LEGAL SERVICES

Conveyancing and Property Law

Property transactions

As an independent Real Estate Lawyer, I have a wide experience providing comprehensive legal advice and due diligence services for all kind of property transactions (residential properties as well as business premises).

I am not affiliated with any real estate agency, nor with any bank or finance company: I proudly represent only my clients’ interests. With my advice and guidance, you will have a clear understanding of all legal aspects of your purchase or sale, and you will be promptly and correctly informed about all kind of potential risks.

My services for the purchase of property include:

  • Drafting and negotiating purchase agreements, working collaboratively with the seller’s legal counsel, and always looking to safeguard your interests.
  • Detailed investigations into property records, including Land Registry checks, Cadastral searches and municipal inquiries, to identify any potential encumbrancies or legal issues, especially concerning planning regulations.
  • Obtaining for you the necessary tax identification number (N.I.E.), a crucial step for any transaction in Spain.
  • If you prefer to purchase property through a company, I can take care of all the formalities, whether it’s a foreign entity or a Spanish-incorporated company.
  • I can provide legal advice about the different options of ownership offered by the Spanish law (different percentages on the property, bare title, life interest…) to find the one that suits you best.
  • Once due diligence is complete and you are ready to proceed, I coordinate the appointment with the Notary for signature of the title deeds, where I can represent you by power of attorney if you do not want to attend in person. I can also handle escrow payments to protect your funds.
  • After the property transfer is finalized, I assist with essential tasks such as payment of the purchase tax, registering the ownership change in the Land Registry, updating utility contracts, and setting up convenient payment arrangements by direct debit.

My services for the sale of property include:

  • Expert negotiation to secure the best possible terms.
  • Comprehensive due diligence to protect your interests as a seller.
  • Swift resolution of any legal obstacles (unlawful occupants, inheritance matters, boundary disputes, regularization of non-compliant properties, etc).
  • Handling all finantial aspects of the transaction.
  • Accompanying you to the Notary for the signing of the deeds, or providing representation by power of attorney.
  • Assisting with payment of the municipal capital gains tax and processing any required tax refunds for non-resident sellers.

Services for property owners

  • Update of property registration: If the size of the property has been extended, or if new elements have been added that were not contemplated in the original title deeds, I can assist with updating the property description by means of a “declaration of new construction” and registering the updated property description at the Land Registry. If you ever want to sell your property, any buyer will demand this from you.
  • Land registration services: I carry out all the necessary procedures to get your unregistered land duly registered on your name, both in the Cadastre and in the Land Registry.
  • Dissolution of joint property ownership: I can handle this tax-efficient solution for joint property owners who want to restructure their ownership shares.
  • Demarcation of land boundaries: If the boundary with the neighbouring land is a source of conflict, I can help to demarcate it correctly, either through an agreement or, if agreement is impossible, by bringing a court action with appropriate evidence.
  • Claims for construction flaws or deliveries of properties with materials or finishes of inferior quality to those offered in the specifications.
  • Horizontal property and communities of owners: Legal advice and, when appropriate, legal action on problems concerning these matters.
  • Representation in all types of property-related litigation, including possessory and recovery of ownership (vindication) actions, as well as administrative expropriation proceedings conducted by authorities.
  • Legal actions against unlawful occupants: eviction or criminal proceedings for property usurpation.

Service on landlord-tenant matters

  • Eviction proceedings: Handling of cases of non-payment of rent, expired lease agreements, and other grounds for eviction.
  • Express evictions: Expedited eviction processes in specific circumstances.
  • Lease termination and renewal: Assisting with the termination or renewal of rental contracts.
  • Rent adjustments and utility disputes: Resolving disputes related to rent increases, utility charges, and property maintenance.
  • Rental contract drafting and review: Preparing and reviewing lease agreements for various property types, including residential, commercial, and industrial spaces.
  • Tourist rental registration: Guiding clients through the process of registering properties for short-term holiday rentals.
  • Debt collection: Pursuing legal action to recover unpaid rent or other debts.
  • Damage claims: Representing landlords in claims against tenants for property damage.
  • Tenant defense: Defending tenants facing eviction or other legal actions.

Real Estate Law FAQ´S

Can foreigners buy property in Spain?

Yes, foreigners can purchase property in Spain without restrictions. However, you will need to obtain a “NIE” (Foreigners’ Identification Number) to carry out any official transaction, including purchasing real estate.

The “NIE” is a Foreigners’ Identification Number (Número de Identificación de Extranjeros), required for legal or tax-related transactions in Spain. You can obtain it through the local immigration office (Oficina de Extranjería) or at a Spanish consulate in your home country.

