Real Estate Law & Conveyancing
Don't Buy Blindly.
Buy Securely.
The agent works for the seller. We work for you. Our forensic "Due Diligence" audit ensures your Spanish dream home doesn't become a legal nightmare.
The Hidden Minefield
In Spain, debt is attached to the property, not the owner. If you buy a house with unpaid taxes, you inherit the debt.
Illegal Builds
Thousands of villas have "illegal pools" or extensions built without a license. The Town Hall can fine you or order demolition years later.
Embargoes
If the seller has unpaid mortgage payments, IBI tax, or community fees, the property may be seized. We check the Nota Simple to clear this.
The "Rustic" Trap
Buying on "Suelo Rústico" (Rural Land) carries heavy restrictions. You may find you cannot renovate, rent out, or install a pool.
The 12% Rule: Calculating Costs
The tax you pay depends entirely on whether the property is New Build (Obra Nueva) or Resale (Segunda Mano).
| Cost Item | Resale Property | New Build |
|---|---|---|
| Primary Tax | ITP (Transfer Tax) 6% - 11% (varies by region) |
IVA (VAT) 10% Fixed (National) |
| Stamp Duty (AJD) | None (usually included in ITP) | 1.5% Approx |
| Notary & Registry | ~€1,500 | ~€1,500 |
| Legal Fees | 1% + VAT | 1% + VAT |
| TOTAL ESTIMATE | ~8-12% | ~13-14% |
⚠️ Non-EU Buyer Warning: Military Permits
Are you British, American, or Canadian?
If you are buying rural land or property in strategic zones (Balearic Islands, Cartagena, Strait of Gibraltar, parts of Alicante), you may need a Military Permit from the Ministry of Defense.
- The Risk: If you sign a deposit contract without checking this, you could lose your deposit if the permit is denied or delayed.
- The Delay: Approvals take 2-4 months. We must add a "Subject to Military Authorization" clause to your contract.
The "Arras" Trap
The Deposit Contract (Contrato de Arras) is binding. Agents often push "Standard Contracts" that hurt buyers. We ensure you sign the right one.
Arras Penitenciales (We want this)
Allows you to back out of the sale by losing the deposit. If the seller backs out, they must pay you double. This gives you an exit route.
Arras Confirmatorias (Avoid this)
Forces you to buy. If you pull out (e.g., mortgage denied), the seller can sue you to force the purchase. We ensure this clause is removed.
The JURO Protection Protocol
01. Reservation Review
STOP. Do not pay the reservation fee (€3k-€6k) until we review the document. We ensure it is fully refundable if the legal audit fails.
02. Forensic Audit
We pull the Nota Simple and Urban Planning records. We check for debts, structural legality, and tourist license viability.
03. NIE & Bank Setup
You cannot buy without an NIE number. We handle this bureaucracy in parallel with the audit so you are ready to sign.
04. The Notary Signing
We prepare the Deed (Escritura). We attend the Notary with you (or via Power of Attorney) to verify the keys, cheques, and immediate registration.
Secure Your Investment.
Don't sign a single paper until a lawyer has read it.
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