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Buying Spanish Property – Expert Legal Guidance for UK Clients

Buying property in Spain can be exciting, but the legal process differs significantly from that in the United Kingdom.
Without expert help, costly mistakes are common.

Spanish Legal ensures UK clients buy securely and stress-free, handling all checks, contracts, taxes, and registrations.

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V Page
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An excellent efficient service was delivered in dealing with a Spanish POA. My emails were answered promptly and I have nothing but praise for Susanna. I would highly recommend her.
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mario fabrio
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Patience with clients, quick responses to emails regardless of the time of day, useful suggestions and top professionalism... We went through the apartment purchase without stress, feeling safely guided. Highly recommended
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Alina Clewlow
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I am extremely happy with the service provided. The quality of the advice was excellent, the actions were handled very quickly, and Susana dealt with the whole situation in a highly professional and supportive way. I am truly grateful for all the help and guidance I received throughout the process. It made what could have been a stressful experience feel smooth and well managed. I would definitely recommend using these services, and I will be very happy to work with Susana again in the future. Thank you very much, and I wish you all the best.
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Brian Tarr
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Susana was very helpful and professional with excellent communications in setting up our NIE numbers and Power of Attorney, definitely recommended.
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Billy Boy
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Just returned from Spain having sold my apartment. It was very complicated with new NIE numbers required and Power of Attorney notarised. Susana helped with every step of the way and completed in good time. Would certainly recommend.
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Jean Ellis
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Very many thanks to Susana at Spanish Legal for obtaining my NIE documentation speedily and for providing much reassurance about the process.
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Shane Howard
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My dad passed away in 2025 February he lived in Spain and left no will as he was in England at the time when he died found a number of solicitors but eventually after a number of phone calls to different people I come across Spanish legal services spoke to the owner called Suzanna well all I can say it's the best thing I did she got me through this probate remember I had no will so it was difficult Susanna is Spanish that lives in England so it made life easy as I was sending correspondence to England not Spain which made it a lot easier for me it has taken 11 months with all the notary paperwork etc and this is difficults of death etc but finally I have the property in Spain and the money what was in the bank account so I am absolutely over the moon what Spanish legal services have done for me it's taken 11 months for the Spanish probate to be finished which would be roughly the same in England if you had no will so timing was great i will not use any other solicitor if I need something fixing in the future i highly highly recommend this company and this lady called Susanna 🇪🇸
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Katie Mckernan
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Susana was fantastic- so efficient and professional, would highly recommend to anybody unsure about the Spanish legal system.
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Yashin Masoliver
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Susana was excellent and patient in obtaining Spanish citizenship for my children. The process was not straight forward and I would have struggled without her help. Her fee was also more than reasonable given the work involved. Many thanks Susana
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Why You Need Legal Support When Buying Property in Spain

Many UK nationals are drawn to buying property in Spain, but the process is very different from the UK. It’s a common misconception that using only an estate agent is enough. In reality, Spanish authorities require their own checks, registrations, and tax submissions, and failing to meet these requirements can lead to expensive delays or even the loss of your deposit.

Having an independent Spanish property solicitor ensures your purchase is legally valid, fully protected, and free of hidden liabilities. Spanish Legal reviews every detail of the transaction, safeguarding your investment and giving you complete confidence from start to finish.

Benefits of using Spanish Legal when buying in Spain:

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    Full due diligence to confirm legal ownership and planning permissions

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    Protection against hidden debts, charges, or community fees

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    Clear advice on taxes, fees, and ongoing obligations

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    Smooth, compliant process with contracts in English and Spanish

    The Spanish Property Buying Process – Step by Step

    At Spanish Legal, we provide a complete, client-focused service for UK citizens buying property in Spain. Whether you are purchasing a holiday home, a retirement villa, or an investment property, our role is to protect your interests, manage all legal requirements, and make the process straightforward.

    Our conveyancing service includes:

    • Carrying out full legal due diligence on the property

    • Drafting and reviewing contracts in English and Spanish

    • Advising on taxes, fees, and financing options

    • Coordinating with trusted Spanish notaries and the Land Registry

    • Representing you in Spain under Power of Attorney if required

    • Providing fixed pricing, clear timelines, and personal support

    We’ve guided hundreds of UK clients through Spanish property purchases safely and efficiently. Here’s how the process works:

    Step 1: NIE & Bank Account

    We obtain your NIE number and advise on opening a Spanish bank account, both of which are mandatory for any property purchase.

    Step 2: Due Diligence

    We carry out a full legal investigation of the property. This includes verifying ownership at the Land Registry, checking for debts, mortgages, or charges, confirming planning permission and licences, and reviewing community fees and utility payments. These checks ensure you do not inherit any hidden liabilities.

    Step 3: Contract Review and Signing

    We draft or review the contrato de arras (deposit contract), ensuring it protects your rights. Typically, a 10% deposit is paid at this stage. If the seller defaults, you can reclaim double your deposit. If you withdraw without cause, you may lose your deposit — which is why careful legal review is essential.

