Guidance

How to buy property in Spain

Information on laws and taxes for British nationals who want to buy or let property in Spain.

Introduction

This guide sets out essential information for British nationals wanting to buy property in Spain, including advice on legal advice, buying in certain areas, complaints and more. It should be read together with the ‘How to buy property abroad’ guide.

The Foreign and Commonwealth Office (FCO) are unable to provide any guidance on individual property purchases apart from the information and links listed below.

See our information on what consulates can and cannot do for British nationals.

See the video on buying property in Spain.

We strongly recommended that you choose an independent lawyer who specialises in Spanish land law (urbanismo). Independent means that they work on your behalf only and are not also looking after the interests of the agent or developer.

The Spanish property conveyancing system is different to the UK system so you should ensure that those involved in the transaction are qualified and experienced in Spain.

Use extreme caution if an estate agent, promoter or lawyer urges you to cut corners to save money or time.

Spanish notaries

A Spanish notary public will prepare the contract of sale and issue the public deeds.

As the purchaser, you have the right to choose which notary you use.

The notary is a public servant who has a duty to provide you with free and impartial legal advice on all aspects of the contract before you sign. It is a good idea to seek advice from the notary early on. When a date is set for signing the contract, you have 3 days beforehand to visit the notary and ask any questions you may have about any aspect of the contract.

Find English-speaking notaries

British estate agents, promoters and lawyers

If you choose to work with a British estate agent, promoter or lawyer, check that:

  • they are qualified, reliable and have experience operating in Spain
  • they are registered with the Law Society in the UK
  • they specialise in international transactions

If your lawyer is based in Spain, ask for their registration number and check that they are registered and practising with the local bar association (Colegio de Abogados).

You should also check that your lawyer has professional indemnity insurance and do not sign any papers or hand over any money until you have taken independent legal advice.

Although the British Embassy cannot recommend a lawyer, we do have lists of local English-speaking lawyers and qualified translators available on our website.

Gestors

Many Spanish citizens use a ‘gestor’ to carry out bureaucracy on their behalf. Only a Gestor Administrativo with the GA kite mark is professionally qualified and certified to process paperwork directly with the Spanish administration. More information can be found on their services here

If you are involved in a property dispute and do not have enough money to pay the costs of a court case, you can apply for legal aid. More information is available on the European E-Justice Portal. If you are resident in Spain, you should apply to the local bar association.

You may need to find a new lawyer with specific expertise for example, specialist civil lawyers for compensation claims against private parties such as agents, developers or banks, and specialist public body litigants (contencioso administrativo) for claims against local, regional or state authorities.

Translators

If you do not have a good understanding of Spanish, make sure that you get all contracts and documents translated by an independent translator.

You can find a list of accredited translators and interpreters in Spain on the Spanish Ministry for Foreign Affairs website.

Mortgages

Do your homework: you should analyse and compare different products and services offered by lending companies. If you have any doubts about the terms and conditions, ask the lender to explain.

You should also check with the Bank of Spain that the lender is authorised to operate in Spain

There are a range of mortgages on offer and you should pay special attention to the interest rate and repayment period, fees for setting up the mortgage as well as early repayment and cancellation fees.

If you cannot keep up the mortgage repayments, the Spanish bank could repossess your property in Spain. If the value of the property is less than the total debt outstanding (you are in negative equity), the bank may pursue your UK assets to recover the mortgage shortfall using a European Enforcement Order.

Make sure you fully understand the mortgage agreement you sign. If you have any doubts check with the branch during the 10 working-day period after the binding offer has been provided.

If for any reason you cannot keep up the mortgage repayments, you should speak to your bank immediately (before defaulting on repayments) to discuss the options available.

Further information on mortgages in Spain is available from the Spanish Mortgage Association.

Tax

The Spanish tax authority, the Agencia Tributaria provides some information on its website in English.

See the Living in Spain guide for brief information on taxation.

Fraud

See property fraud guidance.

If you believe your lawyer has been negligent and has not met their obligations, you should first complain to the provincial bar association. If their response is unsatisfactory, you can take your complaint to the regional and then national bar associations.

Complaints should be in writing and in Spanish.

