Legal & due diligence
How the legal side works and the checks that protect you before you sign.
Do I need a lawyer to buy in Spain?
It is not legally compulsory, but we strongly recommend an independent lawyer. They run the due diligence, protect your interests and make sure you only pay once everything is clear.
We can introduce you to English-, German- and French-speaking lawyers we trust, with no obligation.
What checks does a lawyer do before I buy?
Your lawyer confirms ownership and that the seller can sell, checks for debts, mortgages or embargoes, verifies the property is free of charges, and reviews planning status and licences.
For rural property they also check the build is legally registered and what you are allowed to do with the land.
What is the reservation contract (contrato de arras)?
A reservation or arras contract takes the property off the market while due diligence is completed, in exchange for a deposit (often around 10%).
Under a standard arras penitenciales, if the buyer pulls out they lose the deposit; if the seller pulls out they usually pay double. We explain every clause before you sign.
What happens at the notary?
Completion happens before a notary, who certifies the deed of sale (escritura). You pay the balance, receive the keys, and the change of ownership is recorded.
The deed is then registered at the Land Registry. Your lawyer prepares everything and can sign for you by power of attorney.
How do I make sure a property has no debts or planning problems?
A nota simple from the Land Registry shows ownership and any charges. Your lawyer cross-checks debts, community fees, utilities and the town hall planning file.
Debts in Spain can attach to the property, so this check is essential and we never skip it.
Can I buy a finca or rustic land, and what should I check?
Yes, but rural property has special rules. Check minimum plot sizes to build, whether existing buildings are legalised, water and electricity supply, and any protected-land restrictions.
We can put you in touch with trusted architects and technicians to advise on what you can realistically renovate or build before you buy.
