⏱ 9 min read
✍️ Tharros Brokers — Valencia
The buying process in Spain looks straightforward from the outside — agree a price, sign a few papers, collect the keys. In reality, it involves detailed legal checks, multiple contracts, regional tax differences, and a notary system that surprises most foreign buyers. This guide walks through every stage of a Spanish property purchase, with notes on what to watch for as a non-resident.
In this guide
- Get your NIE number first
- Legal property checks
- Building survey
- Reservation agreement
- The purchase contract (arras)
- Securing your mortgage
- Signing the title deed at the notary
- Land Registry registration
- Post-completion tasks
- Buying costs & taxes: what to budget
Buying Process Spain: Get Your NIE Number First
Before any contract is signed and before any bank will process a mortgage application, you need an NIE number — Número de Identidad de Extranjero. This is Spain’s identification number for foreign nationals and it appears on every legal document in the buying process.
Without an NIE, you cannot sign a purchase contract, open a Spanish bank account, or pay property taxes. Apply for it as early as possible — either in person at a Spanish consulate in your home country, or at a Comisaría de Policía in Spain with Form EX-15.
⚠️ Allow 2–4 weeks minimum if applying at a Spanish consulate. Processing times vary by location. In Spain, same-day appointments are sometimes available but rarely guaranteed.
Buying Process Spain: Conduct the Legal Property Checks
Once you’ve identified a property you want to buy, your lawyer will carry out a full set of background checks before any money changes hands. These checks exist to protect you from problems that are not visible when you walk through the door.
What your lawyer checks
Confirms legal ownership via the Nota Simple from the Land Registry
Checks for debts, unpaid mortgages, liens, court judgements and unpaid community fees
Confirms no sitting tenants or pre-emptive rights on the property
Verifies original planning permission and any subsequent structural changes
Checks for special rural land restrictions or heritage protection orders
For new builds: confirms the property is insured against structural defects (10-year guarantee)
The Nota Simple is the key document here — a Land Registry extract that shows who owns the property, its registered size, and any charges. Your lawyer should obtain this directly from the Registro de la Propiedad, not from the seller.
Commission a Building Survey
Surveys are not mandatory in Spain but are strongly recommended, particularly for older properties. A RICS-qualified chartered surveyor will inspect the structure, report on any defects, and confirm the property’s actual measurements against what the title deed states.
💡 Negotiation leverage: A survey report gives you grounds to renegotiate the price based on the cost of repairs. Many foreign buyers use a survey finding to reduce the agreed price by €5,000–€20,000 on older properties.
Always request the Energy Performance Certificate (Certificado de Eficiencia Energética) from the selling agent. This is legally required in Spain and gives a clear picture of ongoing energy costs and what improvements would be needed.
The Reservation Agreement
A reservation agreement takes the property off the market — typically for 30 days — in exchange for a holding deposit. This deposit is usually between €3,000 and €6,000, and in most cases it is non-refundable unless the contract explicitly states otherwise.
⚠️ Critical: Reservation contracts are more legally binding than they appear. Never sign one or hand over any deposit without your lawyer’s explicit approval. Insist on holding deposit funds with the vendor’s solicitor — not the estate agent.
Reservation contracts are not legally required, but they are standard practice. If you condition the reservation on legal checks passing, a satisfactory survey, and mortgage approval, your risk is manageable and recovery of your deposit is possible if conditions are not met.
The Purchase Contract — Contrato de Arras
This is the point of no return in the Spanish buying process. Signing the purchase contract and handing over a deposit of typically 10% of the agreed price commits both parties. Most foreign buyers sign a contrato de arras (deposit contract).
If the buyer pulls out
The buyer forfeits the entire deposit — no exceptions unless conditions are written into the contract.
If the seller pulls out
The seller must repay double the deposit amount to the buyer as compensation.
The contract specifies the final price, timeline, which fixtures and fittings are included, and who is responsible for which closing costs. Completion typically takes place within 30–90 days of signing the arras.
Types of purchase contract:
• Contrato de arras — most common for foreign buyers; symmetric penalties for both sides
• Contrato privado de compraventa — preliminary private sales agreement
• Contrato de paga y señal — down payment contract; less commonly used
Buying Process Spain: Securing Your Non-Resident Mortgage
Most foreign buyers require a Spanish mortgage. Non-residents can borrow up to 70% LTV — meaning you need at least 30% of the purchase price as a deposit, plus closing costs on top.
The mortgage process in Spain runs parallel to the legal process, not after it. Getting a pre-approval before you sign the arras contract is essential — it protects your deposit if the bank’s valuation comes back below the agreed price.
Mortgage timeline for non-residents
Pre-approval (Day 1–2)
Submit income documents, bank statements, and property details. Tharros gets a decision in 24 hours.
Bank valuation / tasación (Week 1–2)
The bank commissions an official valuation. This is mandatory and costs €300–€600.
Full mortgage offer (Week 2–4)
Bank issues the binding mortgage offer. Spanish law requires a 10-day reflection period before signing.
FEIN & FIAE documents
The bank provides the European Standardised Information Sheet (FEIN) and cost warnings (FIAE). Keep these.
Notary signing
Both the purchase deed and mortgage deed are signed simultaneously at the notary.
