Alicante Lawyers

Real Estate Lawyer in Spain

Lawyers specialising in property law for foreign buyers and investors

A real estate lawyer in Spain protects buyers, sellers and investors by checking title, debts, planning status, licences and contracts before money becomes non-refundable. Foreigners can buy property in Spain without becoming residents, but the transaction must comply with Spanish property, tax, anti-money-laundering and foreign-investment rules. Pellicer & Heredia advises international clients throughout Spain, with particular experience on the Costa Blanca, coordinating due diligence, negotiations, notary completion, tax formalities, registration and post-completion matters.
Reviewed by Ignacio Pellicer Molla, Immigration and International Tax Lawyer at Pellicer & Heredia firm
  • Bar Association no. 5918
  • Languages: English, Spanish and Italian
  • Last updated: August 2026

We help you buy, sell or invest in property in Spain with complete legal certainty

We accompany you throughout the entire process: property sales, real estate investments, contracts, due diligence, inheritance and dispute resolution, ensuring a secure, transparent transaction without legal risks.

In which country do you currently reside?

Spanish property law advice built around your transaction

Every property matter has a commercial objective and a legal risk. A buyer may need to know whether an extension is lawful before paying a deposit. A seller may need to clear a mortgage, inheritance issue or planning discrepancy before completion. An investor may require a structure that works for acquisition, finance, rental income, tax and a future exit.

Our role is to identify those issues early, explain their practical effect and turn the legal analysis into a workable route to completion or resolution. Pellicer & Heredia combines real estate, civil, planning, tax, immigration and inheritance expertise so that international clients do not have to manage disconnected advisers for the same Spanish asset.

What does a real estate lawyer in Spain do?

Independent conveyancing solicitors protects your position before, during and after the transaction. The work goes beyond attending the notary. It starts with the legal status of the property and continues through contract negotiation, completion, tax formalities, registration and any post-completion issue that remains outstanding.

Depending on the matter, our lawyers can:

  • Confirm ownership and the seller’s authority to transfer the property
  • Review mortgages, attachments, easements, usufructs and other registered limitations
  • Compare Land Registry, Cadastre, planning and physical property information
  • Check licences, lawful use, community debts, local taxes, tenants and occupancy
  • Draft or negotiate reservation agreements, arras contracts, private contracts and deeds
  • Coordinate the NIE, power of attorney, source-of-funds evidence, finance and notary completion
  • Assess foreign-investment declarations, non-resident withholding and post-completion filings
  • Advise on planning, development, leases, construction defects and property disputes

Who we advise?

The service is designed for international clients who need one legal team to understand both Spanish property law and the cross-border context of the decision.

Foreign buyers and sellers

Individuals purchasing a home, second residence, investment property, rural property, new build or commercial asset, as well as owners preparing a sale.

Investors and family offices

Clients acquiring portfolios, high-value residences, land, commercial premises or assets held for rental, development or long-term investment.

Developers and companies

Promoters, Spanish and foreign companies, joint-venture partners and lenders requiring transactional, planning or contractual support.

Landlords, tenants and property owners

Residential and commercial lease advice, community matters, possession, contractual enforcement and asset-management issues

International families

Owners who need property decisions coordinated with residence, non-resident tax, wealth tax, wills and inheritance planning.

Can foreigners buy property in Spain in 2026?

Foreign nationals and non-residents can generally acquire property in Spain. Spanish residence is not normally a precondition, but the buyer must obtain an NIE and satisfy the tax, banking, source-of-funds and anti-money-laundering requirements that apply to the transaction.

Three additional points require particular attention in an international purchase:

Foreign-investment reporting

A non-resident acquisition above EUR 500,000 may fall within the foreign-investment declaration rules. Where applicable, Form D-2A is generally filed within one month of the investment.

Restricted defence zones

Certain non-EU acquisitions in legally protected military areas may require prior authorisation. This is an exceptional, location-specific check rather than a general prohibition on foreign ownership.

Residence is separate

Buying a property does not itself give the owner a right to live in Spain. The property-based Golden Visa route ended on 3 April 2025, so any residence strategy must qualify under another immigration category.

