Buying property in Spain as a non-resident can feel straightforward until you sit at the notary and realise the system works nothing like the one back home. There is no Spanish equivalent of a UK solicitor watching your back, the notary does not advise either party, and the legal risk of any hidden problem (debts, unauthorised works, planning issues) transfers to you the moment you sign.
We work with British and other expat buyers in Torrevieja, Orihuela Costa, La Zenia and surrounding areas every week, and almost all of them arrive with the same questions. What are the real stages of the purchase? What does my lawyer actually do? How much will I pay in total? Can I avoid travelling for the signing?
This guide walks you through the full conveyancing process in Spain step by step, written for non-residents who want to understand it before committing any money.
What to remember before reading the detail
- A Spanish notary witnesses the deed. They do not advise the buyer or run any legal checks for you.
- An NIE number is mandatory before completion, and you can request it from abroad.
- The process usually runs 6 to 10 weeks from reservation to keys for a resale property.
- Total costs for a resale are 11% to 13% of the purchase price.
- You do not need to be in Spain to complete. A Power of Attorney lets your lawyer sign on your behalf.
Why Spanish conveyancing is not like the UK system
In the UK and Ireland, your solicitor handles everything. They check the title, raise enquiries, exchange contracts and protect your position from start to finish. Spain works on a different model and it catches most foreign buyers by surprise.
The notary in Spain is a public official whose job is to verify identity, witness the signing of the deed (escritura pública) and make sure the document complies with the law. They do not investigate the property, they do not represent the buyer or the seller, and they do not tell you whether the price is fair or whether the property has hidden debts.
The land registrar (Registro de la Propiedad) records what arrives in the public register. They confirm the legal chain of ownership but they do not audit the property either.
That leaves the buyer carrying the full legal risk of anything not picked up before completion. Unpaid council tax, unauthorised extensions, undeclared swimming pools, demolition orders, embargos from previous owners… Once the property is in your name, those problems become yours.
Hiring an independent lawyer who works only for you (not for the estate agent, not for the seller) is what closes that gap. Our team has been guiding British and other international buyers through the Costa Blanca Sur conveyancing process for over 20 years, and the due diligence work we do is the work most buyers thought the notary was going to handle for them.
What you need in place before you start the conveyancing process
Three things should be ready before you sign anything binding.
A NIE (Número de Identificación de Extranjero) is the tax ID required for any foreigner buying property in Spain. You can apply at the Spanish consulate in your country of residence, or your lawyer can request it on your behalf with a Power of Attorney. Without an NIE the notary cannot proceed.
A Spanish bank account is needed to pay the seller, fund taxes, set up direct debits for utilities and council tax, and comply with anti money laundering rules. Some Spanish banks let you open the account remotely, otherwise it can be sorted in one short visit.
Cash limits at customs catch buyers off guard. You can enter Spain with up to 10.000€ per person without declaring it. Larger amounts have to be declared on arrival, and any payment toward the property must come through a traceable bank transfer or banker’s draft. Showing up with undeclared cash is not an option.
The seven stages of buying property in Spain
The steps below describe a standard resale purchase, which is the most common path for buyers in Torrevieja and Orihuela Costa. New build and off-plan properties follow a similar logic with different taxes and longer timelines, and we cover the differences in our guide to conveyancing for new and second-hand housing.
1. The Reservation Contract (Contrato de Reserva)
Once you have agreed a price with the seller through the estate agent, the first formal step is the reservation contract. You pay between 3,000 and 6,000 euros, the property comes off the market, and you get a window of 3 to 4 weeks for legal checks before the next stage.
The single most common mistake we see is signing the reservation before involving a lawyer. The contract has clauses that decide what happens to your money if the deal falls through, and they are often drafted to favour the agent or the seller. Bring it to us first, or call before you sign. Thirty minutes spent reviewing it can save you the full reservation fee.
2. Due diligence, the part the notary will not do
This is the stage where your lawyer actually protects you. We carry out checks at three places.
- Town Hall (Ayuntamiento). We look for unpaid council tax (IBI), refuse collection debts, fines for unauthorised works, planning issues and demolition orders.
- Cadastre (Catastro). We confirm the physical description, boundaries and registered surface area match the property as built.
- Land Registry (Registro de la Propiedad). We pull the nota simple to confirm ownership and identify mortgages, embargos, easements or legal claims on the property.
In our experience working in Torrevieja and Orihuela Costa, the most frequent issues are extensions, terraces or pools built without planning permission, and differences between the registered surface area and what is physically on the plot. Most can be sorted by the seller before completion. A few are deal breakers, and we tell you straight when that happens.
3. The Deposit Contract (Contrato de Arras)
Once the checks come back clean (or with a list of items the seller has agreed to fix), both parties sign the deposit contract and you pay 10% of the purchase price.
One point worth understanding before you sign. Spanish law recognises two main types of arras. With arras penitenciales, either party can pull out, you lose the 10% if it is you, and the seller pays double if it is them. With arras confirmatorias, neither party can walk away and a breach leads to a claim for full performance or damages. The wording matters, and the contract should be drafted by your lawyer, not by the agent.
4. Mortgage, if you need one
If you are financing the purchase with a Spanish mortgage, the bank’s appraisal, paperwork and offer run in parallel with the rest of the process. The mortgage deed is signed at the notary on the same day as the property deed, and a bank representative attends the signing. Build the mortgage timeline into the deadline you put in the arras contract, otherwise you risk losing your 10% if the bank moves too slowly.
