Conveyancing is the legal process of transferring ownership of property from seller to buyer. In Spain — and specifically in Malaga — it includes several essential legal checks and steps to ensure your purchase is valid, debt-free, and compliant with urban planning laws.
Foreign buyers should never skip proper conveyancing, especially in high-demand areas like the Costa del Sol, where illegal builds and title issues are common.
🧑⚖️ Who Handles Conveyancing in Malaga?
In Spain:
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There is no notary-led conveyancing like in some other countries.
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The buyer’s lawyer leads the process and protects the buyer’s interests.
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A notary only oversees the final deed — they do not conduct due diligence.
✅ At Borderless Lawyers, we provide full-service conveyancing in English or your native language.
📋 Step-by-Step Conveyancing Process in Malaga
1. Preliminary Due Diligence
We obtain:
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Nota simple (Land Registry extract)
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Ownership verification
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Urban planning status
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Confirmation of debts, liens, or charges
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Validity of building permits and licenses
📌 We alert you to any legal risks before you sign anything.
2. Review or Draft of the Arras Contract
This deposit contract reserves the property and outlines:
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Price and terms
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Payment structure
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Penalties for breach
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Buyer protections (e.g. subject to mortgage or legalization)
✅ We ensure your contract is legally binding and fair.
3. Power of Attorney (Optional)
If you’re abroad, we can act on your behalf for:
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Bank account opening
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Contract signing
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Deed signature
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Tax payment and registration
We’ll draft the POA, have it notarized and translated.
4. Banking & Currency Transfers
We help you:
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Open a Spanish bank account
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Avoid delays with AML (anti-money laundering) checks
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Use secure FX services to reduce currency loss
5. Preparation for Notary Day
We:
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Schedule the notary appointment in Malaga
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Prepare the deed of sale (escritura pública)
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Confirm all taxes, community charges, and utility bills are paid
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Review the notary’s draft before signing
✅ You’ll get a summary in your language before completion.
6. Signing the Deed (Completion)
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Buyer and seller (or their legal representatives) meet at a Malaga notary
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Final checks and ID confirmation
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Deed is signed, payment is exchanged (typically by bank cheque)
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Buyer receives keys
📌 If you use a Power of Attorney, we handle everything in your absence.
7. Post-Completion: Taxes & Registration
We file and pay:
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ITP (Transfer Tax) – 7%–10% depending on property type
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Notary and registry fees
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Register the deed with the Malaga Land Registry
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Update IBI tax, utilities, and community ownership records
✅ You receive a registered copy of the deed and confirmation of full ownership.
🛑 Risks of Incomplete Conveyancing
Without a qualified lawyer, you risk:
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Buying a property with debt
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Acquiring a home that can’t be legally rented or renovated
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Losing your deposit due to poorly drafted contracts
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Facing fines for urban violations
💼 Why Work With Borderless Lawyers?
We offer:
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Fixed-fee legal packages for buyers in Malaga
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Full conveyancing in English, French, German, Arabic, and more
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Coordination with estate agents, notaries, and banks
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100% transparency and ongoing support
📞 Ready to Buy Safely in Malaga?
Let our legal team handle your conveyancing with precision and peace of mind.