Posted in: Deeds Issues, Legal, Wills and Testaments
Buying property in Spain—whether it’s a holiday home, retirement haven, or investment—can be an exciting step. However, the Spanish property market has its own legal framework, risks, and red tape that every buyer must take seriously. At Molina Solicitors, we specialise in helping clients navigate these challenges with clarity and confidence. Here’s what’s what to do—and what to avoid—when buying property in Spain.
Hire an Independent Lawyer
Your lawyer should act solely in your interests—not the seller’s or estate agent’s. A specialist solicitor will:
• Check the legal status of the property
• Confirm there are no debts, charges, or building infractions
• Ensure all paperwork is correct before you pay anything
• Ensure that you or they have control of the deposit
At Molina Solicitors, we work independently and transparently to protect our clients at every step.
Verify Ownership and Land Registry Details
We check:
• The Nota Simple (Land Registry extract)
• That the seller is the rightful owner
• That there are no embargoes, unpaid mortgages, or restrictions
Ensure the Property Has All the Required Licences
Especially if it’s a resale or a rural property, we must check:
• The Licencia de Primera Ocupación (first occupancy licence)
• Any renovation or extension permissions
• Habitation status and compliance with planning regulations
Get a Full Breakdown of Costs
Besides the property price, you’ll need to budget for:
• Transfer tax (usually 10% in the Valencia region, 8% in Murcia region)
• Notary and Land Registry fees
• Legal fees and potential bank costs
We always provide a full breakdown, which avoids nasty surprises.
Request an NIE Number and Open a Spanish Bank Account
You’ll need an Número de Identificación de Extranjero (NIE) to buy a property, and a Spanish bank account to make payments and set up utilities. We assist with this.
Do Not Sign Anything Without Legal Advice
Preliminary agreements or arras contracts may seem “informal,” but they are binding under Spanish law. Signing without legal review could cost you thousands in penalties or deposits if something goes wrong. So many times unfortunately clients come to us after things have gone wrong not before for legal assistance.
Do Not Pay Money Directly to the Seller
All payments should go through the proper legal channels, with receipts and proper references. Your lawyer should handle or oversee these transactions to protect your funds.
Do Not Rely Solely on the Estate Agent
Estate agents are helpful, but they usually work on commission. Their priority is closing the sale—not verifying legalities. Always have your own independent legal representation.
Do Not Assume Rural Properties Are Problem-Free
Rustic properties can come with planning issues, lack of utilities, or illegal extensions. These complications are common and may affect your ability to use, renovate, or sell the property later.
Do Not Skip the Legal Checks on “New Build” Properties
Even new homes can have issues—unfinished licences, unpaid taxes, or breaches of planning permission. Never assume “new” means “risk-free.”
Buying property in Spain can be safe and rewarding—but only when it’s done properly. The key is independent legal advice, full due diligence, and staying cautious throughout the process. We can assist you with buying in Spain and you can relax knowing you are in capable hands.