*This article is for information purposes only and does not constitute legal advice. Always seek independent legal advice before signing any contract or committing funds.*
Overview: How the Spanish Conveyancing Process Works
The Spanish property purchase process is not like the UK. There is no solicitor chain exchanging contracts at the last moment, no gazumping endemic, and no indefinite "subject to survey" limbo. It is more structured — but only if you understand the stages.
Done properly, the journey from accepted offer to keys typically takes 8–16 weeks. Done without a lawyer, or without understanding the sequence, it can go badly wrong.
This guide walks through every stage in order, with typical timelines and what to watch out for at each step.
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Step 1: Get Your NIE Number
Your NIE (*Número de Identidad de Extranjero*) is your Spanish tax identification number. You cannot buy property, open a mortgage, or pay taxes without one.
Do this before you start viewing seriously. NIE applications are processed at Spanish consulates in the UK (book online) or at a Foreigner's Office (*Oficina de Extranjeros*) in Spain. Processing typically takes 2–6 weeks — longer at busy consulates.
You can apply in person in Spain or in the UK via a Spanish consulate. Many buyers use a lawyer or *gestor* to obtain it for them by Power of Attorney, which avoids a trip to Spain.
The NIE is not residency. It does not mean you are moving to Spain. It is purely a fiscal number, and every foreign buyer needs one.
Full detail: How to get your NIE number in Spain.
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Step 2: Open a Spanish Bank Account
A Spanish bank account is not an absolute legal requirement to complete a purchase, but in practice you need one. Mortgage payments, IBI (property tax), community fees, and utilities all work most reliably via Spanish direct debit.
Some Spanish banks offer non-resident accounts — Banco Sabadell, BBVA, and Bankinter are among those that do. Expect to provide your NIE, passport, proof of address, and proof of income. The process is increasingly straightforward but still takes a few weeks for full account activation.
If you are buying with a Spanish mortgage, the lender will require a Spanish account. Even cash buyers should open one before completion.
Full detail: Opening a Spanish bank account as a non-resident.
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Step 3: Appoint an Independent Lawyer
This is the most important step in the entire process — and the one most often skipped or done incorrectly.
Do not use the agent's lawyer. Do not use the developer's lawyer. These people have a commercial relationship with the other side of the transaction. You need a lawyer who works for you, answers to you, and whose sole interest is protecting your position.
Bilingual English-speaking lawyers are common across Spain's coastal regions and major cities. Expect to pay 0.5–1% of the purchase price plus IVA (21%), or a fixed fee agreed upfront — typically from around €1,500 for a straightforward resale.
Appoint your lawyer before making any offer. A lawyer can review draft contracts, advise on what conditions to request, and flag problems before you have committed funds. Appointing them after you have signed a reservation contract is significantly less useful.
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Step 4: Arrange Financing or Mortgage Pre-Approval
If you are not a cash buyer, get an Agreement in Principle before making offers.
Spanish mortgages for non-residents typically allow up to 70% loan-to-value on a primary home and 60–70% on a second home, depending on the lender. Full mortgage approval takes 6–10 weeks minimum once you have a specific property under offer — the bank must commission an independent valuation (*tasación*) of that property.
An Agreement in Principle (or Decision in Principle) tells you what you can borrow and shows sellers you are a credible buyer. It is not binding on the lender, but it gives you a realistic ceiling before you negotiate.
If you are buying off-plan, be aware that standard mortgage offers are usually only valid for 6 months. If your completion is 18 months away, you will need to re-apply closer to the date.
Full detail: Spanish mortgages for non-residents.
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Step 5: Make an Offer
Spanish property transactions do not use formal written offer letters in the way UK conveyancing does. An offer is typically made verbally or by email through the agent.
Negotiate. Asking prices in Spain are often set with room to move, particularly on resales. Once you have agreed on a price, do not delay: agreed offers are not binding until the reservation contract is signed, and a seller can accept a higher offer at any point before that.
Move directly from verbal agreement to reservation. Do not let days pass.
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Step 6: Reservation Contract and Reservation Fee
The reservation contract (*contrato de reserva*) takes the property off the market while your lawyer conducts due diligence. It is not the same as the arras contract — it is a preliminary step.
