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Property Lawyers in Madrid
English-Speaking Solicitors for Foreign Buyers
Madrid is Spain’s largest property market and one of Europe’s most sought-after destinations for international real estate investment. Buying property in Madrid as a foreign buyer requires navigating Spanish conveyancing law, the Comunidad de Madrid’s specific tax regime, non-resident regulations, and an increasingly complex urban planning environment. English-speaking property lawyers in Madrid provide essential legal protection throughout this process.
Contents
Why You Need a Specialist Property Lawyer in Madrid
Madrid’s property market moves fast and competition for premium properties is intense. International buyers operating in an unfamiliar legal system, without fluency in Spanish, are at a significant disadvantage without qualified legal representation. A specialist English-speaking property lawyer in Madrid protects your interests at every stage — from initial due diligence through to Land Registry registration.
- Verifies the property’s legal status at the Madrid Land Registry (Registro de la Propiedad)
- Checks building licences, community fee arrears, and any outstanding mortgage charges (cargas)
- Confirms compliance with Madrid’s urban planning regulations (Plan General de Ordenación Urbana)
- Calculates exact ITP or IVA+IAJD liability and handles tax payments to the Comunidad de Madrid
- Verifies the Valor de Referencia and advises if the declared price is below the administrative value
- Manages NIE number applications and non-resident bank account requirements
- Represents you at the notary for the escritura pública signing
- Handles post-completion Land Registry registration in your name
Comunidad de Madrid ITP Tax Rate
The Comunidad de Madrid applies a flat 6% ITP (Impuesto sobre Transmisiones Patrimoniales) rate on all resale property purchases — one of the lowest rates in Spain. This is a significant advantage compared to Catalonia (10%), the Balearic Islands (8–11%), or Andalusia (7%).
| Purchase Price | ITP Rate | ITP Due |
|---|---|---|
| €300,000 | 6% | €18,000 |
| €500,000 | 6% | €30,000 |
| €750,000 | 6% | €45,000 |
| €1,000,000 | 6% | €60,000 |
| €2,000,000 | 6% | €120,000 |
New-build properties are exempt from ITP and instead pay 10% IVA (VAT) on the purchase price and 0.75% IAJD (Actos Jurídicos Documentados / stamp duty) on the purchase price plus mortgage amount.
New Build vs. Resale Properties in Madrid
Madrid has an active new-build market, particularly in major development areas like Madrid Nuevo Norte, Valdebebas, Los Berrocales, and Tres Cantos. Legal requirements differ significantly between new and resale purchases.
| Resale Property | New Build (Developer) | |
|---|---|---|
| Transfer tax | 6% ITP | 10% IVA + 0.75% IAJD |
| Contract type | Contrato de Arras | Off-plan purchase contract |
| Bank guarantee | Not applicable | Required by law for off-plan deposits |
| Completion risk | Low (existing property) | Delays or developer insolvency possible |
| Building licence | Check existing licence | Verify First Occupation Licence (LPO) |
| Notary | Buyer’s choice | Often developer’s notary — your lawyer must review |
| Warranty | None unless negotiated | 10-year structural guarantee by law |
Non-Resident Buyer Considerations
Foreign nationals buying property in Madrid face additional legal requirements that Spanish residents do not. Your lawyer manages all non-resident formalities as part of the conveyancing process.
Every foreign buyer must obtain a NIE number before completing any property purchase in Spain. Applications take 2–6 weeks — your lawyer applies on your behalf with a power of attorney.
Completion funds must be transferred from a Spanish bank account. Your lawyer assists with opening a non-resident bank account, which is typically required before any contract can be signed.
If you rent your Madrid property or leave it unoccupied, Spanish non-resident tax obligations apply. Your lawyer explains your annual filing obligations under the Modelo 210 before completion.
A local capital gains tax on the increase in urban land value, paid by the seller on completion. Your lawyer verifies the seller has settled this liability — if unpaid, it can attach to the property.