See a list of the bar associations around Spain on the General Council of Spanish Lawyers website.

If you have a complaint about the way a court has handled your case, contact the General Council of the Judiciary.

If you have a complaint against a notary or gestor administrativo, contact the professional council of which they are a member.

Visa/residence requirements

See residency requirements in Spain.

Purchaser’s checklist

Before you complete your property purchase you should make sure that:

  • you have seen the land registry extract (nota simple), available from the Colegio de Registradores (translations into English for an additional fee), and checked the following details
  • the property and land for sale match the details registered and the sellers are the registered owner(s)
  • there are no debts or charges, such as a mortgage, on the property
  • there are no legal proceedings initiated against the property for contravention of land planning law

You should check that planning permissions are in order and the property is a legal build. This is particularly important when buying off-plan or direct from a developer. The town hall can tell you whether the building has all licences and permissions and what type of land it is. If the property is built on rural land or land that is not classified for construction, you should ask the regional government to confirm construction is authorised.

If you are buying an off-plan property, confirm that the property has been certified as finished by a registered architect and registered as a new build in the property register. The registration should also provide details of the developer’s insurance against structural and other defects in the construction. In the case of a private build (the previous owner built their own house and decided to sell before 10 years had lapsed) you will need to request these details separately

You should check the latest town plan to see whether or not the plot you wish to buy has any building restrictions, is in a green zone or includes a public pathway or similar. You can do this at to the town planning (urbanismo) department of the local town hall.

You should have the property surveyed. This is not obligatory, but it is wise to get a chartered surveyor to check the property.

You should know the cadastral value of the property and how much purchase tax will be due. Tax is charged on the council’s valuation of the property as opposed to the amount of the sale. You can check this at the regional government’s online tax agency site using the cadastral reference number

Make sure you have seen the following documents:

  • a paid-up receipt for the previous owner’s annual property tax (IBI). It is also wise to get a certificate from the town hall proving that there are no unpaid rates from previous years
  • the cadastral certificate giving the exact boundaries and square metres of your land - this will be linked to the land register record by a cadastral reference number. You should ensure that the property and land description contained in both records matches
  • the licence of first occupancy or habitation certificate issued by the town hall. You will need this document to connect to electricity and water companies. Developers cannot force you to complete without this licence
  • receipt to prove all utility bills have been paid by the previous owner
  • if applicable, a certificate signed by the President of the Community of Property Owners stating that there are no outstanding debts. You should be aware that if you later find that there are such debts outstanding, as the new owner, you assume the debts for the current and previous year (2years in total)
  • as from 1 June 2013, all homes for sale or to let in Spain are required by law to have an energy efficiency certificate. If you are considering buying a property, the seller is obliged to show you this certificate

On completion, the public deed should contain an accurate description of the property. You should register the property in your name with the Land Registry as soon as possible to ensure full protection of your rights. The notary can even send advance notification to the Land Registry electronically once the public deed is signed.

Buying property in certain areas

If you are considering purchasing a coastal property you should contact the Coastal Demarcation office in your region to get a certificate to certify that the property is not affected by the 1988 Coastal Law. Bear in mind that while it is possible to view the coastal boundaries of the public maritime areas online on the Environment Ministry’s website, this may not provide sufficiently accurate information on which to base a property purchase.

Be extremely careful if the Land Registry record shows that the property you wish to buy is built on rural land. In normal circumstances the government reserves this type of land for agricultural use and you need to check with the municipal and regional authorities to ensure that full planning permission has been obtained for residential use.

Buying property off-plan

Buying off-plan property inevitably involves higher risk than buying re-sale property. If you are considering buying off-plan in Spain there are a number of points to consider.

Before you pay

Make sure you have a bank guarantee (aval bancario) to cover your stage payments. Developers of off-plan properties are legally obliged to secure all deposits with a bank guarantee. However, bear in mind that this obligation only comes into force once the developer has planning permission, so you should ask to see this before making any payments. You can also check this at the Land Registry, because if the description of the future building is registered, the registrar will have seen evidence that the licence exists and work has begun following the approved design.

You should ensure that the bank guarantee is individual and not a collective guarantee covering the whole development, which does not give the same protection. You should also request proof that your payments are deposited in a special escrow account, which can only be used for the construction of the specified development.