    Step 4: Notary & Escritura de Compraventa (Spanish public deed of sale)

    Completion takes place before a Spanish notary, who certifies the transaction, checks identities, and ensures all legal requirements are met. We coordinate this process and can represent you via Power of Attorney if you cannot attend in person.

    Step 5: Registration & Taxes

    After completion, we register the property in your name with the Land Registry and submit all necessary taxes, including transfer tax (ITP), VAT and stamp duty (AJD) for new builds, and the plusvalía municipal tax. This ensures your ownership is fully recognised in Spain.

    Taxes and Costs of Buying Spanish Property

    Typical costs include:

    • Transfer Tax (ITP) – 6–10% for resale properties
    • VAT (IVA) – 10% for new builds
    • Stamp Duty (AJD) – 1–1.5%
    • Notary & Registry fees – approx. 1–2%
    • Legal fees – fixed by agreement

    Ongoing ownership costs include:

    • IBI (annual council tax)
    • Community fees (if applicable)
    • Income tax on rental income or imputed rent
    • Wealth tax, depending on property value. Future planning is essential, and our Spanish Inheritance (Probate)
      service ensures your assets are protected long term.
    Spanish Lawyer Susana
    Spanish Lawyer Susana

    Common Pitfalls to Avoid

    Mistakes many UK buyers make include:

    • Buying property without checking planning permissions
    • Inheriting debts tied to the property
    • Not reviewing community charges and utility bills
    • Signing contracts without legal advice
    • Relying on sellers or agents instead of independent solicitors

    We ensure every check is carried out before you commit. Learn more about our Spanish Conveyancing services.

    How Spanish Legal Can Help You

    Our full conveyancing service for UK clients includes:

    • Title and ownership verification
    • Planning and building licence checks
    • Contract drafting and negotiation
    • Representation before the notary
    • Land Registry registration
    • Tax calculation and submission
    • Post-purchase assistance (utilities, community registration, compliance)

    We’ve helped hundreds of UK clients buy Spanish property safely and successfully.

    Spanish Lawyer Susana

    Why Choose Spanish Legal

    With decades of experience helping UK clients, we make the buying process clear and stress-free.

    Our service includes:

    – Expertise in Spanish property law

    – Personalised guidance from start to finish

    – Fixed pricing with no hidden costs

    – UK-based support with Spanish notary partnerships

      Buying Spanish Property FAQs

      The following are typical questions our clients have when enquiring about buying Spanish property and what you should know if you are considering buying property in Spain.

      How much tax do you pay when buying a property in Spain?

      Expect 10–13% of the purchase price in taxes and fees, including transfer tax or VAT, stamp duty, notary, Land Registry, and legal fees.

      What are the disadvantages of buying property in Spain?

      Risks include hidden debts, unlicensed homes, and poorly drafted contracts. Spanish Legal ensures these are avoided through full due diligence.

      Does buying property give you residency?

      No. Ownership does not grant residency rights. UK citizens are still subject to the 90/180-day Schengen rule unless they obtain a visa or invest €500,000+ for a Golden Visa.

      Can I buy property in Spain after Brexit?

      Yes. Brexit has not affected your right to buy, but it does affect how long you can stay in Spain without residency. Property ownership alone does not extend the 90-day rule.

      Is it better to buy property in Spain or Portugal?

      Both markets are popular with UK buyers. Spain offers a wider property choice and established expat communities, while Portugal has its own tax and residency advantages. The right choice depends on lifestyle and financial priorities.

      Is property cheaper in Spain than the UK?

      In many regions, yes. Spain generally offers more affordable homes, especially outside major cities. However, buyers should budget for purchase costs of around 10–13% of the property price.

      How long can you stay in Spain if you own property?

      Owning property does not change immigration rules. Without residency, UK citizens can stay up to 90 days in any 180-day period. For longer stays, you’ll need a visa.

      What documents do I need to buy Spanish property?

      An NIE, passport, proof of funds, and Spanish bank account details. Spanish Legal prepares all required paperwork for you.

      Can UK citizens get a mortgage in Spain?

      Yes. Non-residents can usually borrow 60–70% of the property value. Spanish Legal advises on mortgage requirements and compliance.

      Can I buy without travelling to Spain?

      Yes, with a Power of Attorney we can handle the purchase on your behalf.

      Can I rent out my Spanish property?

      Yes, but you may need a tourist rental licence depending on the region, and rental income must be declared in Spain.

      What are the ongoing costs of ownership?

      Annual IBI council tax, community fees, utilities, non-resident income tax, and possibly wealth tax. Estate planning through a Spanish Will is also recommended to simplify inheritance.

      Need Help? Let Spanish Legal Handle It For You

      Make your dream of buying property in Spain a reality, with full legal protection and clear guidance at every step.