Property Conveyancing in Spain
Buying or selling a property in Spain involves several legal and administrative steps. Property conveyancing is the process of checking the property, preparing the legal documents and completing the transfer of ownership.
Whether you are buying a holiday home, moving to Spain or selling a property, using an independent Spanish property lawyer can help protect your interests.
What does conveyancing involve?
A property lawyer can help with:
Legal checks: Confirming ownership, checking the Land Registry (Registro de la Propiedad) and identifying mortgages, charges or other restrictions.
Planning and property checks: Reviewing relevant planning permissions, licences and outstanding issues where applicable.
Contracts: Reviewing or preparing the reservation agreement, private purchase contract and other documents.
Taxes and costs: Explaining the taxes and fees payable by the buyer or seller.
Completion: Coordinating the signing of the public deed (escritura pública) before a notary and arranging payment.
Registration: Ensuring the change of ownership is submitted to the Land Registry.
Buying a property in Spain
Before signing a binding contract or paying a substantial deposit, have the legal checks carried out. Your lawyer can also explain the implications of the contract, including what happens if either party withdraws.
Buyers will generally need identification, an NIE and arrangements for paying the purchase price and associated costs. Requirements depend on the transaction.
Selling a property in Spain
Your lawyer can check the title documents, help prepare the paperwork and explain any taxes or outstanding charges that need to be dealt with before completion.
Depending on the property and municipality, documents may include the latest IBI property tax receipt, community fee information and an energy performance certificate.
Do you need a notary and a lawyer?
The notary oversees the formal signing of the public deed and checks the legal requirements for the transaction. The notary does not replace an independent lawyer acting for your personal interests.
You are not generally required to use a lawyer for every property transaction, but independent legal advice is strongly recommended, especially if you are unfamiliar with the Spanish system.
Can someone act for you?
If you cannot attend completion in person, you may be able to appoint a representative using a Power of Attorney (poder notarial). The guys over at Spain simplified can act on your behalf or help you through the process.
Once you have secured your property make sure to change your utility bills.