Our real estate legal services in Spain

Pellicer & Heredia advises across the full property life cycle, from the first review of an asset to a future sale, succession or dispute. The precise scope is agreed at the start so that the client knows which checks, documents and filings are included.

Purchase and sale transactions

Negotiation and review of reservation agreements, arras contracts, private purchase contracts, deeds and completion documents.

Legal due diligence

Verification of ownership, mortgages, attachments, easements, planning legality, licences, community debts, local taxes and occupancy status.

New-build and off-plan property

Developer, land, building licence, stage-payment guarantee, insurance, first-occupation and handover checks.

Real estate investment

Acquisitions, portfolios, commercial property, investment structures, joint ventures and legal coordination with tax advisers.

Planning and development

Planning status, land classification, licences, development agreements, enforcement matters and administrative proceedings.

Leases and asset management

Residential and commercial leases, renewals, rent disputes, termination, guarantees and possession issues.

Mortgages and finance

Independent review of mortgage documentation, security, conditions precedent and completion arrangements.

Property disputes

Breach of contract, deposits, hidden defects, construction defects, boundaries, title, ownership, community and tenancy disputes.

Succession and ownership planning

Coordination of property ownership with Spanish wills, inheritance tax, family arrangements and cross-border estates.

Legal due diligence before you buy

The safest time to find a property problem is before the deposit becomes non-refundable. Our review is tailored to the property type, location and intended use rather than limited to a standard Land Registry extract.

Area checked
What the review is designed to establish

Ownership and authority to sell

We confirm the registered owner, legal capacity and any powers used by a representative.

Mortgages, charges and restrictions

The Land Registry is checked for mortgages, attachments, easements, usufructs, prohibitions and other limitations.

Registry and Cadastre consistency

The description, surface area, boundaries and cadastral reference are compared to detect discrepancies.

Planning legality

We review land classification, permitted use, planning infringements and the legal status of extensions, pools and annexes.

Licences and occupation

Depending on the property, we check building, first-occupation, activity, tourist-rental or other relevant licences.

Community of owners

The debt certificate, statutes, recent minutes, approved special assessments and known building works are reviewed.

IBI and local liabilities

We check local property tax documentation and other municipal issues that may affect the property.

Tenants and occupants

The transaction is reviewed for leases, occupants, possession risks and rights that may continue after the sale.

New-build protections

For off-plan purchases, the developer, land title, licence, payment guarantee, insurance and completion documentation are examined.

Source of funds and foreign investment

We prepare for anti-money-laundering checks and assess whether foreign-investment reporting is required.

How a Spanish property transaction works step by step

A clear workflow prevents the estate agent, bank, seller, notary and advisers from working to different assumptions. We organise the legal sequence around the risks identified in the specific file.

Step 1- Define the transaction and ownership strategy

We identify the property, parties, financing, intended use and ownership structure before contractual commitments are made.

Step 2 - Prepare the buyer or seller for the transaction

Where required, we coordinate the NIE, power of attorney, banking, source-of-funds evidence and corporate documents.

Step 3 - Review the reservation or deposit terms

No non-refundable payment should be made until the refund conditions, deadlines and legal review rights are clear.

Step 4 - Carry out legal due diligence

We investigate the Land Registry, Cadastre, planning position, licences, debts, taxes, occupancy and other property-specific risks.

Step 5 - Negotiate and sign the private contract

The contract is adapted to the findings, with conditions, warranties, completion requirements and remedies for breach.

Step 6 - Coordinate finance and completion documents

We liaise with the bank, estate agent, seller, notary and other advisers so that funds and documents are ready.

Step 7 - Complete before the notary

The deed is checked and signed, the balance is paid, possession is transferred and any required withholding is handled.

Step 8 - Pay taxes, register title and close the file

We coordinate tax filings, Land Registry submission, utility or community changes and delivery of the final registered documentation.

Buying an off-plan or new-build property in Spain

Stage payments and construction risk make an off-plan acquisition materially different from buying a completed resale property. Before the buyer commits, the legal review should verify the developer, the ownership and status of the land, the planning and building licence, the contract specification, the completion timetable and the protection of amounts paid in advance.

