LEGAL SERVICES

Conveyancing and Property Law

Independent legal advice for property transactions, ownership issues and real estate disputes in Spain

As an independent English-speaking property lawyer based in Málaga, I advise international clients on property transactions, property ownership issues and real estate disputes in Málaga, the Costa del Sol and across Spain.

Whether you are buying or selling a property in Spain, need comprehensive legal due diligence before committing to a transaction, or already own a Spanish property and are facing a registration, boundary, ownership or other legal dispute, I provide direct and independent legal advice throughout the process.

With more than 30 years of legal practice in Málaga, I personally handle each matter and communicate directly with my clients in English. I am not affiliated with any estate agency, developer, bank or finance company. I represent exclusively my client’s interests, identifying legal risks before a transaction is completed and providing strategic legal advice when a property problem or dispute has already arisen.

My role is not simply to process a property transaction, but to ensure that you understand its legal implications, identify potential risks at an early stage and have independent legal representation throughout the matter.

Buying Property in Spain: Independent Legal Advice and Due Diligence

  • 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.

    All communication is in English, so you fully understand each step of the process and your legal position.

    Legal due diligence is particularly important before signing a reservation agreement or deposit contract and transferring substantial sums of money. Once contractual obligations have been assumed, resolving a problem may be considerably more difficult and expensive than identifying it beforehand.

Selling Property in Spain: Legal Advice for International and Non-Resident Owners

  • 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.

Property Ownership Issues and Real Estate Disputes in Spain

  • 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.
  • Legal advice and representation in real estate and property disputes before the Spanish Courts, including ownership claims, possessory actions, recovery of ownership, eviction of unlawful occupants, Land Registry disputes, boundary disputes, co-ownership conflicts and other proceedings concerning rights over property. Where appropriate, I will first assess whether the dispute can be resolved through negotiation or another suitable means of dispute resolution before court proceedings are commenced.

Residential and Commercial Leases

  • 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 an English-speaking lawyer handle my property matter in Spain if I live abroad?

Yes. Many property transactions and disputes can be handled while the client remains outside Spain.

I regularly advise international clients remotely, review documentation, carry out legal investigations, communicate with the other parties and professionals involved and, where appropriate, represent clients under a power of attorney.

If court proceedings become necessary, I can provide legal representation before the Spanish Courts and coordinate the procedural steps required in Spain while keeping you informed directly in English.

 

The NIE (Número de Identidad de Extranjero) is the identification number assigned to foreign nationals who have economic, professional or social interests in Spain. It is commonly required for property transactions and related tax and administrative procedures.

Depending on the circumstances, it may be obtained in Spain or through a Spanish Consulate abroad. I can also assist international clients with the NIE procedure and, where legally possible, handle it under an appropriate power of attorney.

Yes. In addition to the purchase price, buyers should budget for the taxes and transaction costs associated with the acquisition.

The taxes payable depend principally on whether the property is a resale or a new-build property, the location of the property, the nature and value of the transaction and the circumstances of the buyer. Depending on the transaction, these may include Transfer Tax (ITP), VAT (IVA) and Stamp Duty (AJD).

Buyers should also take into account Notary and Land Registry fees, legal fees and, where financing is involved, any costs associated with the mortgage.

The applicable taxes and estimated acquisition costs should be calculated for the particular transaction before the buyer commits to the purchase.

Yes. When buying property in Spain, it is advisable to obtain legal advice from a lawyer who acts exclusively in your interests and is independent of the estate agent, developer, bank or other parties involved in the transaction.

An independent lawyer can carry out legal due diligence, review and negotiate the contractual documentation, identify potential legal or planning issues and advise you on the risks of the transaction before you commit substantial funds.

The checks required depend on the property and the transaction. They may include verification of ownership and Land Registry information, charges and encumbrances, cadastral information, planning or administrative issues where relevant, community debts, local taxes and the contractual terms proposed to the buyer.

The lawyer should also identify any particular circumstances affecting the transaction before advising the client whether it is appropriate to proceed.

For this reason, legal advice should ideally be obtained before signing a reservation agreement or deposit contract and before transferring substantial funds.

Yes. Spanish banks may provide mortgage finance to foreign and non-resident buyers, although lending criteria can differ from those applied to Spanish residents.

The amount available, interest rate, repayment period and other conditions depend on the lender’s policies and the applicant’s income, age, financial position, creditworthiness and the property concerned.

If your purchase depends on obtaining finance, this should be taken into account before entering into a binding purchase agreement or paying a substantial deposit.

A property sale in Spain may give rise to Spanish tax obligations, including taxation of any capital gain and, where applicable, municipal tax on the increase in value of urban land (plusvalía municipal).

Where the seller is a non-resident taxpayer, the purchaser is generally required to withhold 3% of the agreed purchase price and pay it to the Spanish Tax Agency as a payment on account of the seller’s potential Non-Resident Income Tax liability, subject to the applicable legal exceptions.

Before completing the sale, the seller should also ensure that the property’s legal and Land Registry position is in order and identify any outstanding charges, taxes or other issues that may affect completion.

Possibly, but this should be checked before you commit to the purchase. The fact that a property is suitable for residential use does not automatically mean that it can legally be used for short-term tourist accommodation.

The position may depend on regional tourism regulations, municipal planning rules, the property’s legal status and, where the property forms part of a community of owners, the applicable community rules and approvals.

