Sale dossier
Buying property in Spain, step by step
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Blocking the sale
In Spain you may buy without restrictions
Spain does not condition property purchases on nationality or official permission. As an EU citizen you are in the same position as a Spaniard.
Get your NIE
Without the foreigner's identification number the notary cannot name you in the deed, you cannot open an account and you cannot pay the tax. It is the first official step.
Get YOUR OWN lawyer
A lawyer offered by the seller, the developer or the agent protects their interest. That is not a suspicion — it is their job.
Request the nota simple
It is the extract from the Spanish land registry (Registro de la Propiedad) and the only way to establish who the registered owner is and what is charged against the property.
Read the charges section of the nota simple
A mortgage and an easement both pass with the property. And the nota simple is informative only — for a disputed property ask for a certificación signed by the registrar.
Check the building is legal and not in the coastal zone
Extensions, extra floors and pools built without permission are common in Andalusia and inland. And the Coastal Law (Ley de Costas) defines a public-domain strip by the sea where a building stands on state land under a concession.
Ask the comunidad for a certificate of no arrears
Arrears owed to the owners' association (comunidad de propietarios) pass to the new owner within the limits set by law. You would be paying someone else's debt.
Have the reservation contract read BEFORE you sign
This is the first time you send money. Reservation contracts are short and look harmless — and they decide whether you lose that money.
Establish which type of arras you are signing
The most common are arras penitenciales under article 1454 of the Civil Code: the buyer withdraws by forfeiting the deposit, the seller by returning it doubled. Other types give no right to withdraw at all.
YOUR lawyer reads the purchase contract
The contract is drafted by the other side and written in their favour. That is not fraud, it is normal — which is why you need your own person.
Know exactly how the money will travel
This is the moment where everything can be lost. Money sent to the wrong account does not come back.
Pay the ITP or AJD within the deadline
A missed deadline means penalties and a blocked registration. The gestoría normally handles it, but the responsibility is yours.
Follow the registration through
Signing is not enough. Until you are registered your protection against third parties is limited — and the property can be charged or sold again.
Still to do
0. Deciding
- ☐ Be clear about why you are buying
- ☐ Budget the TOTAL, not the price
- ☐ Find out whether you pay ITP or VAT
- ☐ Plan for a duration, not a date
- ☐ The golden visa for property in Spain no longer exists
1. Money
- ☐ Sort financing before you make offers
- ☐ Prepare evidence of where the money came from
- ☐ Plan the currency and the exchange rate
- ☐ Keep a reserve for what comes after
2. What you need
- ☐ Consider a local bank account
- ☐ A power of attorney if you will not be there to sign
3. Shortlist & viewing
- ☐ Build a shortlist, not a wish list
- ☐ See the location out of season
- ☐ View in daylight and without rushing
- ☐ Inspect the whole building, not just your flat
- ☐ Work out the annual running costs
4. Due diligence
- ☐ Get an independent valuation
- ☐ Check the developer on a new build
5. Offer & reservation
- ☐ Negotiate with numbers, not with feelings
6. Contract
- ☐ Get conditions precedent into the contract
- ☐ On an off-plan purchase, pin down the date and the penalties
7. Money & transfer
- ☐ Seller not resident? You must withhold 3 %
8. After the purchase
- ☐ Transfer the utilities into your name
- ☐ Insure it immediately
- ☐ Expect Modelo 210 every year
- ☐ If you will rent it out, do it legally
- ☐ Archive the whole file