The file should also address the mandatory insurance and completion documents, lawful occupation, utilities, snagging, community formation and any contractual remedy if the delivered property differs from the agreed plans or specifications. A marketing brochure or bank involvement is not a substitute for independent verification.

Legal support when selling Spanish property

A well-prepared sale reduces last-minute deductions and completion delays. We review the title and property documents, identify mortgages or registration issues, prepare or negotiate the contract, coordinate the deed and calculate the legal items that must be reflected in the completion statement.

When the seller is non-resident, the buyer must normally retain 3% of the agreed price and pay it to the Spanish Tax Agency using Form 211. We also coordinate, where included in the engagement, mortgage cancellation, community and IBI evidence, plusvalia municipal, capital-gains advice and representation through a power of attorney.

Property investment, development and ownership structures

Investment advice should begin with the intended use and exit, not with a presumption that a company is always better. We compare personal, joint and corporate ownership in coordination with the tax team, taking account of finance, rental activity, non-resident taxation, wealth tax, succession and the likely future disposal.

For development and commercial projects, the work may include land and planning due diligence, acquisition agreements, corporate vehicles, shareholder or joint-venture arrangements, leases, licences, construction documentation, financing conditions and negotiations with public authorities or counterparties.

Urban planning and property legality

A property can appear normal in the market while containing an extension, pool, converted garage, terrace enclosure or change of use that is not fully lawful or registered. Registry and Cadastre updates do not automatically legalise planning breaches.

Our lawyers assess land classification, permitted use, licences, enforcement history, legalisation options and the effect of any limitation on finance, insurance, occupation, rental or resale. Rural, coastal and protected properties require particular care because sector-specific restrictions may apply in addition to ordinary municipal planning rules.

Real estate disputes and risk managementa

Not every property problem should proceed directly to court. The first objective is to define the right, preserve the evidence and assess whether negotiation, formal notice, mediation, administrative action or litigation offers the best route.

We advise on breaches of reservation and private purchase contracts, recovery or loss of deposits, hidden defects, construction defects, title and boundary disputes, co-ownership, community conflicts, leases, possession, mortgage-related issues and planning enforcement. Where urgent protection is needed, we assess interim measures and registry actions alongside the main claim.

Property taxes and transaction costs

The purchase price is only one part of the budget. Tax depends on whether the property is a resale or a first delivery, the autonomous community, the value, the buyer’s circumstances and any available relief. Legal, notary, Land Registry, valuation and finance costs also vary by transaction.

Transaction item
General treatment

Resale purchase

Transfer Tax (ITP). Rates and reliefs are regional

New residential property

Normally 10% VAT on a first delivery, plus regional AJD

Costa Blanca from 1 June 2026

Valencian Community: general ITP 9%; 11% above EUR 1,000,000; general AJD 1.4%

Notary and Land Registry

Variable according to the deed, value and complexity

Legal fees

Confirmed in a written scope and quotation before work begins

Mortgage-related costs

May include valuation and borrower-specific financing costs

Ongoing ownership

IBI, community charges and potentially non-resident income tax, wealth tax or rental obligations

Sale

Capital-gains and local plusvalia issues; 3% buyer withholding where the seller is non-resident

For a detailed tax analysis, see our guide to real estate tax in Spain and request advice based on the property location, use and ownership structure.

Common mistakes foreign property clients mak

Most serious losses arise from timing rather than from an obscure legal rule. The buyer or seller signs first and asks for advice after the contract, deposit or completion date has already limited the available options.

  • Signing before legal review. Reservation forms and arras contracts can create binding obligations and put the deposit at risk.
  • Assuming the notary replaces independent advice. The notary controls legality and formal execution but does not perform the buyer-specific due diligence or negotiate protections.
  • Relying only on the estate agent. The agent acts in the transaction and should not be treated as the buyer’s independent legal adviser.
  • Ignoring Registry-Cadastre discrepancies. Differences in surface area, boundaries or buildings can delay finance, resale, licences or registration.
  • Accepting unregistered works. Extensions, pools, terraces and converted spaces may lack planning legality or registration.
  • Overlooking community minutes. Approved or expected special assessments can materially alter the real cost of ownership.
  • Choosing ownership without tax and succession advice. Personal, joint or company ownership can produce different income-tax, wealth-tax and inheritance consequences.
  • Believing that ownership creates residency. A property purchase and an immigration application are separate legal matters.