Since 2021, UK citizens no longer benefit from EU residency rights. Property purchases in Madrid are unaffected, but residency, rental income taxation, and estate planning are subject to different rules for British nationals.
Popular Areas for Foreign Buyers in Madrid
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All lawyers in our network are English-speaking, experienced with foreign buyers, and independent from any estate agent or developer.
How to Choose the Right Lawyer in Madrid
Madrid has thousands of lawyers, but relatively few with genuine specialist experience in international property transactions. The right lawyer combines conveyancing expertise with specific knowledge of non-resident tax law, the Comunidad de Madrid’s regulatory framework, and experience working with clients who cannot attend in person.
- Registered with the Madrid Bar Association (Ilustre Colegio de Abogados de Madrid — ICAM)
- Demonstrates specific experience with foreign buyer transactions in Madrid
- Fluent English throughout the entire process — not just at the initial consultation
- Independent from the estate agent, developer, or seller — works solely in your interests
- Experienced with non-resident NIE applications and tax filing obligations
- Verifies Valor de Referencia before you make any offer
- Familiar with Madrid’s urban planning regulations and building licence requirements
- Carries professional indemnity insurance (seguro de responsabilidad civil) of at least €1 million
- Provides a clear written fee agreement before engagement
- Can represent you via power of attorney if you cannot attend in person
Legal Fees and Costs in Madrid
| Cost Item | Typical Amount | Notes |
|---|---|---|
| Lawyer’s fees | 0.5–1.5% + 21% IVA | Fixed fee options available for straightforward purchases |
| Land Registry searches | €200–€400 | Nota simple + full registration extract |
| NIE number application | €150–€300 per person | Required before any contract is signed |
| Notary fees | ~0.5% of purchase price | Regulated by the Spanish state |
| Land Registry registration | €400–€900 | Registers title deed in your name |
| ITP transfer tax (resale) | 6% of purchase price | Paid to the Comunidad de Madrid within 30 days |
| IVA + IAJD (new build) | 10% + 0.75% of purchase price | IVA to developer; IAJD to Comunidad de Madrid |
| Mortgage costs (if applicable) | €500–€1,500 | Bank valuation, mortgage deed stamp duty |
| Total purchase costs | Budget 9–12% on top of the purchase price | |
The Purchase Process Timeline in Madrid
Engage your lawyer before making any offer. Apply for your NIE number immediately — the process takes 2–6 weeks and is required before any contract can be signed. Open a Spanish bank account for completion funds.
Your lawyer conducts Land Registry searches, checks for outstanding charges and mortgages, verifies building licences with Madrid City Council, reviews community fee status, and confirms urban planning classification. The Valor de Referencia is also checked against the agreed price.
Once due diligence is satisfactory, the private purchase contract is signed and a 10% deposit is paid. Your lawyer reviews all clauses carefully. If the seller withdraws, they return double the deposit. If you withdraw, you lose the deposit.
If applicable, mortgage application and bank valuation are processed (allow 3–5 weeks). Final property inspection carried out. Completion funds transferred to Spain and to your lawyer’s client account.
Escritura pública signed before the notary. Remaining funds paid. Keys handed over. Your lawyer pays ITP within 30 days and registers the property at the Madrid Land Registry on your behalf.
The Madrid Land Registry registers the title deed in your name. This takes 4–8 weeks in central Madrid but does not affect your ownership or occupancy rights — you have the keys and can use the property immediately from completion day.
Frequently Asked Questions — Property Lawyers in Madrid
Real Estate Lawyers in Madrid
Members of Property-Lawyers.com are specialized in Real Estate Law in Spain. Member solicitors will give you advice in all questions that are involved when a property is to be sold. Land survey, Council licenses, Due Diligence, checking that the property has all of the correct paperwork, that there are no legal issues, such as debts attached to the property and checking that ownership, permits and Title Deeds all have the correct legal status.