Spanish Property Law Advice. 10 Golden Rules For Buying

So you have decided to buy a property in Spain and you are trawling the internet and every other source of information you can lay your hands on to be certain that the decisions you are taking and the moves you are making are not going to get you into difficulty.  You want a stress free purchase without any surprises, and you do not want to incur any unnecessary expenses.  Jonathan Eshkeri, Director of E&G Solicitors in Spain, is an English solicitor and a Spanish lawyer.  These are his ten top tips for buying property in Spain.

Spanish property law is different to property law in the UK in many ways. There are various stumbling blocks and procedures when buying a property that can cause non-Spanish speakers serious headaches.

Find out more about repossessed property in Spain.

1.) The role of the estate agent when buying property in Spain

The job of the estate agent is to introduce a prospective purchaser to a seller.  Once you have seen the property and have decided that you would like to buy it, the next step should be to speak with an independent lawyer regarding the purchase, even before agreeing on a price.

2.) Why you should use a lawyer to represent you when you buy property in Spain

The estate agent may tell you that you do not need to use a Spanish property lawyer to buy property in Spain.  That is true if you are Spanish and can make all of the necessary enquiries yourself.  As a non-Spanish national not only are you unlikely to have the necessary linguistic skills, but more importantly you do not yet understand Spanish business culture and business practices, which differ greatly from the UK.  You would not contemplate buying a property in the UK without instructing a solicitor, so do not do so in Spain.

3.) How to choose a lawyer for your property purchase in Spain

Your choice of lawyer should be determined by his or her direct experience in relation to Spanish property purchases and Spanish property law.  The lawyer’s fees should not be extortionate, but it is an error to select a lawyer based simply on low fees.  The lawyer need not be located close to the property you are purchasing, as long as he or she has experience of handling transactions in that area.

4.) Clarify the total cost of buying a property in Spain

Clarify at the outset the total cost of the transaction.  That will include purchase tax, Notary’s fees, property registry fees, and your lawyer’s fees, as well as other miscellaneous expenses.  Your lawyer will be able to advise you.  Do not rely on an estate agent’s advice alone.  He or she is acting for the seller.

5.) Third party funding for your property purchase in Spain

If your purchase depends upon securing third party funding, such as a mortgage, then do not contemplate agreeing to purchase until you are certain that you will be able to secure the funding. 

6.) When to pay a deposit on a property in Spain

Do not pay even one Euro to the seller or the seller’s agent until you are certain that you want to purchase.  That means that your lawyer should make all enquiries and report back to you before you are in a position to proceed.  That may mean that you have to pay your lawyer to do some work before you secure the property, but that may be a better option than committing to a property that you later decide not to purchase.  You can even delay any negotiation on price until you have received the results of your lawyer’s enquiries.

7.) Consider engaging a surveyor for your property purchase in Spain

You may consider that the property needs to be surveyed by a professional with appropriate experience and qualifications.  That is very sensible, but you will find that Spanish estate agents will discourage it.  As with lawyers, Spanish people tend not to instruct surveyors to prepare a report unless there are obvious problems with the build, such as big cracks, or walls that are not straight.  Be certain that you know what to expect from the surveyor in terms of the content of his/her report. 

8.) Find out about how the development is run

If you are buying on a development with common areas such as gardens, pool etc., be certain that your lawyer has considered the minutes of the last AGM of the Community of Property Owners to determine to what extent the owners are paying the service charge.  It is not a good idea to buy an apartment or a semidetached house in a development where your service charge will be raised to compensate the indebtedness of other owners. 

9.) Find out about the annual expenses of owning a property in Spain

Be certain of the likely annual expenses you will incur, including service charges, property tax (IBI), non-residents income tax, wealth tax if applicable, electricity, water, gas, etc.  Do not assume that the costs will be manageable.  Be sure before you commit to the purchase.

10.) Be certain that you are aware of what is going on

Above all, if at any stage you are not 100% confident that you understand everything that is happening, or that will happen in respect of the purchase, ask your lawyer to explain.  Do not suppose that you should have understood.  Be certain that you do understand.  Once you have completed the purchase it will be too late.

Find out more about buying property in Spain after Brexit.

FAQs about Spanish Property Law

Who inherits property in Spain?

In Spain, in the absence of a will, any children and a spouse are the legal beneficiaries. Because of this, depending upon where you are habitually resident immediately before you die, you may only have one third of your estate to do with as you please if you have no Will from either Spain or the UK.
 

Do I need a Spanish Will if I own a property in Spain?

Anyone with assets in Spain should make a Will whether they are a resident in Spain or not. Assets include owning a property. Even if you have a Will in the UK, you may need to update it to cover your assets in Spain. The best option is to make a Spanish Will.
 

What are the hidden costs of buying a property in Spain?

Legal fees, surveys, local and state taxes, as well as ongoing costs such as insurance and service charges can all add up when buying property in Spain. 
 

Do I need a lawyer to buy a property in Spain?

An English speaking specialist Spanish property lawyer can help you with everything from property registration in Spain to potential fraud and anything that may cause you legal issues in future.
 
Find out more about conveyancing in Spain.
 
For more information on buying a property in Spain please see our Property pages.  If you would like to discuss your purchase and for a free initial consulation please contact us.  You can contact us by email at info@solicitorsinspain.com, by telephone on 020 3478 1420 or by submitting your query using our contact form.  
Last updated: 9 January 2021

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