Why choose Pellicer & Heredia for Spanish real estate law?

International property matters rarely remain within one legal category. A purchase may affect residence planning, non-resident tax, wealth tax and inheritance. A planning problem may require administrative and civil-law analysis. A sale may need a mortgage discharge, power of attorney and cross-border tax coordination.

Pellicer & Heredia has advised international clients for more than two decades. Our property team works with the firm’s tax, immigration, inheritance, commercial and litigation lawyers, giving the client one coordinated strategy rather than a collection of disconnected answers.

  • English-speaking legal support and direct access to the lawyer handling the matter.
  • Particular experience with foreign buyers, sellers, investors and non-resident owners.
  • Property, planning, civil, tax and succession expertise within the same firm.
  • On-the-ground knowledge of Alicante and the Costa Blanca, with matters handled throughout Spain.
  • Remote instructions and completion through a power of attorney where appropriate, with a written scope identifying the checks, documents and post-completion work included.

Frequently Asked Questions

Spanish law does not require every buyer to appoint a lawyer, but independent legal advice is strongly recommended. The notary formalises the deed and checks certain legal requirements; the notary does not negotiate the contract for you or conduct buyer-specific due diligence. A real estate lawyer checks title, charges, planning status, licences, debts, occupancy, tax issues and contractual protections before your deposit or purchase price is exposed.

Yes. Foreign nationals and non-residents can generally buy residential or commercial property in Spain. The buyer will normally need an NIE number and must satisfy banking, source-of-funds and anti-money-laundering checks. Acquisitions in certain restricted defence zones may require military authorisation for some non-EU buyers. A foreign-investment declaration may also be required, particularly where a non-resident acquisition exceeds EUR 500,000.

No. Residence status and property ownership are separate. A non-resident can usually buy, own, rent or sell Spanish property without first obtaining a residence permit. You will, however, need an NIE for the transaction and tax formalities. Ownership also creates ongoing obligations, which may include IBI, community charges and non-resident income tax. Immigration advice should be obtained separately if you intend to live in Spain.

No. Purchasing a property does not by itself create a right to reside in Spain. The property-based Golden Visa route ended on 3 April 2025, so new buyers must qualify under another immigration category, such as a work, family, non-lucrative or digital-nomad route. Property planning and immigration planning should be coordinated, but they remain legally distinct processes with different eligibility requirements and deadlines.

No. As at 27 July 2026, the widely reported proposal to impose a tax of up to 100% on certain non-EU, non-resident property purchases has not entered into force. Reuters reported in March 2026 that the proposal had stalled in Congress. Because housing and tax policy can change, the position should be checked again immediately before signing or completing a transaction.

A nota simple is an informative Land Registry extract. It normally identifies the registered property, the owner and registered rights or burdens such as mortgages, attachments, easements, usufructs or restrictions. It is a core due-diligence document, but it is not enough on its own. The lawyer should compare it with the deed, Cadastre, planning records, community information and the physical reality of the property.

You should not sign or pay a non-refundable amount until a lawyer has reviewed the terms or the document gives you an effective legal-review condition. Reservation and arras contracts can create binding deadlines, define the consequences of withdrawal and expose the deposit. The safest wording makes the transaction conditional on satisfactory legal due diligence, finance where relevant, and the seller resolving identified title or planning issues.

A proper review normally covers ownership, legal capacity, mortgages, attachments, easements, Registry and Cadastre consistency, planning status, building and occupation licences, community debts, approved special assessments, IBI, leases, occupants and utilities. The scope changes for rural, coastal, commercial and off-plan property. The objective is to identify risks before the private contract becomes unconditional and to convert the findings into contractual protections.

A resale purchase is generally subject to Transfer Tax (ITP), with rates and reliefs set by the autonomous community. A first delivery of a new residential property is normally subject to 10% VAT plus regional Stamp Duty (AJD). Buyers should also budget for notary, Land Registry and legal costs. On the Costa Blanca, Valencian Community rates from 1 June 2026 include a general 9% ITP rate, 11% above EUR 1,000,000, and a general 1.4% AJD rate.

