How to buy property in Spain

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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. We 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.

It is strongly recommended that you choose a lawyer who is specialised in Spanish land law (urbanismo). The Spanish property conveyancing system is different to the UK and you should ensure that those involved in the transaction are qualified professionals who have an expert knowledge of the system.

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

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. Check that they are registered with the Law Society in the UK and 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 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.

Should you become involved in a property dispute, but do not have sufficient means to meet the costs of a court case, you can apply for legal aid. More information is available on the European E-Justice Portal. Applications for those resident in Spain should be directed to the local bar association.

Please bear in mind that if you do become involved in a property dispute, you may need to seek a new lawyer with specific expertise in the field of litigation you wish to pursue, e.g. 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 relevant documentation 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 a range of different products and services offered by different lending companies. If you have any doubts about the terms and conditions, ask the lender to clarify. You should also check that the lender is listed as authorised to operate in Spain with the Bank of Spain.

Look for the mortgage which is most appropriate for your capabilities and needs. 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.

Taxation

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

Brief information on taxation is provided within the Living in Spain guide.

Fraud

Further information is available in the property fraud guidance.

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