What conveyancing means in Spain
“Conveyancing” is the English term for the legal work of transferring a property from the seller to the buyer. In Spain this work is done by a lawyer together with a notary. The notary is an impartial public official who formalises the deed of sale; the notary does not act for you. I am a Spanish lawyer, not a UK conveyancer or solicitor, and I act for you under Spanish law and procedure.
When you need it
Ideally before you pay a reservation deposit or sign any contract, because these can bind you. Buying in Spain involves rules on registration, planning, taxes and payments that differ from those of other countries, so it is easier to check everything first than to correct a problem afterwards.
How a purchase works
- Checks on the property. I verify its legal status before you commit. See legal due diligence.
- Your tax number. A foreign buyer needs a Spanish tax identification number to sign the deed, and I explain what is needed.
- Reservation and private contract. A deposit and a private purchase contract (contrato de arras) usually fix the price and the conditions. I review or prepare them.
- Deed before the notary. The deed of sale (escritura) is signed before the notary and the price is paid through the banking system. If you cannot travel, a power of attorney allows a representative to sign for you.
- Taxes and registration. The purchase tax is paid and the deed is registered in the Land Registry in your name.
Documents commonly needed
- Your passport and Spanish tax number
- A Land Registry extract (nota simple) and the cadastral reference
- The seller's title deed and proof that property tax and community fees are paid
- The energy performance certificate
- For homes bought off-plan, the bank guarantee covering any money paid on account
What I do for you
I act for you as the buyer. I check the property and the seller's title, review or draft the contracts, explain the taxes and costs involved, coordinate with the notary and follow the registration through to the end. The notary, the Land Registry and the taxes are third-party costs, paid separately. Where a particular property needs a local professional, such as a surveyor, I coordinate it on your behalf. You can read more about how I work.
Frequently asked questions
Do I have to be in Spain to buy?
Not necessarily. Much of the work can be done remotely, and a power of attorney lets a representative sign the deed for you. Whether this is the right choice depends on your circumstances.
Does the notary check the property for me?
The notary is impartial and does not advise either party. Checking the property in your interest is part of my work.
Is a lawyer required to buy property in Spain?
The law does not oblige you to hire one, but I recommend speaking to a lawyer before you pay a deposit or sign anything.
If you are selling rather than buying, see selling property in Spain.
Not sure where to start? Tell me about your situation.
Book a free consultation