contracts (10%) The balance is then paid at the time of the completion.

For off-plan properties (purchased before the building work is completed) typically the buyer will pay a reservation fee and then staged payments are payable at intervals during the construction period. The balance is then payable at the completion.

Legal Requirements

NIE certificate – this is the buyer’s fiscal identification number and is required by the authorities in Spain for all foreigners purchasing property.

Cash – this is required to make up the difference between the amount paid by mortgage and also to cover purchasing costs – typically purchase costs are 10% of the total purchase price or 14% if a Spanish Mortgage is taken.

Signature – to be provided by the purchaser (passport required), or by the purchaser’s lawyer (power of attorney required)

Bank account – you will normally be required to have a Spanish bank account

Those attending at the Notary

• The Notary


• Vendor’s lawyer


• The vendor


• The purchaser


• The purchaser’s lawyer


• Gestoria – to check taxes are paid


• The mortgage company’s representative

Other issues to be aware of:

Cédula de habitabilidad (Occupancy Certificate)
This document certifies that the home meets minimum occupancy conditions as laid down by the local authorities and is essential if you want utilities such as water, electricity and gas.

Escritura pública de compraventa (Deed of Sale)
This document legalises the purchase and shall be signed at notary.

Escritura (deed)
The title deed document which specifies the name of the owner and includes a detailed description of the property.

Impuesto actos jurídicos documentados
AJD (Transfer Tax) This tax is payable on sales transactions subject to VAT and mortgage loans, at a rate of 0.5%-1,5% on total coverage of the mortgage or on the deed amount in the case of sales subject to VAT.

Impuesto sobre el valor añadido
IVA (is the Spanish VAT) Sales made by a developer (a newly built home) are subject to VAT at 7%.

Impuesto sobre transmisiones patrimoniales
ITP (Capital Transfer Tax) This tax is payable instead of the VAT when the property is not newly built. In this case, the standard rate of 7% is independent of the assigned use of the property: there are regional differences.

Nota Simple
A basic record of the property details available from the Land Registry, it shows the size of the property as well as any outstanding debts attached.

Plusvalia
Usually payable by the vendor however the buyer sometime pays where negotiated.

Registro de la propiedad (Land Register and Land Registry)
The Land Registrar responsible for maintaining the Land Register.

Tasas y cargas
Taxation for services supplied by the Municipality such as rubbish collection and street cleaning