Check the contract before you sign it.
In Spain the decision is not taken before the notary. It is taken weeks earlier, in a private contract that most buyers sign without legal review.
Buying in Spain, stage by stage.
A Spanish purchase is decided earlier than a German one: not before the notary, but in the private contract that precedes it. That is where the risks we check are found.
ReservationReserva
A reservation agreement, often on the agent's own form. It already binds you.
What matters hereIts wording decides what your payment is in law. That decides what happens to your money later.
Private contractContrato de arras
Purchase contract with a deposit, customarily around ten per cent of the price.
What matters hereArras penitenciales, confirmatorias or penales — three legal consequences under one word.
Due diligenceNota simple
Extract from the Registro de la Propiedad, cadastre, encumbrances, planning status, community bylaws.
What matters hereUnfinished inheritances, undischarged mortgages, missing co-owner consents, unresolved planning questions.
CompletionEscritura pública
Notarial deed of sale, payment of the price, handover.
What matters hereIf the seller fails in his duties to cooperate, his conduct may amount to withdrawal — with the deposit repayable twice over.
Registration and taxRegistro·Impuestos
Registration, ITP on a resale or IVA plus AJD on a new build, plusvalía municipal.
What matters hereThe tax base is the valor de referencia. Thereafter annually: IBI and, without Spanish residence, non-resident income tax.
What we check before you sign.
Title and register
Is the seller registered at the Registro de la Propiedad? Is an inheritance completed? Do area and description match the cadastre?
Encumbrances
Mortgages, usufruct, rights of way, restrictions on disposal, attachment entries, outstanding community charges.
Planning
Building licence, certificate of habitability, unregistered extensions, location within a protected zone, tourist letting licence.
Contract
Which kind of arras? What deadlines, what duties of cooperation on the seller's side, what follows from delay — and who bears which costs?
Tax
Tax base, transfer tax due, plusvalía municipal, withholding on a non-resident seller, the recurring burden afterwards.
What comes on top of the price.
Transfer tax on the purchase of an existing property. The rate is set by the autonomous region.
Value added tax and stamp duty on a purchase from a developer.
Municipal tax on the increase in land value. It falls on the seller in principle, though agreements to the contrary are common.
Deed and registration, on the statutory scale.
Thereafter annually: municipal property tax and, without Spanish residence, non-resident income tax.
Rates depend on the autonomous region, on the type of property and on its value. We calculate them for your case before you sign — blanket percentages mislead.
What buyers ask us first.
Do I need an NIE number?
Yes. Without a Número de Identidad de Extranjero you cannot buy property in Spain, open an account or file a tax return. Obtaining one is among our online services.
What is the difference between arras penitenciales and arras confirmatorias?
Arras penitenciales under article 1454 of the Spanish Civil Code give both sides a right of withdrawal: the buyer forfeits the deposit, the seller owes it twice over. Arras confirmatorias merely confirm that the contract is concluded and open no right of withdrawal. Which kind was agreed follows from the wording of the contract, not from its heading.
What is the valor de referencia?
A reference value set by the Spanish cadastre for each property. Since 2022 it is the base for transfer and inheritance tax where it exceeds the agreed price. The Spanish Constitutional Court upheld the rule in February 2026.
Do I have to travel to Spain for completion?
Not necessarily. We can represent you there under a notarial power of attorney. The power has to be executed, apostilled and translated — which takes time and should be planned early.
Free initial assessment for property purchases and sales.
Two sentences are enough. You receive an outline assessment of the procedure, the costs and the benefit of instructing us.
The initial assessment is an outline explanation of the procedure, costs and advantages of instructing our firm for property purchases and sales in Spain or Germany. It is limited to the purchase or sale of existing or newly built property by private individuals.