We are now almost a week into the restart of possession claims after the stay was lifted and there are a number of new rules which have been brought in...
Buying a property in Spain
When buying a property in Spain it is important to choose a specialist Spanish lawyer who is familiar with the local conveyancing system. Our bilingual lawyers can manage your purchase to ensure that your interests are protected and that you receive independent advice.
Ideally, you should instruct your lawyer as early as possible and certainly before signing a reservation or purchase contract, or paying a preliminary deposit. By seeking legal advice, you can be sure that you are fully aware of all your rights and obligations under any given contract and you can be confident that the property has all the necessary planning permissions and licences and can be transferred to you free of any charges. Our lawyers provide the following services for the purchase transaction:
- Obtain a registry report (nota simple) from the Land Registry to see if there are any outstanding charges or debts on the property. This will also ensure that the seller is the registered owner of the property with the right to sell
- Verify the urban classification and the urban development plans of the land on which the property is built
- Verify that all the building licences are in place
- Help you obtain the documentation needed during completion. In particular:
- Arranging for a Power of Attorney to be granted enabling another person to attend completion on your behalf if you are unable to attend in person
- Arranging an appointment with a Notary close to wherever you are based and ensure that the Power of Attorney is properly legalised at the Foreign Office in order to be valid in Spain
- Arranging the application for an NIE number if you do not have one. This is an identification number which Spanish Law requires any non-Spanish resident to have and, importantly, it is a Notary requirement in order to be able to complete any purchase
- Draft all the contracts that will be necessary upon completion: preliminary contracts, draft deed of sale and deeds of sale (“Escritura”)
- Ensure that your position as a buyer is protected by negotiating any issues that arise with the seller
- Provide you with full independent advice about all aspects of your purchase to enable you to make an informed decision about the purchase
- Arrange for completion before the Notary and representation by your Attorneys at which time the purchase deeds will be signed, registered at the Land Registry and the fees paid on your behalf
- Provide you with a breakdown of expenses which will set out all of the payments due in order to complete
We provide expert advice in all aspects of Spanish property law for individuals and property-owning companies. We provide bilingual assistance in relation to buying, owning and selling a property in Spain, whether you are a non-Spanish speaking client, or more familiar with Spain, its language and legal system. We can also advise on Wills, succession matters and assist with Spanish litigation both in the UK and in Spain.