Buying a Home in Spain: Why Conveyancing Matters
If you’re buying property in Spain—whether a holiday home, retirement villa, or investment—conveyancing is the legal backbone of the transaction. It protects you from hidden debts, fraud, or future ownership disputes.
At Borderless Lawyers, we represent international buyers throughout the conveyancing process, ensuring legal security and smooth property transfers.
🔍 What Is the Conveyancing Process in Spain?
Conveyancing refers to the legal and administrative steps required to transfer ownership of real estate. In Spain, this involves:
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Due diligence and legal checks
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Drafting and reviewing contracts
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Payment structure and deposits
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Signing before a notary
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Registration at the Land Registry
✅ Step-by-Step: Buying Property in Spain
1. 📄 Legal Due Diligence
We check:
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Property title and ownership
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Debts, liens, or encumbrances
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Urban planning compliance
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Licenses for construction or renovation
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Community charges or unpaid taxes
🛡️ This protects you from buying illegal or problematic real estate.
2. ✍️ Reservation Contract & Deposit
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A reservation agreement takes the property off the market
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You typically pay a €3,000–€6,000 deposit
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We verify the seller’s ID, ownership, and authority to sell
📌 This is non-refundable unless issues arise during due diligence.
3. 🧾 Private Purchase Contract (Contrato de Compraventa)
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Outlines payment schedule, terms, and penalties
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Usually signed 2–4 weeks after the reservation
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Typically includes a 10% deposit
📑 Our lawyers draft or review this to protect your rights and funds.
4. 🏦 Mortgage and Financing (If Applicable)
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We liaise with Spanish banks or brokers
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Ensure compliance with new mortgage laws (e.g., pre-contract disclosures)
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Help you understand interest rates, notary fees, and repayment obligations
💡 A mortgage in Spain requires a bank account and NIE (Foreigner ID Number).
5. 🖋️ Notary Signing (Escritura de Compraventa)
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Final contract is signed before a Spanish Notary Public
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All parties must be present (or have power of attorney)
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Balance of purchase price is paid
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Notary verifies legal compliance and issues the public deed
📌 You become the legal owner only after signing this deed.
6. 🏛️ Land Registry Registration
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We file the deed at the Land Registry (Registro de la Propiedad)
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Confirms your legal ownership and prevents third-party claims
⏱️ It typically takes 2–4 weeks to finalize registration.
💶 Additional Costs to Consider
| Item | Typical Rate |
|---|---|
| Property Transfer Tax (ITP) | 6–10% (resale homes) |
| VAT (IVA) | 10% (new homes) |
| Stamp Duty (AJD) | 1–1.5% |
| Notary Fees | €600–€1,200 |
| Land Registry Fees | €300–€800 |
| Legal Fees | Fixed or % of price |
📌 We provide full cost breakdowns and prevent overpayment or surprises.
🌍 Foreign Buyer Support
🛂 NIE Number
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Mandatory for all property purchases
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We assist with applying and fast-tracking this ID
💼 Power of Attorney
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Sign remotely or delegate us to act on your behalf
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Useful if you’re not residing in Spain during the process
🏦 Bank Account Setup
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Required for utility setup, tax payments, and mortgage
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We assist with non-resident accounts in major Spanish banks
💬 Real Case Study
Client: A Canadian couple purchased a €320,000 villa in Alicante. Borderless Lawyers handled NIEs, power of attorney, contract review, and notary coordination.
Result: The couple signed remotely, paid no unexpected taxes, and registered the title within 20 days.
🚀 Secure Your Spanish Property with Expert Legal Support
At Borderless Lawyers, we ensure:
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✅ Full due diligence before you pay anything
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✅ Secure payment structure and escrow options
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✅ No legal gaps in contracts or ownership
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✅ Bilingual support and remote service
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✅ Fixed-fee packages for transparency