2019 Mortgage Law advantage for buyers: Under the Ley 5/2019, the bank now pays the notary, stamp duty (AJD), and Land Registry fees for the mortgage deed. As the buyer, you only pay the valuation fee and any arrangement fee (many Spanish banks charge zero arrangement fees in 2026).
Signing the Title Deed — The Notary
Completion in Spain takes place at the offices of the notary (notario). All parties must be physically present or represented via Power of Attorney — the buyer, the seller, the bank providing your mortgage, and the bank representing the seller’s existing mortgage. Even the estate agent often attends to collect their commission.
The notary will read the entire title deed aloud. If you are not a fluent Spanish speaker, you are legally required to have an interpreter — typically your conveyancing lawyer. The notary checks all paperwork, confirms identities, and witnesses the signing.
Sign the escritura
You sign the title deed (escritura pública) transferring ownership
Receive the keys
Final payment is made and keys are handed over at the notary table
Get copia simple
The notary provides an authorised copy of the deed — your immediate proof of ownership
Power of Attorney tip: If you cannot attend in person, a Spanish Poder Notarial allows your lawyer to sign on your behalf. This must be granted before a notary and, if signed abroad, apostilled. It is the standard approach for many non-resident buyers who complete remotely.
Register Ownership at the Land Registry
After signing, your lawyer collects the original deed and lodges it at the Registro de la Propiedad (Land Registry). This step is critical — in Spain, the legal system protects registered ownership, not physical possession of the deed.
Timeline: Registration can take up to three months to complete. During this window your ownership is protected by a priority notice lodged the day of signing, but the formal registration takes time to process.
Until registration completes, the bank retains the original mortgage deed. Once fully registered, you receive the escritura back stamped with your registered title.
Buying Costs in Spain: What to Budget
One of the most common mistakes foreign buyers make is budgeting only the asking price. In Spain, closing costs typically add 9–15% on top of the purchase price. Here is a full breakdown:
| Cost | Rate | Notes |
|---|---|---|
| ITP — Transfer Tax (resale) | 6%–10% | Varies by region. Valencia: 10% (dropping to 9% from June 2026). Madrid: 6%. Andalusia: 7%. |
| VAT / IVA (new builds only) | 10% | Replaces ITP on new-build properties. Canary Islands: 7% IGIC. |
| Stamp Duty — AJD (new build) | 0.5%–1.5% | Paid on top of IVA for new builds. Set by each Autonomous Community. |
| Notary fees | €800–€1,500 | Fixed by government scale. Applies to the purchase deed (buyer pays) and mortgage deed (bank pays since 2019). |
| Land Registry fee | 0.02%–2% | Scales with property price. Typically €400–€900 for most transactions. |
| Lawyer / conveyancing | ~1% + 21% VAT | Not mandatory but essential for non-residents. Handles all legal checks, NIE, contracts. |
| Bank valuation (tasación) | €300–€600 | Mandatory if taking a mortgage. Commissioned by the bank, paid by the buyer. |
| Gestoría (admin) | €300–€500 | Handles post-completion tax filings and registry paperwork. |
| Total (resale, with mortgage) | 11–14% | Typical range for a non-resident buying a resale property with a mortgage. |
Example — €300,000 resale apartment in Valencia (Costa Blanca):
ITP at 10% = €30,000 | Notary ~€1,100 | Registry ~€700 | Lawyer ~€3,630 | Valuation €450
Total additional costs: ~€35,880 (~12%)
You need the purchase price + 30% deposit + ~12% in costs = total funds needed: ~€125,880 liquid for a €300,000 property with a 70% LTV mortgage.
Post-Completion Checklist
Once the title deed is signed and you have the keys, several administrative tasks need attention in the weeks that follow:
Utility transfers: Notify electricity, water and gas companies of the change in ownership and sign new contracts in your name
Community of owners: Inform the building’s community administration (administrador de fincas) of the ownership change
ITP tax payment: Must be paid within 30 days of signing the escritura. Your lawyer or gestoría handles this to the regional tax authority
Padrón registration: If residing in Spain, register at your local town hall (empadronamiento) — required for healthcare, school, and many local services
Update your will: Consult a solicitor about Spain’s inheritance laws. EU citizens can choose between the law of residence or nationality
Modelo 210: Non-residents must file this annual imputed income tax form. Applies even if you don’t rent the property out
Pro Tips for Non-Resident Buyers
Open a Spanish bank account before you start
Most Spanish banks require a non-resident account to process a mortgage. Open it early — the process involves KYC documentation and can take 1–2 weeks.
Never use the seller’s lawyer
Your lawyer must be independent. Accepting the seller’s recommended solicitor is a common mistake that removes protection at the most critical stage.
Budget for currency exchange
If your income is in GBP, USD, CAD or another currency, use a specialist FX provider rather than your high street bank for the deposit and purchase funds.
Check the catastral value vs asking price
The catastral value (tax value) is often lower than the market price. ITP is calculated on whichever is higher — the declared price or the regional minimum reference value.
Don’t rush the mortgage
Banks in Spain typically need 4–6 weeks from full application to mortgage offer. Factor this into your arras contract timeline — agree a completion date 8–10 weeks out minimum.
Frequently Asked Questions
Sources: Agencia Tributaria (AEAT) — Spanish tax authority; Investropa 2026 buying costs data. This article is for informational purposes only and does not constitute legal advice. Always instruct an independent Spanish lawyer before committing to any property purchase.