This guide covers every stage of the purchase process, from your first search to picking up the keys. It is written for international buyers who want to understand exactly what they are committing to before they sign anything.

If you already know what you are looking for, use our directory to find an English-speaking property lawyer in your chosen region.

Step 1: Get Your NIE Number

Before you can buy property in Spain, you need a NIE — Número de Identificación de Extranjero. This is your Spanish tax identification number and it is required for every stage of the purchase process: signing contracts, paying taxes, opening a bank account, and registering the property in your name.

You can apply for a NIE at a Spanish consulate in your home country or at a police station in Spain. The process typically takes between two and six weeks. Many buyers underestimate this timeline and find it delays their purchase. Your lawyer can apply for the NIE on your behalf using a power of attorney, which avoids the need for you to be present in Spain.

Step 2: Open a Spanish Bank Account

A Spanish bank account is not strictly required by law, but in practice it is essential. You will need it to pay purchase taxes, utility deposits, community fees and — if applicable — mortgage repayments. Most sellers and notaries also expect payment to be made via a Spanish bank transfer or certified cheque from a Spanish bank.

Major banks including Santander, BBVA and CaixaBank all offer accounts for non-residents. The process requires your passport, NIE, and proof of address. Some banks offer dedicated international buyer services with English-speaking advisors.

Step 3: Appoint a Property Lawyer Before You Sign Anything

This is the most important step in the entire process, and the one most commonly skipped or delayed. In Spain, unlike in the UK or Germany, there is no automatic legal protection for buyers who sign documents without independent legal advice. The notary who completes the transaction is impartial — they are not your lawyer and do not act in your interests.

Your lawyer should be appointed before you sign any reservation contract, pay any deposit, or agree any terms with a seller or developer. Once you have signed a document and handed over money, your legal position changes significantly.

A qualified property lawyer in Spain will:

• Carry out full due diligence on the property — checking ownership, debts, mortgages, planning status, and legal build compliance
• Review and negotiate the reservation contract and arras contract before you sign
• Apply for your NIE if required
• Coordinate with the notary and Land Registry
• Calculate and pay all purchase taxes on your behalf
• Register the property in your name

Find a vetted, English-speaking lawyer in your area: Marbella, Mallorca, Ibiza, Barcelona or Madrid.

Step 4: The Reservation Contract

Once you have agreed a price with the seller, the first document you will be asked to sign is a reservation contract — known in Spanish as a contrato de reserva or documento de señal. This commits both parties to the transaction and typically requires a deposit of between €3,000 and €10,000, depending on the property price.

The reservation contract removes the property from the market for an agreed period — usually two to four weeks — while your lawyer completes due diligence. It is not a minor document. If you sign it without legal advice and problems are later discovered with the property, recovering your deposit can be difficult.

Your lawyer must review the reservation contract before you sign. Key points to check include what happens to your deposit if due diligence reveals a problem, the deadline for signing the arras contract, and whether all agreed conditions are correctly reflected.

Step 5: Due Diligence

Due diligence is the legal investigation your lawyer carries out on the property before you commit to purchasing it. This is not a formality — it is the stage at which problems are discovered and, if necessary, the purchase is renegotiated or abandoned.

A thorough due diligence investigation includes:

• Land Registry check — confirms who legally owns the property and whether there are any mortgages, debts, liens or charges registered against it
• Cadastral check — confirms the official size, boundaries and classification of the property
• Planning status — verifies that the property was built with the correct licences and that there are no outstanding violations or demolition orders
• Community fees — confirms that all fees owed to the community of owners are up to date, since unpaid debts can transfer to the new owner
• IBI (local property tax) — confirms there are no outstanding annual property tax payments
• Utility connections — verifies that water, electricity and sewage are properly connected and regularised
• Energy certificate — the seller is legally required to provide this before completion

In coastal and rural areas of Spain, planning compliance is a particularly important issue. Properties built without the correct licences, or in areas later reclassified as non-buildable land, can create serious legal and financial problems for buyers. This is especially relevant in parts of Andalusia, Murcia and Valencia.

Step 6: The Arras Contract

Once due diligence is complete and both parties are satisfied, the next step is the arras contract — the main private purchase agreement. This is a legally binding document that sets out the full terms of the sale: price, completion date, what is included, and the conditions under which either party may withdraw.

The most common form is the arras penitenciales (Article 1454 of the Spanish Civil Code). Under this arrangement, if the buyer withdraws from the purchase without legal justification, they forfeit their deposit. If the seller withdraws, they must return the deposit doubled. The deposit at this stage is typically 10% of the purchase price.

