Any person buying a property in Spain is recommended to use the services of an independent solicitor. When buying property in Spain there are a number of expenses to consider.  Some of these expenses relate to legal services that you should employ, to be sure that all legal and taxation aspects of your property purchase are properly taken care of.  Once you have decided on a suitable property, your are strongly advised to seek the services of a totally INDEPENDENT solicitor (Abogado). who can speak English.  

In the UK there are a few solicitor firms specialising in the provision legal services for purchasing Spanish property. If you feel better choosing this route, it is recommended that you use a firm of solicitors with offices both in Spain and UK to offer the complete service as a one stop shop. This may be a more expensive way to do things but some people feel safer.

It is normal practice when buying a property in Spain, to employ the services of an INDEPENDENT Spanish solicitor, (Abogado) to ensure that all aspects of your property purchase proceed without major problems.

We can recommend a few solicitors in the Costa Blanca and Costa Calida areas, from whom  previous clients have received and still receive a satisfactory service.

When purchasing a property, your Spanish solicitor (Abogado) should:

·   Check that in the case of a new build/off-plan property, the correct building licences from the ultimate issuing authority (e.g. Valencia or Murcia) have been issued and are valid.

·   The official status of the land (Rustic or Urban)

·   Check the reservation contract BEFORE you sign and pay the reservation fee.

·   Check the land registry for any debts registered against the land in the case of a new build, or the existing property.

·   Check for other future developments of e.g. new roads, land fill sites, railway lines planned in the vicinity.

·   Check the private contract before paying the main deposit

·   Arrange a power of attorney if you are not be able to get to Spain for signing the deeds at the Notary.

·   Arrange and attend the Notary office with or for you to sign the deeds.

·   Arrange for the entry of the title deeds (Escritura) in the Land Registry.

·   Arrange payment of the associated property taxes.

·   Arrange utility connections

·   Ensure your local taxes (Suma) are paid.

Using a Gestor

A Gestor is basically a general purpose consultant who can help you to administer your affairs. “Your personal administration assistant” if you like, who may be able to help you with your property purchase and with other aspects of life in Spain. When for example you need someone to execute your various administration needs e.g. planning applications, power of attorney, car re-registration, applying for residency, applying for  NIE numbers, fiscal returns etc. a Gestor can be helpful in these processes of buying property in Spain although they are not experts in all areas of the law.  Their rates are generally less than that of an Abogado.

 The Notario

A Spanish Notario is a publicly appointed government official. He or she is a qualified civil servant whose main function is to certify the legality of all matters brought before them for signature. They witness the buyer and seller exchange and sign contracts and prepare appropriate documentation. No sale of property in Spain can be completed without the endorsement of a Notario.

You should remember that some terms in your purchase may not be in your favour but it can still be perfectly legal.  The Notario does not safeguard your total interests but they normally raise any issues that may be considered worthy of your serious consideration before you sign. Your solicitor should have already made you aware of and such issues, BEFORE you arrange the appointment at the Notary.