Buying Property in Spain: 4 Essential Legal Tips for International Buyers
Buying property in Spain can be a rewarding investment, whether you are relocating, purchasing a holiday home or investing in Spanish real estate. However, the legal and financial framework is very different from other countries, and mistakes can be costly without proper legal advice.
Below are four essential legal tips for buying property in Spain, especially relevant for foreign and international buyers.
1. Set a Realistic Budget – including all Buying Costs in Spain
When purchasing property in Spain, the sale price is only part of the total cost. Buyers should also factor in:
- Property transfer tax or VAT
- Notary fees
- Land Registry costs
- Legal fees and other administrative expenses
These additional costs can amount to 10–15% of the purchase price, depending on the region and the type of property.
2. Check the Legal Status of the Property
A legal due-diligence process is essential before signing any contract. This includes verifying:
- Ownership and title at the Land Registry
- Existing mortgages, debts or charges
- Urban-planning compliance, and licences
Failing to check these issues may result in serious legal and financial consequences for the buyer.
3. Review Community Fees and the nature of the Neighbourhood
If the property is part of a community of owners, it is vital to confirm that:
- Community fees are fully paid
- There are no pending community debts
- Community rules do not restrict intended use in the future (rentals, renovations, etc.)
The neighbourhood and surrounding area should also be assessed for long-term value and suitability.
4. Instruct a Property Lawyer in Spain
Hiring an independent property lawyer in Spain is one of the most important steps in the buying process. A specialist lawyer will:
- Review contracts and reservation agreements
- Protect your interests during negotiations
- Ensure legal compliance from start to completion
This is particularly important for non-resident buyers who are unfamiliar with Spanish property law.
At Bennet & Rey, we specialise in advising international clients buying property in Spain, offering clear, practical and fully bilingual legal support throughout the entire process.
We are here to help you.
