Buying property in Spain as a foreigner checklist — this practical guide walks you through the legal checks that protect you before you sign or transfer any funds. We cover deposits, title and charges, planning/urban issues, taxes and costs, timeline, and common red flags—so you buy with confidence.
Need a lawyer-led review before you commit? Book via Meeting Scheduler or write to Contact. Explore our service overview here: Individuals → Real Estate.
Who this checklist is for
- Non-Spanish buyers (EU and non-EU), cash or mortgage.
- Primary residence, holiday home, or investment.
- New-build and resale properties, including off-plan.
Before you pay any deposit (reservation or “arras”)
- Independent lawyer first: have us review the draft reservation or arras contract and confirm the correct type (penitential vs confirmatory) and penalties.
- Proof of seller’s capacity: verify the seller’s identity, authority to sell, and marital/ownership status.
- Funds & AML readiness: your bank will need source-of-funds docs; we prepare the pack early to avoid delays.
- NIE & banking: plan your NIE and a compliant Spanish/non-resident bank account timeline if needed (we can coordinate; if immigration questions arise, see Individuals → Immigration).
Core legal due-diligence checks (what we verify)
- Title & charges (Registro de la Propiedad): confirm legal owner, encumbrances (mortgages, liens, seizures), easements, and embargos.
- Planning/urban status: cross-check Catastro vs Registro data, legal build status, licences, works done, protected land, and any infringement or fines.
- Community & building: statutes and minutes, current/extraordinary fees, pending works, lifts/pools, short-term rental rules, and arrears.
- Utilities & compliance: water, electricity, gas contracts; energy certificate and (where applicable) occupation/habitability certificate.
- Property condition: snagging (new-build) and technical survey recommendations (resale).
- Occupancy & tenants: confirm vacant possession or review tenancies and deposits.
- Documents pack: ID, cadastral data, IBI receipts, outstanding bills, and developer guarantees (if off-plan).
Taxes & true cost of purchase (high-level)
- Resale: Transfer Tax (ITP) + notary + registry + legal + any mortgage costs.
- New-build: VAT (IVA) + stamp duty (AJD) + notary + registry + legal + mortgage costs if applicable.
- Running taxes: yearly IBI, community fees, insurance, and non-resident/ resident income tax obligations.
For a tailored tax view (residency impact, rental tax, sale CGT), see Individuals → Tax.
Contract stage (how to protect yourself)
- Key clauses to negotiate: subject-to-mortgage approval (if relevant), penalties and deadlines, what’s included (fixtures/fittings), repairs, and completion conditions.
- Deposits: ensure funds are held and released safely under the agreed conditions.
- Bank guarantees (off-plan): confirm valid aval/insurance for stage payments.
Completion at notary (what happens on the day)
- Final checks: last-minute registry search, charges cancellation mechanics, and payment orders.
- Payment instrument: bank cheques / transfers arranged per notary protocol.
- Signing & keys: deed execution, keys delivery, and meter readings.
- Post-completion: registration, tax filing, and utility/name changes—handled by our team.
Typical timeline (illustrative)
- Pre-check & offer: 1–2 weeks (document collection, early due diligence).
- Contract & deposit: 1–2 weeks (negotiation, signatures, safe payment).
- Full due diligence & mortgage (if any): 3–6 weeks.
- Notary completion & registration: completion day + registration (varies by registry).
Timelines shift by region and bank load; we build a realistic path so you don’t miss critical dates.
Red flags (walk away or pause)
- Ownership inconsistencies or unregistered extensions.
- Hidden charges (seizures, unpaid taxes/fees) not resolved before completion.
- Missing habitation/occupation certificate where required.
- Community prohibitions that block your intended use (e.g., tourist rentals).
- Developer without valid bank guarantees for off-plan payments.
Documents you’ll likely need as a foreign buyer
- Passport, NIE, proof of funds/income, recent bank statements, and (for mortgage) lender document pack. If buying remotely, we set up a Power of Attorney with proper legalisation.
How Mecan Legal helps
- End-to-end conveyancing: offer to keys with clear reporting and fixed-fee transparency.
- Legal & urban checks: title, charges, planning, community, utilities, and contracts.
- Contract negotiation: protect your deposit and timeline; off-plan guarantees verified.
- Completion & aftercare: notary day orchestration, registrations, tax filings, and utility transitions.
Ready to start? Book your call via Meeting Scheduler or send us a note on Contact. Learn more about our approach on Individuals → Real Estate.
FAQs
Do I need a lawyer if the agent seems helpful?
Yes. Agents aren’t required to hold legal qualifications in Spain. A lawyer safeguards your deposit and verifies legal/urban issues.
Can I complete without travelling to Spain?
Yes—via a properly drafted Power of Attorney and coordinated banking/KYC. We handle it routinely.
What’s the difference between reservation and “arras”?
Reservation holds the property briefly; arras sets penalties and completion terms. Always have clauses reviewed before you pay.
Will I become a Spanish tax resident after buying?
Owning doesn’t equal residency, but your days in Spain and ties can trigger tax residency. Get a pre-purchase review via Individuals → Tax.