The reservation fee is typically €3,000–€10,000. If you proceed to arras, this sum is credited against your deposit. If you pull out after reservation, you lose the fee. If the seller pulls out, they return it — though the reservation contract should specify this explicitly; some do not.
Your lawyer should review the reservation contract before you sign it.
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Step 7: Lawyer's Due Diligence
This is where the real work happens. After reservation, your lawyer has 2–4 weeks to investigate the property thoroughly before you sign the binding arras contract.
A thorough due diligence investigation covers:
Land Registry check (*nota simple*). The nota simple from the Registro de la Propiedad confirms who legally owns the property, whether there are any mortgages or charges registered against it, and whether the property boundaries and description match what you are being sold. This is a foundational check — never skip it.
IBI receipts. IBI is Spain's annual property tax. Outstanding IBI debts attach to the property, not the seller. Your lawyer should request the last three years' receipts and confirm they are paid.
Community fees. If the property is part of a community of owners (*comunidad de propietarios*), request a certificate from the community administrator confirming there are no outstanding fees. Unpaid community debts transfer with ownership.
Planning status. Your lawyer checks the catastro entry (Spain's property register, separate from the Land Registry) and may request a certificate from the local planning department (*urbanismo*) to confirm there are no outstanding planning violations or demolition orders.
Utilities. Confirm the property has legal connections to electricity, water, and drainage. Confirm there are no outstanding bills.
Habitation licence (*cédula de habitabilidad*). This confirms the property legally qualifies as a dwelling. Its absence or expiry can cause problems with mortgage applications and resale.
Rural properties. If you are buying in the countryside, additional checks apply: water rights, access rights (is there a legal right of way across neighbouring land?), and compliance with rural planning law. Rural due diligence is more complex and takes longer. See our rural property guide.
What happens if problems emerge? Your lawyer will advise. Some issues — minor IBI arrears, for example — are easily resolved before completion. Others — planning violations, missing habitation licences — may require conditions to be included in the arras contract, or may justify walking away.
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Step 8: The Arras Contract
Once due diligence is complete and your lawyer is satisfied, you move to the arras contract (*contrato de arras*) — a private binding purchase agreement.
The standard arras deposit is 10% of the purchase price (less any reservation fee already paid). The contract sets the completion date and specifies exactly what is included in the sale — furniture, fixtures, white goods, air conditioning units.
The consequences of withdrawal are significant:
- If the buyer withdraws: the deposit is forfeited entirely.
- If the seller withdraws: they must return double the deposit.
If you are waiting for mortgage approval, include a mortgage condition clause allowing you to recover your deposit if your application is declined. Do not sign arras without either confirmed finance or this protection in place.
Pay the deposit by bank transfer and retain documentary proof. Never pay in cash.
Full detail: The arras contract explained.
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Step 9: Mortgage Finalisation
If you are using a mortgage, the period between arras and completion is when the bank finalises its checks and issues its formal offer.
The bank commissions an independent property valuation (*tasación*), which typically costs €300–€600 and is paid by the buyer. Once the valuation is complete and the bank's legal checks are done, a formal mortgage offer is issued. You have 10 days to accept it — Spanish law requires this cooling-off period. You cannot waive it.
The notary appointment can only be scheduled once the mortgage offer is in place, so keep your broker or bank contact updated and chase regularly. Mortgage delays are the most common reason completions miss their arras deadline.
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Step 10: Pre-Completion Checks
In the days before completion, carry out a final inspection of the property. This is your last opportunity to confirm:
- All items listed in the arras contract are present
- No significant new damage has occurred since you last visited
- Meter readings for electricity, water, and gas
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Step 11: Completion at the Notario
Completion in Spain takes place before a notary (*notario*). This is different from the UK, where completion happens between solicitors. In Spain, both the buyer and seller (or their legal representatives via a Power of Attorney) must attend in person.
The notary reads out the *escritura de compraventa* — the official deed of sale — in full. Both parties sign. The balance of the purchase price is transferred, typically via a bank draft (*cheque bancario*) arranged in advance. Taxes due at completion (stamp duty or IVA depending on whether the property is resale or new-build) are also settled at this stage.