For owners seeking to commence tourist rental activity in a property subject to the Spanish Horizontal Property Law, current legislation may require the express approval of the community of owners.

If you are buying specifically for holiday-rental investment, these issues should form part of the legal due diligence before signing a reservation or deposit agreement.

Yes. Rental income derived from property located in Spain may be subject to Spanish taxation, including where the owner is not resident in Spain.

The applicable tax treatment, rate and possibility of deducting expenses depend on the owner’s tax status and circumstances and on the rules in force at the relevant time.

Non-resident owners should therefore obtain appropriate tax advice and comply with the applicable Spanish filing obligations.

The appropriate action depends on the nature of the problem, such as non-payment of rent, expiry or breach of the lease, unauthorised use of the property or property damage.

Before commencing court proceedings, the lease and the particular circumstances should be reviewed to determine the appropriate legal remedy and any procedural steps that must first be taken.

Where necessary, I can advise and represent landlords or tenants in negotiations and legal proceedings in Spain.

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

If you own a property forming part of a community of owners (comunidad de propietarios), you will normally be required to contribute to the expenses of maintaining and managing the building and its common elements.

The amount payable depends on the property’s participation quota and any valid agreements adopted by the community. Unpaid community fees can be formally claimed against the owner.

Disputes with a community of owners may concern community fees, use of common areas, building works, alterations, tourist rentals or the validity and enforcement of decisions adopted by the community.

The appropriate course of action depends on the nature of the dispute and the decision or conduct being challenged. Where agreement cannot be reached, legal proceedings may be necessary to protect the owner’s rights.

Legal advice should be obtained promptly where a community resolution is to be challenged, as statutory deadlines may apply.

If the physical or legal description of your property does not correspond with the Land Registry, Cadastre or title deeds, the appropriate procedure will depend on the nature of the discrepancy.

Issues may concern the registered surface area, boundaries, buildings or extensions that have not been declared, ownership details or discrepancies between the Land Registry and Cadastre.

I can assess the documentation and advise on the appropriate notarial, cadastral, Land Registry or judicial procedure required to regularise the position.

A change of use may be possible, but it is subject to the applicable planning, building and administrative regulations. The requirements depend on the property, its current and proposed use and the rules of the relevant municipality.

Before carrying out works or commiting to a project, the planning position should be checked and any required licenses, authorisations and other formalities identified. Advice from both a lawyer and an architect may be appropriate.

There is no standard timeframe for completing a property purchase in Spain. The time required depends on the transaction, the results of the legal due diligence, the contractual timetable agreed between the parties, whether mortgage finance is required and whether any legal or administrative issues need to be resolved before completion.

The proposed completion date should therefore be agreed only after considering the circumstances of the particular transaction.

The Spanish Land Registry (Registro de la Propiedad) records ownership and registered rights and charges affecting real estate. Checking the Land Registry is an essential part of legal due diligence before buying property in Spain.

However, a Land Registry check alone is not sufficient. Depending on the property, due diligence may also require examination of cadastral information, planning and building matters, community debts, local taxes and other legal or administrative issues.

Yes. Foreign nationals can inherit property and other assets in Spain. An international inheritance involving Spanish property may require Spanish succession formalities, tax filings and subsequent registration of the inherited ownership at the Land Registry.

The applicable succession law and the Spanish tax treatment are separate questions and should be assessed according to the circumstances of the deceased, the heirs and the estate.

The municipal plusvalía (Impuesto sobre el Incremento de Valor de los Terrenos de Naturaleza Urbana) is a local tax that may arise when urban property is transferred, including by sale, gift or inheritance.

Whether tax is payable and how it is calculated depend on the circumstances of the transfer and the applicable legal rules. It is separate from any taxation of the capital gain arising from the transaction.

It depends on the type of agreement signed and its terms. A reservation agreement, deposit agreement (contrato de arras) and private purchase contract can have different legal consequences.

In particular, not every deposit operates as a simple right to withdraw by forfeiting the amount paid. The consequences of withdrawing may include loss of the deposit, payment of an agreed penalty or, depending on the contract, a claim seeking performance of the agreement or compensation.

The contract should therefore be reviewed by an independent lawyer before it is signed and before substantial funds are transferred.

New-build and resale properties are subject to different tax regimes and can present different legal risks.

When buying a new-build property, due diligence may include the developer’s legal status, planning and building permissions, guarantees for advance payments, completion documentation and the contractual arrangements for delivery of the property.

When buying a resale property, particular attention should be paid to ownership and registered charges, cadastral and Land Registry information, planning and building issues, community debts, local taxes and any alterations or extensions made by previous owners.

In either case, independent legal due diligence should be completed before the buyer becomes contractually committed.

CALL ME

DISCUSS YOUR PROPERTY MATTER WITH AN ENGLISH-SPEAKING LAWYER

If you are buying or selling property in Spain, need independent legal due diligence before signing, or are facing a property ownership issue or real estate dispute, you can discuss your matter directly with me.

I provide personal and independent legal advice to international clients from my office in Málaga (by appointment only) and by video consultation.

I am Raquel Yepes, an English-speaking lawyer with more than 30 years of legal practice in Málaga and a member of the Málaga Bar Association (Member no. 2980).

Independent legal advice for international clients.

Consultation fee applies.

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