Practical legal guide · Spain
Buying property in Spain as a foreigner: what to check before you sign
Buying a flat or house in Spain as a foreigner is common and legally open to EU and non-EU buyers alike. The risk lies in what you do not see: charges registered on the property, debts the seller owes to the community of owners, building work without a licence, or a seller who is not the registered owner. A lawyer in Spain checks this before you sign anything or pay a deposit.
Describe your caseUpdated and verified:
Short answer
- NIE number
- Land registry extract (nota simple)
- Community debt certificate
- Notarial deed
You need a foreigner's identity number (NIE), and before paying anything you should know what the land registry and the community of owners say about the property. Below we explain what is at stake and what a Spanish lawyer checks.
Describe your caseQuick answers
- Can foreigners buy property in Spain?
- Yes. Citizens of EU and non-EU countries can buy property in Spain. You need a foreigner's identity number (NIE).
- What is a nota simple?
- An extract from the Spanish land registry (Registro de la Propiedad) showing who owns the property and which charges, such as mortgages or seizures, are registered on it.
- Do I have to pay the seller's debts with the community of owners?
- The buyer answers with the property for the seller's unpaid community fees for the current year and the three previous calendar years. That is why the seller must declare in the deed whether any fees are outstanding.
When this situation arises
- You are buying a holiday home or an apartment on the coast (Costa del Sol, Costa Blanca, the Canary or Balearic Islands)
- You are moving to Spain and buying a home in a city such as Madrid, Barcelona or Valencia
- An estate agent asks you to sign a reservation or pay a deposit (arras) quickly
- The seller lives abroad or the property belongs to several heirs
What options do you have
Legal check before the deposit
A lawyer checks the land registry, charges, ownership and planning status before you sign a reservation or deposit contract.
Deposit contract with clear conditions
The deposit contract (contrato de arras) decides what happens to your money if the purchase falls through; a lawyer checks which type it is and what you lose or get back.
Purchase by notarial deed
The sale is signed before a Spanish notary and then registered in the land registry; the lawyer checks the deed and the registration.
Recommended step-by-step process
- 1.
Ownership and charges
The lawyer checks in the land registry who owns the property and whether there are mortgages, seizures or other charges.
- 2.
Community of owners
The lawyer checks that the seller has no unpaid community fees, because the buyer can answer for them with the property.
- 3.
Planning and licences
The lawyer checks whether extensions, pools or conversions have the necessary permits and whether there are planning proceedings.
- 4.
Taxes and seller's residence
The lawyer checks which purchase taxes apply (they differ between new and resale property and between regions) and whether the 3 % withholding for a non-resident seller applies.
What documents to prepare
- Passport and NIE
- Land registry extract (nota simple) of the property
- Certificate of the community of owners on debts
- Last property tax (IBI) receipt
- Reservation or deposit contract, if already offered
- Plans and licences for any building work
Common mistakes
- Paying a deposit before the land registry and community debts are checked
- Relying only on the estate agent's information
- Buying a property with an extension or pool that has no permit
- Not checking whether the seller is a non-resident (3 % withholding)
Risks and important deadlines
Hidden charges
A mortgage or seizure registered on the property stays with it after the sale unless it is cancelled.
Community debts
Unpaid community fees of the seller can be claimed from the property you bought, within the limits of the law.
Regional rules
Purchase taxes and some planning rules depend on the autonomous community; a lawyer checks the rules of the region where the property is.
When it's worth contacting a lawyer
Contact a lawyer in Spain before you sign a reservation or deposit contract or pay any money, especially if the seller lives abroad, the property has extensions or a pool, or you are buying a property that is not yet finished. A Spanish lawyer checks the land registry, the community of owners and the planning status and represents you at the notary. LawBridge is a lawyer search engine: you choose the lawyer yourself and send them a request. A lawyer's work is always paid.
Describe your caseFrequently asked questions
Why is 3 % of the price withheld?
If the seller is not resident in Spain, the buyer must withhold 3 % of the price and pay it to the Spanish tax authority on account of the seller's tax.
Verified sources
- Real Decreto 557/2011, art. 206 – Número de identidad de extranjero (NIE) — Agencia Estatal Boletín Oficial del Estado (BOE)
- Ley Hipotecaria (Decreto de 8 de febrero de 1946) – Registro de la Propiedad — Agencia Estatal Boletín Oficial del Estado (BOE)
- Ley 49/1960 de Propiedad Horizontal, art. 9.1.e – gastos comunes y deudas del vendedor con la comunidad — Agencia Estatal Boletín Oficial del Estado (BOE)
- Real Decreto Legislativo 5/2004 (IRNR), art. 25.2 – retención del 3 % en la venta por un no residente — Agencia Estatal Boletín Oficial del Estado (BOE)