Make sure the developer is registered with the Mercantile Registry and the person who is going to sign on the developer’s behalf has the legal power to do so. You can visit any Mercantile Registry office or use the Land Registry website.

Check with the [Land Registry(]https://sede.registradores.org/contenido/buyingahouse/) to make sure the land which is going to be built on is registered to the developer you are doing business with.

Make sure you obtain a copy of the cadastral certificate giving the exact boundaries and square metres of your land.

Ensure the developer has insurance covering damage caused by structural defects to the building. This insurance should be included in the property manual (libro del edificio) that the developer gives you.

You should also get a planning certificate for the plot you wish to buy from the town planning (Urbanismo) department of the town hall. This will include information such as whether the plot has any building restrictions, is in a green zone, includes a public footpath or if there are any current plans to build a motorway etc.

Before you sign the title deed

Once construction has finished, and before you sign the title deed, ask for proof from the seller that the construction has been finished in accordance with the description given in the plans. This is issued as a certificate (certificado final de obra). You can also check this at the Land Registry.

Make sure you have the licence of first occupancy (licencia de primera occupación) which is issued by the town hall for new buildings and certifies that the property is habitable. You will need this document to connect to electricity and water companies. Developers cannot force you to complete without this licence.

Consider asking a chartered surveyor to check the property. This is not obligatory but it is wise to obtain a professional opinion on the property before you complete. The Royal Institute of Chartered Surveyors (RICS) exists in Spain and there are residential chartered surveyors working across the peninsula and the islands. Members of the RICS are qualified and experienced professionals offering independent and impartial advice.

The Spanish College of Architects in each province also offers a list of independent specialist surveyors.

Cancelling the contract

If the developer does not build your property by the deadline in the contract, or services and utilities are not completed and connected to standard, or the habitation certificate cannot be issued, you are legally entitled to:

  • cancel the contract and have the deposits returned plus interest
  • extend the deadline, allowing the developer to complete the property

If you want to cancel the contract, you should get independent legal advice. Once you have consulted a lawyer, the first step is to write to the developer to explain that due to non-compliance with the contract, you want to cancel the contract and request that the deposits paid so far are returned, as well as the accrued interest.

You should include any relevant documents (for example. a copy of the contract, copies of payments made, copy of the bank guarantee) and give a date by which you want the amount to be paid back. You should write to the developer using Burofax, so you can prove that you have sent the documents and that the developer received them.

If the developer does not respond to you within the specified timeframe, you should contact the claims department of the bank or savings bank responsible for the guarantee to request a refund of the payments made. Again, it is wise to make contact using Burofax and attach copies of all relevant documents, including a copy of the bank guarantee, a copy of the complaint submitted to the developer, a copy of the developer’s response (if any) and copies of any documents which indicate that the developer has not complied with the contract.

Should the bank not comply, the only remaining course of redress is to instruct a lawyer to take a civil case against the bank.

If you believe you have been a victim of fraud and you have neither a bank guarantee nor an insurance policy from the developer, you should seek independent legal advice regarding taking criminal legal action through the courts and register a statement with the police.

Renting out your property

From the 1 June 2013, all homes for sale or to let in Spain are required by law to have an energy efficiency certificate. If you are offering your property for rent after this date, you will need to obtain an energy certificate first.

Short-term lets

If you want to let your property to tourists on a short-term basis, you must ensure that you are doing so in accordance with Spanish law. The regulations on letting tourist apartments (apartamentos turisticos) and holiday homes (viviendas vacacionales) to tourists will vary depending on the region where the property is located.

If you are planning on making a return by renting out your property on a short-term basis,seek independent legal advice and check the local laws at the town hall or the tourist department of the regional government before you buy. Be aware that the marketing of private residential property to tourists is strictly regulated in many regions of Spain.

Owners who are caught illegally advertising or letting out their properties without complying with local legislation can be liable for significant fines.

If you are planning to buy an apartment which is part of a residential block, you should also check whether there are any rules set by the committee of owners that prohibit or restrict short-term letting.

