The route to purchasing a new or resale house or apartment in Spain may be varied. It will depend to a great extent on the person managing the transaction.

Independent legal advice is as important in Spain as in the UK. Once the necessary enquiries have been made in respect of both title and compliance with planning rules, an interim agreement and the payment of a deposit is often the best way to secure the property for the purchaser. This step should only be taken with legal advice.

In Spain the completion of all property transactions takes place before a Notary Public. The final document that is signed to complete a transaction is called an "Escritura Pública de Compreventa", a sale and purchase deed. Once the matter has been completed, purchase tax must be paid and the property must be registered in the purchaser's name.

It is important to consult a lawyer prior to receiving an offer, as in order to be able to accept a deposit, often paid by a purchaser to secure a property, you ought to have decided on the terms of a deposit agreement. An estate agent may suggest that you rely on his or her standard agreement, but this is to be avoided if at all possible. Once the deposit has been paid, it is often the seller's lawyer who has to act swiftly and efficiently to ensure that all necessary documentation is provided to facilitate completion of the sale.

If you want to buy a plot of land and design your own home, we can handle the legal aspects of the project, from the purchase of the land and engaging an architect, through to applying for planning permission, negotiating and drafting the construction agreement, agreeing the terms of any necessary finance, and registering the new construction on the property register. We will be pleased to introduce you to trusted architects and project managers with whom we work regularly.

We represent builders and property owners in planning disputes, particularly to minimise the impact of any breach by them of the planning rules or building regulations, but also in circumstances in which damage is caused by local authorities unlawfully granting planning permission.

Depending upon where in Spain you decide to own property, the purchase of country property is the area most fraught with difficulty from a planning perspective. The planning rules vary from province to province, and even from village to village. Expert advice is essential in order to be certain to avoid the type of catastrophe that you may hear about via the print and broadcast media.

In Spain tax is payable on a property purchase at varying rates, depending upon where the property is situated. The nature of your tax liability will depend upon factors such as whether the property is new, whether you are purchasing from a limited company, and whether you make the purchase by way of a limited company. These are issues on which we are very well equipped to advise you.