Spanish Property Buying Guide

Buying Property in Spain – The Legal Process

Buying a property in your home country can be a complicated process and a daunting experience, which requires guidance and support from qualified professionals. But whilst the process is very much the same, the legal, financial and statutory government requirements behind purchasing a property differ vastly from country to country. That’s why it’s essential that you trust a qualified, registered firm such as GB Abogados to take care of your conveyancing for you. But what exactly does purchasing a property in Spain involve from a legal standpoint? Take a look at our concise summary of the process below.

Finding a Property

The first step in the property buying process is of course to choose a location you would like to live in and to find your future home. Whilst, of course, this is often an enjoyable and exciting part of the process, it is also a complex and crucial stage, as it’s important that you know exactly what it is you are looking for in order to find the perfect property which will suit your needs. That’s why we offer a conveyancing service – so that you have professional support to locate a property which is not only suitable for your needs but which complies with Spanish property law and represents a good long-term investment with no hidden difficulties.

It’s hard to imagine what living in a property in a new location might be like without having experienced it before – which is why local knowledge is also a key factor in the decision-making process. With lawyers based both here in the UK and in Spain, we’re able to offer this assistance with guidance on the areas chosen and how they may best serve you, depending on the reason for your property purchase.

Before beginning your search for a property, we recommend making a list of your non-negotiable elements (number of bedrooms, location factors such as beaches and schools, a pool, situated close to an airport). Take into account the nature of your property and your desired lifestyle. Are you retired? Would you like a quiet location? Is this an investment for domestic or holiday rental? Or are you looking to be close to a city, to start a life permanently in your chosen location? Whether you are single, married or have children, you will need to take into account the individual needs and desires of every member of your family in line with your budget and what is available in order to make the best choice. We can help with this, guiding you at every step of the way with our seasoned expertise and long-established experience in helping all kinds of buyers find (and settle in) their dream home.

Getting Started and Choosing Representation

Once you have chosen your desired property, you need expert advice in order to purchase it legally. To obtain complete peace of mind and in order to know that the transaction will be dealt with swiftly and comprehensively, you will need to employ a specialist law firm (such as ourselves) who have expert knowledge of Spanish land law or ‘urbanismo’. As these laws differ from conveyancing laws in the UK, it’s important that you do choose a company which understands Spanish property law inside-out. Of course, it is also useful if your lawyer is fluent in both Spanish and English so that they can communicate clearly with everyone involved in the process at each step of the way.

We will firstly carry out a number of essential legal investigations and checks – such as checking that the property is registered properly under the land registry, ensuring it is registered to the vendor shown, and ascertaining whether there are any issues with the property such as unpaid debts, current tenants (in Spain, the law tends to favour tenants which can be cumbersome for potential buyers) or outstanding insurance matters. We will also ascertain your financial status and make arrangements accordingly. For example, you may be buying the property outright, or perhaps will need a mortgage. Either way, we will ensure that financially you are covered and that any transactions are cleared to be conducted easily and legally. Tax must also be taken into account, along with other legal requirements which are imperative for those wishing to purchase a property in Spain, such as visas and tax registry.

What’s the Process?

Following on from the initial stages, there are several intermediate steps each containing complex processes which need to be undertaken. The sale needs to be agreed by all parties and appropriate documentation must be obtained and checked, such as the title deeds, boundary agreements, any mortgage arrangements, property surveying, tax requirements and the placement of a deposit to secure the house and take it off the market. Each step of the way, we use our legal expertise and local knowledge to ensure a seamless transition and to guarantee that no stone is left unturned right up until the last papers are signed.