Legal Terms
& Glossary
Spanish Legal Terms & Definitions
Navigating Spanish legal processes can be challenging, particularly when documents and procedures involve unfamiliar terminology. This glossary provides clear, plain-English explanations of commonly used Spanish legal terms you may encounter when dealing with property transactions, inheritance matters, powers of attorney, banking requirements, and residency-related processes in Spain.
Each definition includes the original Spanish term alongside its English meaning, helping UK-based clients better understand their legal obligations and rights when dealing with Spanish authorities, notaries, and financial institutions.
A – B
Absentee Owner
Spanish: Propietario ausente
A property owner who is not physically present in Spain; common among UK buyers.
Acceptance of Inheritance
Spanish: Aceptación de herencia
The formal legal act, usually executed before a Notary, by which an heir accepts their inheritance.
Adjudication Deed
Spanish: Escritura de adjudicación
A public deed executed before a Notary that formalises the transfer of assets (commonly property) after inheritance or division of joint assets.
Attorney (Power of Attorney)
Spanish: Poder Notarial / Representante Legal
A legal authorisation allowing someone to act on your behalf. In Spain, this is signed before a Notary and may need an apostille if granted abroad.
Apostille of The Hague
Spanish: Apostilla de La Haya
An international certification validating UK documents for legal use in Spain.
Appeal
Spanish: Recurso
A formal request to have a decision reviewed by a higher court.
Arbitration
Spanish: Arbitraje
A method of resolving disputes outside court, often used in commercial matters.
Architect’s Certificate
Spanish: Certificado de final de obra
Required for new-builds or construction projects to confirm completion to legal standards.
Articles of Association
Spanish: Estatutos sociales
Legal constitution of a Spanish company, outlining shareholder rights and governance.
Asset Declaration
Spanish: Declaración de bienes
A legal requirement for residents to report overseas assets above €50,000 (Modelo 720).
Bank Certificate
Spanish: Certificado bancario
A document issued by a Spanish bank confirming account details, balances or funds required for legal processes (e.g., property purchase).
Bare Ownership
Spanish: Nuda propiedad
Ownership of a property without the right to use or enjoy it. Often paired with a usufruct holder who retains use.
Beneficiary
Spanish: Beneficiario / Heredero beneficiario
A person who receives assets or rights under a will or inheritance process.
Breach of Contract
Spanish: Incumplimiento contractual
Failure to perform contractual obligations.
Building Licence
Spanish: Licencia de obra
A permit is required before carrying out construction or renovation.
Buyer’s Deposit
Spanish: Señal / Arras
Deposit paid to secure a property purchase, typically 10%.
C – D
Cadastre / Cadastral Value
Spanish: Catastro / Valor catastral
The fiscal registry that determines property tax and valuation.
Capital Gains Tax (CGT)
Spanish: Impuesto sobre la Ganancia Patrimonial
Tax on the profit made when selling an asset, such as a Spanish property.
Capital Gains Withholding
Spanish: Retención del 3% para no residentes
A mandatory retention from the buyer when the seller is a non-resident.
Certificate of Habitation
Spanish: Cédula de habitabilidad
A document certifying that a Spanish property meets minimum living standards. Required in some regions for selling or renting.
Certificate of Non-Residency
Spanish: Certificado de no residencia
Confirms that an individual is not a Spanish tax resident.
Completion
Spanish: Escritura de compraventa / Firma
Final stage of buying a Spanish property, where contracts are signed before the Notary and ownership transfers.
Community of Owners
Spanish: Comunidad de propietarios
Governing body for shared residential buildings.
Compensation Payment
Spanish: Indemnización
Financial remedy ordered due to loss, damage or breach.
Conflict of Laws
Spanish: Derecho internacional privado
Rules determining which country’s laws apply in cross-border cases.
Constitution of a Company
Spanish: Constitución de sociedad
The legal formation of a Spanish company.
