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.<\/p>\n\n\n\n
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?<\/p>\n\n\n\n
This guide walks you through the full conveyancing <\/a>process in Spain step by step, written for non-residents who want to understand it before committing any money.<\/p>\n\n\n\n <\/p>\n\n\n\n <\/p>\n\n\n\n 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.<\/p>\n\n\n\n The notary in Spain is a public official whose job is to verify identity, witness the signing of the deed (escritura p\u00fablica<\/em>) 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.<\/p>\n\n\n\n The land registrar (Registro de la Propiedad<\/em>) records what arrives in the public register. They confirm the legal chain of ownership but they do not audit the property either.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n <\/p>\n\n\n\n Three things should be ready before you sign anything binding.<\/p>\n\n\n\n A NIE<\/strong> (N\u00famero de Identificaci\u00f3n de Extranjero<\/em>) 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.<\/p>\n\n\n\n A Spanish bank account<\/strong> 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.<\/p>\n\n\n\n Cash limits at customs<\/strong> catch buyers off guard. You can enter Spain with up to 10.000\u20ac 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.<\/p>\n\n\n\n <\/p>\n\n\n\n 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<\/a>.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n This is the stage where your lawyer actually protects you. We carry out checks at three places.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n One point worth understanding before you sign. Spanish law recognises two main types of arras<\/em>. With arras penitenciales<\/em>, 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<\/em>, 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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<\/em>) or Bank of Spain wire.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n Request a written conveyancing quote for your purchase in Costa Blanca Sur \u2192<\/strong><\/a><\/p>\n\n\n\n <\/p>\n\n\n\n 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.<\/p>\n\n\n\n Total costs for a resale property in the Valencian Community typically come to 11% to 13%<\/strong> of the purchase price. The breakdown is roughly as follows.<\/p>\n\n\n\n A worked example for a 200,000 euro resale property in Torrevieja.<\/p>\n\n\n\nWhat to remember before reading the detail<\/h2>\n\n\n\n
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Why Spanish conveyancing is not like the UK system<\/h2>\n\n\n\n
What you need in place before you start the conveyancing process<\/h2>\n\n\n\n
The seven stages of buying property in Spain<\/h2>\n\n\n\n
1. The Reservation Contract (Contrato de Reserva)<\/h3>\n\n\n\n
2. Due diligence, the part the notary will not do<\/h3>\n\n\n\n
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3. The Deposit Contract (Contrato de Arras)<\/h3>\n\n\n\n
4. Mortgage, if you need one<\/h3>\n\n\n\n
5. Completion at the notary (Escritura P\u00fablica)<\/h3>\n\n\n\n
6. Registration and post-completion<\/h3>\n\n\n\n
Who does what at each stage<\/h2>\n\n\n\n
Stage<\/th> What you do<\/th> What your lawyer does<\/th><\/tr><\/thead> Reservation<\/td> Choose the property, agree the price<\/td> Review the reservation contract before you sign<\/td><\/tr> Due diligence<\/td> Provide ID and instructions<\/td> Check Town Hall, Cadastre and Land Registry, report findings<\/td><\/tr> Arras contract<\/td> Approve the agreed conditions<\/td> Draft the contract, negotiate clauses, hold the deposit safely<\/td><\/tr> Funding<\/td> Transfer the money to your Spanish account in time<\/td> Coordinate with the bank, prepare cheques or transfers<\/td><\/tr> Notary signing<\/td> Attend, or grant a Power of Attorney<\/td> Review the deed, attend the signing, sign on your behalf if needed<\/td><\/tr> Registration<\/td> Nothing<\/td> Pay taxes, register the deed, update council tax, transfer utilities<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n What you will actually pay<\/h2>\n\n\n\n
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