Your lawyer must draft or review this contract carefully. The terms must accurately reflect everything that has been agreed, including fixtures and fittings, any repairs the seller has committed to, and the precise completion date.

Step 7: Arranging a Mortgage (if required)

Spanish banks actively lend to non-resident foreign buyers, though the conditions differ from those for residents. Non-residents are typically limited to borrowing 60–70% of the property’s assessed value, compared to up to 80% for residents. This means you will need a minimum deposit of 30–40% of the purchase price — plus additional funds to cover taxes and legal costs.

In 2026, the mortgage environment in Spain remains relatively favourable. Euribor has stabilised at around 2.15–2.30%, significantly below the highs of over 4% seen in 2023. Fixed-rate mortgages for non-residents are available from around 2.8–3.5% depending on the lender and your financial profile.

Major Spanish banks including Santander, BBVA and CaixaBank all offer dedicated non-resident mortgage products. Using an independent mortgage broker can help you access better terms than going directly to a single bank. Your lawyer can recommend trusted mortgage advisors who work with international buyers.

Important: the bank will commission an official valuation of the property before approving the mortgage. If the valuation comes in below the purchase price, the bank will lend against the valuation figure — not the agreed price — which means you will need additional funds from your own resources.

Step 8: Signing at the Notary

The final stage of the purchase is the signing of the escritura pública — the public deed of sale — in front of a Spanish notary. Both buyer and seller (or their representatives via power of attorney) must be present, along with the bank if there is a mortgage.

At this point, the remaining purchase price is paid — typically by certified bank cheque — and the keys are handed over. The notary reads the deed in full, which in Spain is a legal requirement. If you do not speak Spanish, your lawyer provides real-time translation and explanation.

The buyer has the right to choose the notary. All notaries charge the same regulated fees, so the choice is largely a matter of convenience and language — some notaries in tourist areas have English-speaking staff.

Step 9: Taxes and Costs

The total additional costs of buying property in Spain — taxes, notary, Land Registry and legal fees — typically amount to between 10% and 13% of the purchase price for resale properties, and between 12% and 15% for new builds. These must be budgeted for in addition to the purchase price.

The main taxes and costs are:

• Transfer Tax (ITP) — applies to resale properties. The rate varies by region: it is 8–10% in Andalusia, 8% in the Balearic Islands (rising to 11% above €1 million), and 10% in Catalonia and Madrid. This is the single largest purchase cost for most buyers.
• VAT (IVA) and Stamp Duty (AJD) — applies to new build properties from developers. VAT is 10% (or 21% for land and commercial property), plus AJD of 0.5–1.5% depending on the region.
• Notary fees — regulated by law and based on the purchase price. Typically €600–€1,200 for a standard residential purchase.
• Land Registry fees — also regulated and based on the purchase price. Typically €400–€800.
• Legal fees — most property lawyers in Spain charge between 1% and 1.5% of the purchase price, with a minimum fee. All lawyers listed in our directory work on a transparent fixed fee basis.
• Plusvalía (Municipal Capital Gains Tax) — this is a tax on the increase in the cadastral value of the land and is paid by the seller. However, it is important to confirm this in the contract.

Read more about Foreign Taxes When Buying Property in Spain

Step 10: Registering the Property

After completion at the notary, your lawyer submits the deed to the Land Registry to register the property in your name. This typically takes between four and eight weeks. Until registration is complete, you are the legal owner of the property but the change is not yet publicly recorded.

Your lawyer will also handle the transfer of utility contracts — electricity, water, gas — into your name, and set up direct debits for IBI (annual local property tax) and community fees if applicable.

Ongoing Obligations as a Non-Resident Property Owner

Owning property in Spain as a non-resident comes with ongoing tax obligations that many buyers are not aware of.

Non-Resident Income Tax (IRNR / Modelo 210): Even if you do not rent out your property, non-residents are required to file an annual tax return in Spain. The tax is based on a deemed income calculated from the cadastral value of the property — typically a modest amount, but a legal obligation nonetheless. If you do rent out the property, all rental income must be declared quarterly.

Wealth Tax: Spain imposes a wealth tax on the value of assets held in the country above a certain threshold. The thresholds and rates vary by autonomous community.

IBI: The annual local property tax, equivalent to council tax in the UK. This is paid to the local municipality and is based on the cadastral value of the property.

Our network includes experienced tax advisors in Spain who specialise in non-resident property owners and can ensure you meet all your obligations efficiently.