Once signed, the keys are handed over. You are the owner — though not yet on the Land Registry.
A Power of Attorney allows your lawyer to attend in your place, which is common for non-resident buyers who cannot travel to Spain on a specific date.
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Step 12: Post-Completion
The process does not end at the notary. There are several important tasks to complete in the weeks that follow.
Land Registry registration. Your lawyer submits the signed escritura to the Registro de la Propiedad. This typically takes 2–8 weeks. Until this is done, your ownership is not publicly registered — though you are legally the owner from the moment of signature at the notary.
Utility transfers. Electricity, water, and gas accounts should be transferred to your name. In practice this often requires direct contact with the utility providers, your NIE, and bank account details for direct debit.
IBI and community fees. Set up direct debits for IBI and community fees. Your lawyer or a *gestor* can handle this.
Spanish will. If you own property in Spain, having a Spanish will ensures Spanish inheritance procedures apply to that asset rather than requiring full probate in the UK. See our guide to Spanish wills and inheritance planning.
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Timeline Summary
| Stage | Typical Duration |
| --- | --- |
| NIE application | 2–6 weeks |
| Reservation to arras (due diligence) | 1–2 weeks |
| Arras to completion (cash buyers) | 4–8 weeks |
| Arras to completion (mortgage buyers) | 8–12 weeks |
| Total: first viewing to keys | 8–16 weeks |
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Costs to Budget For
Buying costs in Spain typically total 10–14% of the purchase price on top of the headline price:
- Resale property: Transfer tax (*ITP*) — 6–10% depending on region
- New-build: VAT (*IVA*) at 10%, plus Stamp Duty (*AJD*) at 0.5–2%
- Notary fees: €600–€1,500 (scale with purchase price)
- Land Registry fees: €400–€700
- Lawyer fees: 0.5–1% + IVA, or a fixed fee
- Mortgage arrangement fee: typically 0.5–1% of loan amount
- Valuation fee: €300–€600
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Frequently Asked Questions
How long does it take to buy property in Spain? For a cash buyer with their NIE already in place and a clean property, 6–10 weeks from offer to keys is realistic. For mortgage buyers, 12–16 weeks is more typical once you factor in the bank's valuation and approval process. Complex properties — off-plan, rural, or those with title issues — take longer.
Do I need a lawyer to buy property in Spain? You are not legally required to use a lawyer, but in practice it would be unwise not to. The due diligence checks — nota simple, IBI checks, community debt certificate, planning status — are not performed automatically by the notary. The notary checks the deed is correctly drawn up; they do not investigate whether the property has debts or planning issues. An independent lawyer is the only person who is on your side.
What is an arras contract? The arras contract (*contrato de arras*) is a binding private purchase agreement signed before the final deed at the notary. The buyer pays a deposit (typically 10%) and both parties commit to the sale on agreed terms. If the buyer withdraws, they forfeit the deposit. If the seller withdraws, they return double. For these consequences to apply, the contract must explicitly reference Article 1454 of the Spanish Civil Code.
How much do legal fees cost in Spain? Lawyers typically charge 0.5–1% of the purchase price plus IVA (21%), or a fixed fee — from around €1,500 for a straightforward resale. Given that the lawyer is your primary protection against buying a property with debts, planning violations, or a defective title, this is not the place to cut costs.
What is a nota simple? A nota simple is an extract from the Spanish Land Registry (*Registro de la Propiedad*) that shows who legally owns a property, any mortgages or charges registered against it, and the property's registered description. It costs around €10 and takes minutes to obtain. Your lawyer should run this check before you sign any contract.
Can I buy property in Spain without visiting Spain? Yes — a Power of Attorney (*poder notarial*) allows your lawyer to act on your behalf at all stages, including signing the arras contract and attending the notary at completion. This is common for non-resident buyers, though most people prefer to visit for the final inspection before completion.
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*This article is for information purposes only and does not constitute legal advice. The conveyancing process and tax rates vary by region. Always seek independent legal advice before committing to any purchase.*
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