Frequently Asked Questions

Do I need a lawyer to purchase a property?

Before you buy a property, you must carry out certain checks and enquiries to verify, among others, the following vital points: that the seller is the rightful owner, that he can transfer the title to you and no legal limitations are applicable, that no charges or encumbrances are registered against the property, that the promoter has obtained the necessary licences and permissions, that the property is registered as “already built” and all the compulsory documents have also been registered, if the seller is resident or non resident (tax particularities may apply), etc.

If any irregularity exists, the appropriate legal steps must be followed to ensure that the title can be registered in your name and that you do not acquire any charges or encumbrances along with the property.

To become the registered owner of the property, the formal procedure must be fulfilled and the applicable taxes must be paid, before the title deed is completely registered in your name.

Furthermore, when a non resident buys property in Spain, special regulations are applicable which must be complied with.

It is important that a professional with sufficient qualifications, knowledge and experience supervises the whole procedure in order to guarantee that all the process is dealt with correctly. The language barrier existing with most English and Irish clients makes it advisable that they contact an English speaking lawyer to deal with their case.

Is it necessary to draw up a Spanish Will?

In the event of your death, your national law will apply to your inheritance. If you have a British or Irish Will, it can be enforced in Spain by organising an international probate.

However, the process of registering your Spanish property into your beneficiaries’ name can be simplified if you sign a Spanish Will. This will only apply to your assets in Spain and will not affect your main Will in your home country. As long as it does not contradict your national law or Will, it can be applied directly making the procedure less expensive and time consuming.

We can arrange a Spanish Will for you. Please contact our office for more information.

What is an NIE number? Do I need one?

The NIE number is a fiscal identification number for foreigners in Spain. You need to have this identification number in order to purchase or sell a property and to be able to register it in your name.

This number is issued by the police after four or five weeks from the date of application. We can apply for your NIE in your name with Power of Attorney (POA) and legalised copies of your passports. For this purpose, we must receive your POA and legalised passport copies at least one month before completion of your property purchase. If you prefer to apply for it in person, we will prepare the necessary forms and a member of our staff will accompany you to the police station in Puerto del Rosario (one month before completion as explained above). We will then collect the document on your behalf once it is ready.

Do I need to have a bank account in Spain?

It is advisable that you open a Spanish bank account before completing your property purchase. Generally, the major and last payment for the property is handed over to the seller simultaneously to the signing of the Title Deed in front of the Notary Public. This payment is normally made by means of a bank draft in the name of the seller. At this stage, you must also pay your taxes and make provision for the expenses of registering your title (Notary and Land Registration fees).

In order to make these payments, you should transfer the necessary funds to your Spanish bank account before completion. 

After becoming a property owner, you become responsible for paying community fees (if your property belongs to a complex), water and electricity supplies and the yearly council rate. A standing order should be set up to cover these payments.

Is it necessary to sign the Title Deed in front of a Notary Public?

In order to register a property in your name, the transfer of the Title Deed must be signed in front of a Notary Public, who gives public faith to the signing of the purchase agreement. From this moment, the purchase is formalised in a public document, which can be registered at the Land Registry. The fact of being the registered owner of the property protects you against any third party who may claim other non registered rights on the property.