Contract of Sale
Spanish: Contrato de compraventa
A private or Notarial agreement outlining property purchase terms.
Declaration of Heirs
Spanish: Acta de declaración de herederos
A Notarial document establishing legal heirs when there is no Spanish will.
Deed (Title Deed)
Spanish: Escritura pública
The official document, signed before a Notary, that records the legal ownership of a property or rights.
Deed of Gift
Spanish: Escritura de donación
A transfer of property or assets without payment.
Deposit Contract
Spanish: Contrato de arras
A legally binding reservation contract used in Spanish property transactions, where the buyer pays a deposit to secure the purchase.
Dissolution of Joint Property
Spanish: Extinción de condominio
A legal act removing joint ownership, often used in separations, inheritances, or buyouts.
Domicile
Spanish: Domicilio fiscal
Your official tax address.
Due Diligence (Property)
Spanish: Diligencias previas / Revisión legal
Legal checks are performed before property purchase, including charges, debts, and licences.
E – F
Easement
Spanish: Servidumbre
A legal right affecting property use (e.g., right of way).
Embargo
Spanish: Embargo
A legal seizure or freeze on money or property due to unpaid debts or court orders.
Encumbrance
Spanish: Cargas / Gravámenes
Mortgages, debts, or restrictions registered against a property.
Energy Performance Certificate
Spanish: Certificado de eficiencia energética
A rating is required when selling or renting property in Spain.
Escrow
Spanish: Depósito en garantía
A neutral third-party holding funds pending conditions.
Executor
Spanish: Albacea
A person appointed in a will to manage, distribute and administer the estate of the deceased.
Foreigners’ Identification Number (NIE)
Spanish: Número de Identificación de Extranjero
A mandatory personal tax/identification number for any foreigner conducting legal, financial, or property-related activities in Spain.
Forced Heirship
Spanish: Legítima / Sucesión forzosa
A key part of Spanish inheritance law requires certain portions of an estate to be reserved for mandatory heirs (children or spouse).
Foundations Deed
Spanish: Escritura de constitución
Document establishing a company or legal entity.
G – L
Garnishment
Spanish Equivalent: Embargo de salario o cuentas
Court-ordered seizure of wages or assets.
General Tax Law
Spanish Equivalent: Ley General Tributaria
Framework for Spain’s tax obligations.
Grant of Probate (UK concept)
Spanish Equivalent: Declaración de herederos (approximate)
Spain does not use the UK probate system; instead, heirs formalise rights through Notary declarations and inheritance deeds.
Habitation Certificate
Spanish Equivalent: Cédula de habitabilidad
Confirms a property meets living standards.
Heir
Spanish Equivalent: Heredero
Person legally entitled to inherit assets.
IBI (Annual Property Tax)
Spanish Equivalent: Impuesto sobre Bienes Inmuebles
Municipal property tax is paid yearly.
Inheritance Deed/Tax
Spanish Equivalent: Impuesto sobre Sucesiones y Donaciones
Tax payable upon inheriting assets.
IPO / Company Registration
Spanish: Alta en el Registro Mercantil
Formal listing of a Spanish company.
Joint Ownership
Spanish: Copropiedad
Shared property ownership.
Judgement Debt
Spanish: Deuda judicial
Debt confirmed by court order.
Land Registry
Spanish: Registro de la Propiedad
The official public registry of property ownership and associated rights or encumbrances.
Last Will and Testament
Spanish: Testamento
Document dictating post-death asset distribution.
Legacy
Spanish: Legado
An item or sum left to someone in a will.
Legal Representative
Spanish: Representante legal
Authorised individual acting on another’s behalf.
Legalisation / Apostille
Spanish: Apostilla de La Haya
An international certification confirming the authenticity of a document for legal use between countries.
Letter of Instruction
Spanish: Carta de instrucciones
Supplementary guidance for executors.
M – O
Modelo 210
Spanish: Non-resident income tax form
Required for non-resident property owners.
