Buying property in Spain – 5 key steps to a safe transaction

At The Lawyers, we provide comprehensive legal support throughout the entire property purchase process – from the initial selection to final registration. Below, we outline the five essential steps to buying property in Spain, ensuring full legal certainty at every stage.

1. Property Selection and Negotiation

The process begins with selecting a property that matches the client’s personal or investment goals.

Thanks to our extensive professional network and access to off-market properties, we present carefully selected opportunities. At this stage, we:

• assess the property’s legal and investment potential,
• support price and contract negotiations,
• evaluate the property’s suitability for future rental or resale.

2. Preliminary Agreement – Contrato de Arras

The next step is signing the preliminary purchase agreement (Contrato de Arras). This is a legally binding document that secures the transaction for both parties.

Typically:

• a 10% deposit of the property value is paid,
• the property is officially reserved,
• both parties commit to completing the transaction.

This stage requires precise legal drafting to protect the buyer under Spanish law.

3. Legal Due Diligence

Legal due diligence is one of the most critical stages of buying property in Spain. The Lawyers’ legal team conducts a thorough legal review, including:

• verification of land registry records,
• examination of ownership history,
• checks for mortgages or legal encumbrances,
• review of technical and administrative documentation.

The goal is to eliminate any legal, financial, or tax risks before finalizing the purchase.

4. Signing the Notarial Deed – Escritura Pública

The transaction is finalized by signing the notarial deed (Escritura Pública) before a Spanish notary.

This can be done:

• in person, or
• via a previously granted power of attorney.

At this stage:

• ownership is officially transferred to the buyer,
• the transaction becomes legally binding,
• the purchase is formally recorded.

5. Property Registration and Payment of Fees

After the notarial signing, we handle:

• registration of the new owner in the Spanish Land Registry,
• supervision of all required payments, including taxes, notarial, and registration fees.

This ensures full compliance with Spanish law and a properly completed transaction.

Buying property in Spain with confidence

You do not need to understand Spanish property law to buy real estate in Spain — you only need to know your expectations. The Lawyers take care of the rest.

If you are planning to buy property on the Costa del Sol and want a legally secure, transparent, and stress-free process, our team is here to support you at every step. Contact us.