Buying And Selling A Property In Spain

Your trusted guide to buying and selling property in Spain — with confidence, clarity, and legal security.

SIMPLICITY IS THE ULTIMATE IN SOPHISTICATION

Buying And Selling A Property In Spain

We provide expert legal support for international clients buying or selling property in Spain. From the initial offer to final registration, we handle every step — due diligence, contracts, taxes, and notary coordination — ensuring a safe, smooth, and fully compliant transaction. Our bilingual team makes the process transparent and stress-free, so you can focus on your investment or new home.

Our Fee will include the following tasks:

1. Legal Assessment Prior to Exchanging Contracts.

You have to be sure the property that you are buying is correctly registered at the Land Registry, or described in the title deed, check the property is free of debts, charges, taxes and tenants. It is advisable to check if the property has planning permission, first occupation license, etc. It is, therefore, VERY IMPORTANT to contact a lawyer before signing a private contract to secure the property or pay the deposit. If you contact a lawyer before signing the private contract, he or she would be able to advice you about clauses designed to protect you and save you money.

 

Due to the new Laws on money laundering, non-residents in Spain are not permitted to pay more than 10,000€ in cash for a property without completing an S1 form. The best way to pay the seller is by banker’s draft or bank transfer from your Spanish bank; this way you will have an official record and proof of both how much was paid as well as the source of the funds to purchase the property.

2. Assistance and Translation on Signing the Title Deed.

If you do not speak Spanish, you will need a translation service when signing the title deed, and we will be there to sort out any last-minute problem that may arise and act as your translator. Please ask for advice regarding the documents you would need to sell/buy a property at the notary’s office (Passport, NIE number, Title Deed, price’s proof of payment: e.g.: bankers draft, bank transfer slip, last community tax bill -IBI-, utilities: electricity bills, water bills, etc.)

 

If you have changed your passport and the passport number is different than the one you used to buy the property, please, ask for advice.

3. Payment of Taxes

If you want to have your deed registered in your name, first you have to pay the Transfer Tax.

There are tax benefits if you are buying your permanent home, if you are a disabled person, or are under 35 years old, etc., and these exceptions/reductions can be different in each Spanish region.

In Andalucia (2024), there is a tax benefit applicable which seeks the repopulation of inland villages. If the property you are buying worth less than 150.000€, and it is going to be the buyer’s permanent home, and it is located in a village classified at risk of depopulation the tax rate is 3,5% instead of 7%.

It is very important to double check the property’s tax value (valor de referencia catastral).

If you are buying a new property or a second-hand restored property sold by a company, you will pay VAT (or IVA as it is called in Spain). VAT is 10% of the declared value. When paying VAT, you have to pay also 1,2% of the declared value as the Stamp Duty (please confirm the tax rates with us as it might change).

Due to the changes in tax rates in the last months please ask for confirmation of the taxes to be paid on a property purchase.

The NIE number (Foreigner identification number) is necessary to sign the title deed and to pay the taxes as the NIE number will be your tax identification number in Spain. We can help you to apply and get the NIE Number or residency certificate.

4. Payment of The Notary and Land Registry Fees.

The final amount you will be paying to the notary and land registry will depend on the declared value, the number of sellers and buyers, it is not a fixed price, but the notaries and land registries have their prices legally established.

If you have changed your passport and the passport number is different than the one you used to buy the property, please, ask for advice.

5. Collection Of The Title Deed From The Land Registry.

It will take a few weeks to have the deed and your ownership right on your property registered at the land registry.

If the property you are buying was not previously registered at the Inland Revenue Office (Catastro) and Land Registry, the registration can take many months or even years depending if the property was previously registered at the Catastro (Cadastre – Tax Office) office or not.

6. Changes of The Ownership At The Tax Office (Catastro).

If the title deed does not include the last receipt paid to the Inland Revenue Office – Council tax, it is important to fill in a form (900N) to communicate to the tax department (Catastro) that you are the new owner of the property.

The tax you have to pay for owning a property in Spain is not very high, depending of the property’s tax value. It is paid once per year, between September and November, and usually you get the paying-in-slip by post.

7. If the Property Is Not Registered at The Land Registry.

The first thing to do will be to research why it has not been registered and whether it will be possible to registry it or not, and what documentation will be necessary. Normally a certificate from an architect and a survey (maps and plans) of the property are required.

DOCUMENTS REQUIRED AT THE NOTARY’S OFFICE WHEN PURCHASING / SELLING A PROPERTY:

Buying a property:

  1. Passport.
  2. NIE number or residency certificate.
  3. Proof of price’s payment (bank transfer, bankers draft, etc.).

Selling a property:

  1. Passport.
  2. NIE number or residency certificate.
  3. Certificate as you are tax resident in Spain (only if you are tax resident in Spain).
  4. Original title deed of the property you are selling.
  5. Last IBI tax receipt.
  6. Last invoices for electricity/water/etc.
  7. Energy Performance Certificate.
  8. Keys.
  9. If you are selling and apartment/flat you must provide a certificate of up-to-date community receipts payments.

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what they say about us

Our clients

testimonials
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We are extremely satisfied with the professional assistance Victorio provided during the purchase of our home in Spain. From the very first contact, we felt at ease; Victorio exudes expertise and supported us skillfully throughout the entire process.

R. Hensen

Victorio has represented us. House purchase, power of attorney. And other matters. Very thorough, and very reasonable prices. He is based in Baza

Gail Dawson-James

Recommended by the Realtor, Victorio has been professional and attentive throughout the entire process of purchasing our Spanish home.
Communication is 100%
Definitely recommended.

Ed Shunt

Victorio looks after all our legal matters in Spain and has been doing so since 2006. Always responsive and great value for money.

Stuart McMillan

Victorio has been my go to Solicitor for many years and his service is A1. Fast and effective responses to any problem / query. Highly recommended.

Ruth Robson

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    We serve you in...

    C/ Rubén Darío, S/N, Plaza
    Al-Andalus, portal 3, local 5,
    18800, Baza – Granada

    (+34) 647 460 099

    victorio.heras@gmail.com