Modelo 720
Spanish: Overseas Assets Declaration
Mandatory reporting of foreign assets.
Mortgage Deed
Spanish: Escritura de hipoteca
Notarial document recording a mortgage.
Municipal Tax (Plusvalía)
Spanish: Impuesto sobre el Incremento del Valor de los Terrenos de Naturaleza Urbana
A local tax on the increase in urban land value when selling or inheriting property.
Negative Certificate of Debts
Spanish: Certificado de deudas cero
Shows a property has no outstanding charges.
New-Build Ten-Year Guarantee
Spanish: Seguro decenal
Compulsory structural insurance for builders.
Notary
Spanish: Notario
A senior public official who authenticates legal documents, including property transfers, wills, and powers of attorney.
Nota Simple
English: Property Report Extract
An official summary of a property showing ownership, charges, mortgages and encumbrances.
Occupation Licence
Spanish: Licencia de primera ocupación
Required to inhabit new or renovated properties.
Official Translation
Spanish: Traducción jurada
A sworn translation completed by a certified translator for use in court or legal processes.
P – R
Patrimonial Gain
Spanish: Ganancia patrimonial
Profit obtained from selling an asset.
Power of Attorney (POA)
Spanish: Poder notarial
A document granting authority to another person to act on your behalf in legal matters, often used for Spanish property purchases.
Probate (UK)
Spanish Equivalent: Tramitación de herencia
Spain has no probate court; the inheritance process occurs through Notaries and the Land Registry.
Proindiviso
English: Joint Undivided Ownership
A form of shared ownership where individuals own a percentage of a property but not a specific physical part.
Property Tax (IBI)
Spanish: Impuesto sobre Bienes Inmuebles
A municipal annual tax paid by property owners in Spain.
Quasi-Contract
Spanish: Cuasicontrato
An obligation arising without a formal contract.
Quiet Title
Spanish: Cancelación de cargas
Removing legal claims or charges affecting property.
Registry Extract (Nota Simple)
Spanish: Nota Simple Registral
Shows ownership and liabilities of a property.
Resident Permit
Spanish: Permiso de residencia
A legal document allowing you to live in Spain.
S – U
Settlement Agreement
Spanish: Acuerdo transaccional
Legally binding dispute resolution without a court.
Severance Payment
Spanish: Indemnización por despido
Payment owed to employees upon termination.
Spanish Will
Spanish: Testamento español
A legally binding will drafted and executed in Spain following Spanish formalities and recorded by the Notary.
Stamp Duty (Property)
Spanish: Actos Jurídicos Documentados (AJD)
Tax is applied to Notarial acts such as mortgage deeds.
Succession Law
Spanish: Derecho de sucesiones
The legal framework in Spain governing how an estate is inherited, including forced heirship rules.
Tax Identification Number (NIF)
Spanish: Número de Identificación Fiscal
Required for residents and Spanish companies.
Tenancy Agreement
Spanish: Contrato de arrendamiento
Legal contract between landlord and tenant.
Testamentary Executor
Spanish: Albacea
A person appointed to implement a will.
Title Deed
Spanish: Escritura
The formal record of ownership of a property, often referring broadly to the signed Notarial document.
Usufruct
Spanish: Usufructo
A legal right allowing someone to use and enjoy a property without owning the full title.
V – Z
VAT (IVA)
Spanish: Impuesto sobre el Valor Añadido (IVA)
A consumption tax is applied to goods and services. Applicable in some property purchases (e.g., new-builds).
Vendor
Spanish: Vendedor
A person selling a property or asset.
Visado / Residency Visa
English: Spanish Residency Permit / Visa
A legal status allowing a non-Spanish citizen to live in Spain. Different types: non-lucrative visa, golden visa, etc.
Will
Spanish: Testamento
A legal declaration detailing how a person’s estate should be distributed after death.
Withholding Tax
Spanish: Retención fiscal
Tax withheld at the source (e.g., XX% on rental income).