Conveyancing in Spain:
Buying Property Safely from Abroad
What Is Conveyancing in Spain and Why You Need an Independent Lawyer
Conveyancing involves transferring ownership of a property from the seller to the buyer.
Purchasing a property can be an exciting but stressful experience. Buying a property abroad can create further uncertainties and present additional challenges.
If you are planning to purchase a house, a plot of land, or any kind of commercial property in Spain, the first move you should make is to contact a independent Spanish lawyer, as buying a home in Spain on your own can be a complicated and confusing process specially for those who are not Spanish speaking, involving unfamiliar legal transactions and large sums of money.
There is also a significant amount of legal work involved to ensure the transaction is made safely and complies with all Spanish legal & tax regulations.
The Spanish Property Buying Process, Step by Step
ALTEALEX will provide advice and representation in the purchase from the initial stage until the proper purchase Title Deed is inscribed in the Land Registry in the name of the buyer.
ALTEALEX lawyers are experts when it comes to completing purchases of properties of all kinds throughout the Spanish mainland and islands. With significant sums of money at stake and serious consequences if things go wrong, having a trusted and experienced legal team to support you through this process is essential. We have the skills, knowledge and expertise required to ensure your transaction is finalised with minimum delay.
Our lawyers will be on hand to make sure that you are fully informed regarding your rights and obligations should you go ahead with your purchase, as well as carrying out checks on issues such as planning permission and licences that may be required in respect of the property you intend to buy.
ALTEALEX lawyers are available to meet with you to discuss your business in detail and to answer any questions you may have. We will take the time to review your options carefully, explaining everything in a manner that is clear and concise.
Our lawyers will carry out a comprehensive range of checks on the property so that you can be confident that there are no issues that could create problems further down the line.
We will obtain a legal report from the Property Registry which provides essential information about the property including details about who owns it and any charges, debts or limits on how the property can be used. We will carefully review this to make sure that everything is in order before you decide to proceed with the transaction.
Our English speaking lawyers can also verify that all building licences are in place and ensure that all documents required for completion are obtained. We will draft all contracts necessary upon completion, including preliminary contracts and prepare the ‘escritura’ (deed of sale) before a public notary. We will arrange for completion before the Public Notary, manage all the taxes associated with the purchase and take care of the registration of the property in the Property Registry. Finally, ALTEALEX lawyers will arrange contracts for connection of utilities and any payment by standing order for services such as water, electricity, IBI tax, rubbish collection tax, community of owners fees and any other that our clients wish.
Our Spanish Conveyancing Service Is All-Inclusive
- Legal searches to check that the property is registered in the Property Registry correctly, its description and boundaries.
- Checking that the property is free of charges and mortgages and that there are no pending taxes.
- Drafting a Power of Attorney.
- Open a Spanish bank account.
- Brief report on title to client.
- Verification of compliance with Licence of First Occupation, Energy Performance Certificate, outstanding Community of Owner's fees, etc.
- Verification of tax liability on the property.
- Verification of utilities liability on the property.
- Breakdown of associated expenses and taxes.
- Negotiate purchase conditions with other party.
- Drafting of the Private Purchase Contract.
- Arrange signing of Title Deed before a Notary Public.
- Assistance at Notary Public.
- Calculating, filing and payment of associated buying taxes and charges.
- Arranging registration of deeds at the Land Registry.
- Setting up utilities on your behalf (water, electricity, gas, etc).
Get Your First Consultation for FREE!
A free initial interview to discuss your particular case and your requirements is our usual practice.
For more information about our legal fees, do not hesitate to contact us without obligation. We will be happy to study your particular case and offer you, free of charge, an estimate of legal fees and costs.
Independent Lawyers Recommended by Owners and Estate Agents
Some sellers or their agents will recommend a lawyer and try to persuade you to hire their services, sometimes even free of charge or offering to pay the recommended lawyer’s fees themselves. It would be a big mistake for you to hire the lawyer recommended by the homeowner or his estate agent. There are several obvious reasons why you should reject such a recommendation and use our Conveyancing services instead.