5. Completion at the notary (Escritura Pública)
On the completion date, you, the seller, and a representative of the bank if there is a mortgage meet at the notary’s office. The notary reads the deed, both parties sign, the seller hands over the keys, and the remaining balance is transferred either by banker’s draft (cheque bancario) or Bank of Spain wire.
Two practical points. International transfers can be held by anti money laundering checks for 24 to 72 hours, so the money needs to be sitting in your Spanish account days before the signing, not the morning of. And if you cannot attend, a Power of Attorney lets your lawyer sign on your behalf without delaying anything.
6. Registration and post-completion
After signing, the deed is filed with the Land Registry to record you as the new owner. Property transfer tax and stamp duty are paid within 30 days. Council tax (IBI), refuse collection and the cadastral file are updated to your name. Utility contracts (water, electricity, gas, internet) are switched over.
For buyers who live abroad and will not be using the property year-round, we usually set up direct debits so nothing falls behind while you are away. We stay with you through this stage until everything is in your name and running, not just to the moment of signing.
Request a written conveyancing quote for your purchase in Costa Blanca Sur →
Who does what at each stage
One of the questions we hear most often is what exactly the lawyer is doing for the fee they charge. The table below sets out who is responsible for what.
| Stage | What you do | What your lawyer does |
|---|---|---|
| Reservation | Choose the property, agree the price | Review the reservation contract before you sign |
| Due diligence | Provide ID and instructions | Check Town Hall, Cadastre and Land Registry, report findings |
| Arras contract | Approve the agreed conditions | Draft the contract, negotiate clauses, hold the deposit safely |
| Funding | Transfer the money to your Spanish account in time | Coordinate with the bank, prepare cheques or transfers |
| Notary signing | Attend, or grant a Power of Attorney | Review the deed, attend the signing, sign on your behalf if needed |
| Registration | Nothing | Pay taxes, register the deed, update council tax, transfer utilities |
What you will actually pay
Total costs for a resale property in the Valencian Community typically come to 11% to 13% of the purchase price. The breakdown is roughly as follows.
- Property transfer tax (ITP), 10% of the purchase price for a resale home.
- For new builds, VAT (IVA) at 10% plus stamp duty (AJD) at 1.5% instead of ITP.
- Notary fees, typically 600 to 1,000 euros, set by government tariff.
- Land registry fees, typically 400 to 700 euros, also fixed by tariff.
- Lawyer fees, usually 1% to 1.5% of the purchase price, with the exact figure agreed in writing before we start.
A worked example for a 200,000 euro resale property in Torrevieja.
| Item | Approximate amount |
|---|---|
| Property transfer tax (10%) | €20,000 |
| Notary fees | ~€800 |
| Land Registry fees | ~€500 |
| Lawyer fees (1% plus VAT) | ~€2,420 |
| Total approximate | ~€23,720 |
We provide every client with a written, itemised quote before any work begins. No surprises at the end.
Buying a property without coming to Spain is possible
You do not have to be physically present at any stage of the process. With a Power of Attorney (Poder Notarial), your lawyer can sign the reservation contract, the arras contract and the deed at the notary, and handle the tax filings and registration on your behalf.
The Power of Attorney can be granted in Spain during a short trip, or from your country at any notary public followed by a Hague Apostille certification. The document is drafted to authorise exactly what is needed and nothing more.
Most of our British clients do part of the process this way. Some fly over for the keys, some never travel at all and meet us by video call. Either path works.
Common questions from non-resident buyers
Do I need a lawyer to buy property in Spain?
You are not legally required to use one. In practice we would not recommend buying property in Spain without independent legal representation, particularly as a non-resident. You can read more in our article on whether you need a lawyer to purchase a house in Spain.
How long does the process take?
For a resale property, typically 6 to 10 weeks from reservation to completion. For off-plan, the timeline depends on when the property is finished. NIE applications, mortgage approval and issues found during due diligence can all extend the process.
Can I get a Spanish mortgage as a non-resident?
Yes. Spanish banks lend to non-residents, usually up to 60% to 70% of the property value compared to around 80% for residents. Approval takes 4 to 8 weeks. We recommend you have pre-approval before signing the arras contract.
What happens if I lose my 10% deposit?
With arras penitenciales, you forfeit the deposit only if you pull out for a reason not covered by the contract. If the seller backs out, they owe you double. With arras confirmatorias there is no walk-away option and the consequences are different. The wording of your contract decides which applies.
Do I pay tax in Spain on a property I do not live in?
Yes. Non-resident property owners pay an annual non-resident income tax (IRNR) calculated on the cadastral value, plus the annual council tax (IBI). We handle these filings for clients who prefer not to deal with the Spanish tax office directly.
Can I sell the property later as a non-resident?
Yes, with two specifics. The buyer must retain 3% of the sale price and pay it directly to the Spanish tax office as a withholding against your capital gains. You can claim back any excess if your actual liability is lower. Plusvalía municipal (a local capital gains tax on the increase in land value) also applies.
What should do next?
Buying property in Spain as a non-resident is straightforward when the process is explained clearly and someone independent is looking after your side of the table. If you are considering a purchase in Torrevieja, Orihuela Costa or anywhere on the Costa Blanca Sur, we can talk through your situation, give you a written quote, and tell you exactly what the process will look like before you commit to anything.
Request a written conveyancing quote →
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