Buying Off-Plan in Spain

Purchasing a new development — known as compra sobre plano or off-plan — carries specific legal risks that differ from buying a resale property. The key protections your lawyer must verify include:

• The developer holds a valid building licence (licencia de obras) for the project
• All stage payments you make during construction are protected by a bank guarantee (aval bancario) — legally required since the Housing Law of 2023
• The developer has a proven track record and the financial stability to complete the project
• The purchase contract includes appropriate protections in the event of delays or non-completion
• The property will be delivered with a first occupancy licence (licencia de primera ocupación)

Off-plan purchases can offer attractive pricing and the ability to customise the property, but they require particularly careful legal oversight. Never pay a stage payment on an off-plan purchase without a lawyer confirming that the bank guarantee is in place.

Buying Through a Power of Attorney

Many international buyers complete their Spanish property purchase entirely remotely, without being present in Spain for the signing. This is fully legal and increasingly common. Your lawyer can act as your representative under a power of attorney (poder notarial), handling every stage of the transaction on your behalf — from due diligence and contract review to signing at the notary and registering the property.

The power of attorney must be signed before a notary — either in Spain or at a Spanish consulate in your home country — and apostilled if signed outside Spain.

How to Choose the Right Property Lawyer

Not all lawyers who offer property services in Spain are equal. For an international buyer, the key criteria are:

• Independence: Your lawyer must be independent of the seller, developer, estate agent and mortgage broker. A conflict of interest — even an indirect one — compromises the advice you receive.
• Specialisation: Property law in Spain requires specific expertise. A generalist lawyer or one whose primary area is immigration or family law is not the right choice for a property transaction.
• Language: Your lawyer must be fully fluent in English (or your language) and Spanish. Partial fluency leads to misunderstandings at critical moments.
• Local knowledge: Planning regulations, tax rates and market practices vary significantly between regions. A lawyer based in or specialising in your chosen area will provide better, more precise advice.
• Transparency on fees: A good property lawyer will give you a clear, written fee quote before you engage them. Avoid any firm that is vague about costs.

All lawyers in the Property Lawyers directory are vetted for their experience with international buyers and their ability to advise in English. Use our directory to find a specialist in your region:

• Property lawyers in Marbella and the Costa del Sol
• Property lawyers in Mallorca
• Property lawyers in Ibiza
• Property lawyers in Menorca
• Property lawyers in Barcelona
• Property lawyers in Madrid
• Property lawyers in Málaga

Frequently Asked Questions

How much does a property lawyer cost in Spain?

Most property lawyers in Spain charge between 1% and 1.5% of the purchase price, with a minimum fee that varies by firm. All lawyers listed on Property Lawyers work on a transparent fixed fee basis — no hidden costs.

Can I buy property in Spain without speaking Spanish?

Yes. All lawyers in our network are fully English-speaking and experienced working with international buyers from the UK, Germany, the Netherlands, Scandinavia and beyond. They handle all communication with notaries, the Land Registry and local authorities on your behalf.

Do I need to be in Spain to buy a property?

No. With a power of attorney, your lawyer can represent you at every stage of the transaction, including signing at the notary. Many international buyers complete their purchase entirely remotely.

How long does buying a property in Spain take?

From offer accepted to completion, the process typically takes between six and twelve weeks. Your lawyer manages the timeline, coordinates with the notary and ensures all legal requirements are met before the signing date.

What are the risks of buying property in Spain?

The most common risks — undeclared debts on the property, illegal builds, planning violations, unpaid community fees — are all avoidable with proper due diligence. That is exactly what a qualified property lawyer is there to do. Never sign a contract or pay a deposit without independent legal advice in place.

Can non-EU buyers purchase property in Spain in 2026?

Yes. Despite political discussion in early 2025 about restricting non-EU buyers, no such law has been passed. Buyers from the UK, USA, Canada, Australia and other non-EU countries can purchase property in Spain freely in 2026. The proposed 100% purchase tax on non-EU non-resident buyers has not been enacted.

Sophie

Sophie Gutenberg is a legal content specialist focused on Spanish property law, real estate transactions, conveyancing, due diligence and tax issues affecting international property buyers in Spain. She works alongside qualified Spanish property lawyers .

The post 10 important steps before buying property in Spain appeared first on Property Lawyers.

Buying a property in Spain can be an exciting experience, especially in sought-after destinations such as Mallorca, Ibiza or the Costa del Sol. However, many foreign buyers make one critical mistake at the very beginning of the process: signing a reservation contract before speaking to an independent property lawyer.

While reservation agreements are common in the Spanish real estate market, they are often misunderstood by international buyers. In many cases, purchasers sign documents and transfer deposits without fully understanding the legal implications, the conditions attached to the payment, or the risks hidden behind the transaction.