You may want to consider hiring a Spanish letting agent to assist with finding tenants, drawing up rental contracts and managing the property on your behalf. In some regions, it is obligatory to use a specialist tourist apartment management company for short-term rentals to tourists.

Long-term lets

Owners who let their properties on a long-term basis are free to do so within the terms set out by the national rental law. However, it is worth seeking professional advice to make sure that you are complying with Spanish legislation and that you are using the correct rental contract.

In Spain, there are different types of contracts depending on how long the property is due to be let. You can get copies of these contracts from tobacconists.

Letting taxes

You must ensure that you declare your rental income to the Spanish tax authorities (Agencia Tributaria) whether you are resident in Spain or not. Taxation is a complex issue, and it is advisable to seek the advice of an accountant or professional tax adviser with comprehensive and up to date knowledge of both the UK and Spanish tax regulations.

Equity release schemes

Equity release schemes are schemes which are designed to allow homeowners to release equity from the value of their property as income, a lump sum or a mixture of both. A reverse mortgage (hipoteca inversa) is one form of equity release which allows homeowners to borrow money against the value of their home, which is used as collateral. Reverse mortgages are generally marketed at retired homeowners who are over 65 years old.

If you are considering an equity release scheme, such as a reverse mortgage or lifetime loan, it is advisable to check that the company offering the mortgage is registered with the financial regulator for the securities markets, the Comision Nacional de Mercado de Valores (CNMV) and that they do not have any warnings issued against them.

A list of financial companies which are not authorised to operate in Spain and those subject to an ongoing investigation is available on the CNMV website.

Seek independent legal advice prior to signing any contracts to make sure the information the company has given you is correct, there are no abusive clauses in the contract and you are fully aware of your rights.

Be suspicious of financial companies or agents who try to persuade you into signing a reverse mortgage agreement as a way of avoiding or reducing your tax obligations. If you have any concerns about your tax obligations (for example inheritance tax) you should seek the advice of an experienced professional tax advisor who can advise you independently. Alternatively you may wish to check with the Spanish Tax Office (Agencia Tributaria).

If you are not happy with the scheme you have been sold, the first step is to submit a complaint to the company responsible for your investment. If after 2 months, you are not satisfied with the response or do not receive a response, you are entitled to complain to the CNMV.

Although the CNMV final reports are not binding, they will comment on the conduct of the company or person against whom the complaint has been made. Where the report favours the customer, the company involved is required to notify the CNMV of any action taken to resolve the matter.

If you believe you have been a victim of a fraud involving an equity release scheme you can register a statement with the police and seek independent legal advice on taking action through the courts. Further information for victims of fraud is available on the fraud page.

Problems with timeshare property

Timeshare ownership is well established in Spain. However, there are also many unscrupulous companies, some of which claim to provide various incentives (including stock market investments and discounts on airfares and accommodation) when exchanging existing time-share ownership or taking out membership of holiday clubs.

You may find it useful to read the timeshare fraud advice from Action Fraud, the UK’s national fraud reporting centre, run by the National Fraud Authority.

Other sources of advice

The Spanish Land Registry publish a Guide to Buying Property in Spain. Spanish Property Insight provides information and advice on buying a property in Spain.

Expat forums, English-language newspapers and talking to local residents and other British nationals who have already made the move can really give you a feel for an area and give you insight on any local problems.

The Spanish Ombudsman is responsible for defending the fundamental rights and civil liberties of citizens by monitoring the activity of public authorities. If you have a complaint about any public authority, you can submit a complaint to either the regional or national ombudsman. If you are facing problems with your property in Spain, there are many residents associations who may be able to provide support and advice as well as put you in touch with others who have had similar experiences.

Disclaimer

This information is provided as a general guide and is based upon information provided to the embassy by the relevant local authorities and may be subject to change at any time with little or no notice. The FCO and the British embassy will not be liable for any inaccuracies in this information. British nationals wishing to obtain any further information must contact the relevant local authority.

Published 22 March 2013
Last updated 5 July 2013 + show all updates
  1. 'Buy property in Spain' video added
  2. Hyperlink for Spanish Insights changed to the list of published guides
  3. Information added about letting and the new property energy efficiency certificates.
  4. First published.