Firstly, the lawyer recommended to you by the homeowner or his agent will probably not have 40 years of accumulated experience specialising in real estate. Secondly and more importantly, you will run the risk that the recommended lawyer will defend the owner’s or agent’s interests rather than yours. And finally, our all-inclusive conveyancing service fees are the most competitive you will find anywhere on the Costa Blanca.
10 Reasons to Choose ALTEALEXas Your Spanish Conveyancing Lawyer
Legal Independence from the Seller and Estate Agent
ALTEALEX is a totally independent Law Firm. You should avoid using a lawyer recommended by an estate agent and most certainly never use the developer´s own lawyer.
Registered Professionals (Colegio de Abogados)
ALTEALEX only employes qualified and registered Lawyers. All of them are subject to disciplinary action by the Bar Association so must conduct themselves honourably to continue practising else risk being barred.
Professional Indemnity Insurance
ALTEALEX lawyers have a Professional Indemnity Insurance in place in the event of malpractice or negligence.
No Language Barrier — We Work in English
We speak and write English fluently, besides other languages. Nothing will be lost in translation!
No Hidden Extra Fees
We will provide you with a written quote so you are sure that there are no unpleasant surprises. We will provide you with a clear breakdown of costs in English, or your chosen language, beforehand.
Free Escrow Service for Your Deposit
ALTEALEX keeps a separate client’s bank account.
Accountability
We will give you an invoice, statement of all expenses and put everything in writing.
Transparency
You will receive a written report in English, clearly setting out the terms of your contract, with a description of the property you are buying including any community facilities, such as pools, garajes, golf course etc.
Ongoing Communication and Post-Completion Support
ALTEALEX will keep you fully informed at all times. on any issues that may arise.
We Can Complete Your Purchase in Your Absence (Power of Attorney)
If granting a Power of Attorney, our law firm will ensure you understand what powers you are giving and for how long those powers last.
100% Guaranteed Conveyancing Services
When buying a property using ALTEALEX conveyancing services, you can be absolutely sure that all its documentation and its legal, administrative and town planning situation are in perfect order. You can be sure of this because we have been doing the same job for more than 40 years without a single failure.
Furthermore, our services are fully guaranteed by a professional liability insurance policy arranged with the insurer Catalana Occidente SA.
Frequently Asked Questions About Conveyancing in Spain
Do I need a lawyer to buy a property in Spain?
There is no legal obligation to use a lawyer, but buying without one is a serious risk. The notary confirms the identity of the parties and the legality of the deed, but does not act for you, does not check the property for debts or planning issues, and does not negotiate the contract. An independent conveyancing lawyer represents only your interests.
Can I buy a property in Spain without travelling?
Yes. With a power of attorney (poder notarial), granted at a Spanish consulate in your country or before a notary at home with an apostille, we can sign the deed, pay the taxes and register the property in your name without you being in Spain.
What is a nota simple and why do you check it?
The nota simple is the official extract from the Spanish Land Registry. It shows who legally owns the property, its registered description, and whether there are mortgages, embargoes or charges attached to it. We always obtain and review it before you pay any deposit.
How long does it take to buy a property in Spain?
From reservation to completion, a straightforward purchase usually takes six to ten weeks. Delays are normally caused by mortgage approval, missing paperwork on the seller’s side, or planning irregularities that need to be resolved before completion.
What are the total costs of buying a property in Spain?
Budget roughly 10-14% of the purchase price on top of the price itself, covering transfer tax or VAT, notary fees, Land Registry fees and legal fees. The exact figure depends on the region and on whether the property is a resale or a new build. We provide a written breakdown before you commit.
What is the deposit contract and is my deposit safe?
The reservation and private purchase contracts set out the price, the completion date and what happens if either party withdraws. We review or draft them before you sign, and we can hold your deposit in our client account rather than releasing it directly to the seller or agent.