LEGAL

LEGAL SERVICES

Although not compulsory, we strongly advise you use a Lawyer when buying a property in Spain to protect you against some of the pitfalls of buying a property overseas. If you do not have your own Lawyer, we can recommend or help you find one.

Lawyers we recommend have well-established relationships with local notaries, town halls, land registries, banks and other parties involved in the legal side of the house-buying process. All lawyers we recommend are English-speaking.


THE LEGAL PROCESS

Here is an indicative step-by-step guide to how the legal process works here in Spain. This can vary slightly depending on the circumstances and Lawyer involved, so please treat this only as a guide.

1. A bank account is set up by or on behalf of the client in their name.
2. Once the client has chosen a property, the client is usually asked to transfer a deposit for the property into their account and possibly additional amounts to cover third party adviser costs, such as legal fees.
3. The Lawyer will contact the vendor to obtain details of the property and any legal documents relating to it, following receipt of which they can start carrying out the necessary legal checks. These checks normally include:
   - Contacting the Land Registry to see who is the rightful owner, the size of the plot, the built area on the plot, and if there are any financial debts relating to the property
   - Contacting "Catastro" - the body that measures plots etc. and then calculates the local taxes. They provide the Lawyer with a confirmation of the built area and the plot size, as well as if the land is urban or rustic, along with its classification, e.g. Class 2 Protected.
   - Contacting the local Town Hall to check that all local rates are paid up-to-date, if any plans for new buildings have been granted, or if any plans to urbanise that area or any surrounding areas have been granted.
   Note: if the client is interested, a structural survey can be arranged, although there would be additional costs.
   
4. When all the checks are done, the client will need to arrange payment of the legal fees, if these have not been paid already.
5. The vendor signs the Purchase Contract in the presence of the Lawyer(s) and receives their deposit. At this point, a deadline for completion is fixed.
6. When the time comes for completion, the Lawyer will make sure that the client has a detailed breakdown of expenses and therefore knows what money must be in the account in Spain. The money is transferred and the Lawyer will then prepare all the money with the bank, ordering the necessary cheques/cash. If the Lawyer has not provided the breakdown, then the client should discuss this with them – it is not the broker’s responsibility to provide the breakdown.
7. Finally, the day for completion arrives and the Lawyer will accompany the client to the Notary for the final step - the signing of the deeds. At this point, assuming everyone is in agreement, the deeds will be signed and the money and keys are handed over. The property is now yours!
   
   If you would like us to provide you with a Lawyer's contact details or have one contact you, please do not hesitate to ask.