Your Lawyer can also get the NIE for you, if you have granted him/her power of attorney for this specific purpose.

Yes. Buyers should consider:

  • Property transfer tax (7% in Andalucía)
  • Notary fees and Registry fees (usually around 2% of the property value).
  • VAT (10% on new properties).
  • Stamp duty (1.5% on new properties).

Additionally, there might be legal fees if you hire a lawyer, which is highly recommended.

It is strongly advisable that you have your own independent lawyer, whose advice may not be affected by any conflict of interests. Working only on your benefit, your lawyer will ensure the property is legally sound, free of debts or charges, and assist with reviewing contracts and handling paperwork. This can protect you from legal complications later on.

This is not compulsory, as you can make escrow payments through your lawyer’s account. It may, however, be highly advisable to open a bank account in Spain for direct debits of utilities and future property taxes.

Yes, non-residents can obtain mortgages from Spanish banks, but the conditions might be different from those offered to residents. Typically, non-residents can borrow up to 70% of the property value. Proof of income, credit history, and financial stability will be required.

There is also an age limit set by banks and finance companies according to their risk policies, which is usually around 75 years of age.

If you sell your property, you will be subject to “plusvalía tax”, which is based on the increasement in the land value, and also to “capital gains tax” on the profits.  A 3% of the sale amount might be withheld to cover any potential capital gains due.

Yes, but you must comply with local regulations. If you intend to buy a property as an investment for short-term rental (e.g. through Airbnb), make sure that this is possible before you buy, as there are many restrictions that may apply to the property you have chosen. Seeking advice from an independent lawyer is the best option.

Rental income is subject to income tax in Spain. If you are a non-resident, the rate is 24%, but EU citizens can benefit from a lower rate (19%). You must file a tax return to declare this income. Deductible expenses, such as maintenance, can reduce your taxable income.

Spanish law protects both landlords and tenants. If you face problems, such as non-payment of rent, you must seek legal advice of a lawyer to initiate an eviction process. However, this process can be slow, so it’s important to have a well-drafted lease agreement.

What are the community fees, and do I have to pay them?

If you own property in a building with shared facilities (such as an apartment), you will likely need to pay community fees (“gastos de comunidad”). These cover the upkeep of common areas (e.g., elevators, gardens, swimming pools). Failure to pay community fees can result in legal action against you.

Disputes with the “community of owners” (comunidad de propietarios) are common, especially regarding fees or usage of common areas. Attend community meetings to voice your concerns. If the dispute escalates, legal action through the civil courts may be necessary.

If you discover that your property has not been correctly registered at the Land Registry (Registro de la Propiedad), you should consult a lawyer immediately. They will guide you through the process of rectifying the registration, which may involve gathering the appropriate documents and possibly engaging in legal proceedings.

Changing the use of a property is subject to strict local regulations and planning rules (“normas de planeamiento urbanístico”).  You will need to apply for permission from the local council and ensure that the intended use complies with the area’s planning rules. Consulting with a lawyer and with an architect beforehand is advisable.

The process can take anywhere from a few weeks to a few months, depending on the complexity of the transaction and whether a mortgage is involved. Once the purchase agreement is signed (*contrato de arras*), the sale usually completes within 1-3 months.

The Land Registry (“Registro de la Propiedad”) is a public record where property ownership and rights are registered. It is crucial to verify that the property you are purchasing is properly registered to avoid future legal issues, such as disputes over ownership, encumbrances on the property, incorrect or outdated descriptions which need to be rectified, etc.

Yes, foreigners can inherit property in Spain, whether by will or in the case of legal heirs. If you inherit property, you will be required to pay “inheritance tax”, which in Andalusia varies substantially depending on the value of what is inherited, and on the degree of kinship between the heir and the deceased. Getting an NIE number is the first requirement you will have to fulfill.

The “plusvalía” is a local tax paid when a property is sold or transferred. It is based on the increase in the value of the land (excluding edifications) during the time the previous owner owned the property. The amount depends on the property’s location, and the length of ownership.

Once a purchase agreement (“contrato de arras” or “contrato privado de compraventa”) is signed, if you change your mind, you may forfeit your deposit or be subject to penalties. In some cases, you may negotiate terms with the seller, but typically, the agreement is binding unless specific clauses for revocation are included.

Buying a new property usually involves paying VAT (10%) and stamp duty (1,5% in Andalucía). You may also benefit from modern amenities and guarantees provided by developers.

Purchasing a resale property comes with transfer tax (7% in Andalucía as a general rule) but may involve fewer regulatory requirements, as previous owners will have dealt with them.

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