Yes, a Spanish or foreign company can acquire property, but company ownership is not automatically more tax-efficient. The decision may affect corporate tax, non-resident tax, wealth taxation, reporting, finance, succession and the cost of a future sale. Before incorporating or using an existing company, obtain a comparison between personal, joint and corporate ownership based on the property use, investment horizon, residence status and family circumstances.

Usually yes. A buyer or seller can grant a Spanish power of attorney authorising a lawyer or another trusted representative to obtain documents, sign contracts, attend the notary and complete related filings. The powers should be limited to the transaction and drafted precisely. Depending on where it is signed, notarisation, an Apostille and a sworn translation may be required before the document can be used in Spain.

There is no single statutory timetable. A straightforward cash purchase can progress quickly, while financing, title defects, planning checks, probate, company sellers or off-plan construction can extend the process. The private contract usually fixes a completion deadline, so the date should be agreed only after realistic due-diligence and financing periods have been assessed. A rushed timetable should never replace the checks needed to make the transaction legally secure.

The lawyer should confirm the developer’s legal identity, ownership of the land, planning and building licences, the contractual specification, completion timetable, stage-payment protection, mandatory insurance and the documents required for lawful occupation. Payments made before completion should be protected by the legally required guarantee arrangements. The handover process should also address snagging, utilities, community formation and any discrepancy between the agreed and delivered property.

Unregistered works may create planning, valuation, mortgage, insurance and resale problems. The first step is to establish whether the works are lawful, can be legalised, are time-barred for enforcement, or remain exposed to penalties or demolition. Registry and Cadastre updates do not automatically cure planning illegality. The contract should allocate responsibility, require documents or legalisation where possible, and give the buyer an exit or retention mechanism if the risk is unacceptable.

Certain property-related debts can affect the buyer or the property. Under the Horizontal Property Law, the property may be liable for community charges for the current year and the previous three calendar years. Unpaid IBI can also attach to the property in the circumstances provided by law. Your lawyer should obtain the community debt certificate, review recent minutes, check local tax evidence and ensure that the deed allocates outstanding liabilities correctly.

Where the seller is non-resident, the buyer must normally withhold 3% of the agreed purchase price and pay it to the Spanish Tax Agency using Form 211 as a payment on account of the seller’s non-resident capital gains tax. This is a buyer obligation, not an optional deduction. The completion statement and deed should reflect the withholding, together with any mortgage discharge, community debt or other agreed retention.

Yes. Independent advice can cover the loan offer, security, interest structure, fees, conditions precedent, linked products and the coordination of mortgage and purchase deeds. The bank and its appointed professionals protect the lender’s interests; they do not replace the buyer’s lawyer. Legal review is particularly important where the borrower is non-resident, the financing is cross-border or the loan is denominated or serviced from another jurisdiction.

The available remedy depends on the contract, the type of deposit, the breach and the evidence. Options may include requiring completion, terminating the contract, recovering the deposit, claiming an agreed penalty or seeking damages. Spanish arras clauses can produce very different consequences, so the wording matters. Prompt legal action is important to preserve evidence, meet contractual notices and prevent the property from being sold or further encumbered.

A Spanish will is not mandatory, but it is often advisable for international owners. It can simplify the Spanish succession process, coordinate with a will in another country and reduce uncertainty about executors, heirs and governing law. The will should be drafted as part of a cross-border estate plan, not in isolation. Ownership structure, marital regime, residence, nationality and inheritance tax exposure should be reviewed together.

Post-completion work normally includes paying or coordinating purchase taxes, submitting the deed to the Land Registry, responding to registry requirements, arranging changes with the community and utilities where agreed, and delivering the final registered title documentation. For international owners, the file should also identify ongoing obligations such as IBI, community charges, non-resident tax returns, rental compliance, wealth-tax exposure and future succession planning.

Speak to a real estate lawyer before the risk becomes binding

Send us the property details, draft contract, nota simple or description of the legal issue. We will identify the immediate risks, the documents that need to be checked and the most efficient next step for your transaction or dispute.

Request a legal review