So, do you really need a lawyer before signing a reservation contract in Spain?

In most cases, the answer is yes.

What Is a Reservation Contract in Spain?

A reservation contract (“Contrato de Reserva”) is usually the first document signed when purchasing a property in Spain. It is intended to temporarily remove the property from the market while the buyer and seller move towards a private purchase contract.

Typically, the buyer pays a reservation deposit ranging from €3,000 to €20,000, depending on the property value.

The agreement may include:

• The agreed purchase price
• Deposit amount
• Payment deadlines
• Conditions for refundability
• Identification of buyer and seller
• Property details
• Timeframe for signing the next contract

Although it may appear to be a simple holding agreement, a reservation contract can create legal obligations and financial risks if not reviewed carefully.

Why Signing Too Quickly Can Be Risky

Many buyers assume that a reservation contract is merely symbolic or non-binding. This is not always true.

In Spain, reservation agreements can contain clauses that:

• Make the deposit non-refundable
• Commit the buyer to strict deadlines
• Penalise withdrawal from the purchase
• Limit future negotiations
• Create legal obligations before due diligence has been completed

This becomes especially dangerous if:

• The property has illegal construction elements
• There are debts attached to the property
• The seller is not legally authorised to sell
• Holiday rental licences are missing or invalid
• Planning infringements exist
• Rural land restrictions apply
• Community fees or taxes are unpaid

Once a deposit has been transferred, recovering the money can become complicated and expensive.

Why You Should Instruct an Independent Property Lawyer Early

An independent property lawyer protects your interests before you commit financially.

Ideally, your lawyer should review the reservation agreement before:

• signing any document,
• paying any deposit,
• or providing passport copies and financial information.

A qualified Spanish property lawyer can:

• review the legal wording,
• negotiate safer clauses,
• verify ownership,
• check debts and charges,
• investigate planning legality,
• confirm licences,
• and ensure the agreement protects your position.

This is particularly important for international buyers unfamiliar with the Spanish legal system.

Common Problems Foreign Buyers Face When Buying Property in Spain

At Property Lawyers Network, many international clients contact us only after signing a reservation contract. By that stage, legal or financial risks may already exist — and in some cases, the buyer has already paid a non-refundable deposit.

In Spain, and particularly in high-demand markets such as Mallorca, Ibiza or Marbella, buyers are often encouraged to move quickly in order to secure a property. While this can be understandable in competitive markets, signing documents without independent legal review may expose purchasers to unnecessary risk.

Over the years, we have seen situations where buyers later discovered that a property had no valid holiday rental licence, contained unauthorised extensions, or was affected by planning restrictions that limited the intended use of the property. In rural areas of Mallorca, for example, older fincas sometimes include constructions that do not fully comply with current planning regulations.

Other problems may involve outstanding community debts, unresolved tax liabilities, or sellers lacking the proper authority or documentation required to complete the sale correctly.

Mortgage-related issues are also common. Some buyers assume that paying a reservation deposit guarantees protection if financing is later rejected. However, this depends entirely on the wording of the reservation agreement. In certain cases, deposits may become non-refundable even when a mortgage application is unsuccessful.

Many foreign purchasers are also unfamiliar with the pace and structure of the Spanish property market. It is not unusual for buyers to feel pressured to sign quickly by agents or sellers eager to secure the transaction. While many estate agents act professionally, buyers should understand that agents generally represent the seller’s interests rather than providing independent legal protection for the purchaser.

For this reason, obtaining legal advice before signing a reservation contract is one of the most important steps when buying property in Spain.

Is the Estate Agent Protecting the Buyer?

This is one of the most common misunderstandings among international buyers purchasing property in Spain.

Although estate agents often assist buyers throughout the process, their primary role is usually to facilitate the sale on behalf of the seller. This means they are not a substitute for an independent property lawyer acting exclusively in the buyer’s interests.

An independent lawyer can assess potential legal risks before any deposit is paid, explain contractual obligations clearly, negotiate protective clauses where necessary, and help ensure the transaction progresses securely.

This becomes particularly important when purchasing higher-value properties, rural homes, villas with holiday rental potential, or properties located in areas where urban planning regulations may be more complex, such as parts of Mallorca or the Balearic Islands.

What Should a Lawyer Check Before You Sign a Reservation Contract?

Before signing a reservation agreement in Spain, a lawyer should carry out several legal checks to identify risks that may not be immediately visible to the buyer.

One of the first steps is confirming that the seller legally owns the property and has the authority to sell it. The lawyer should also review the Land Registry documentation carefully to identify mortgages, embargoes, easements, outstanding debts or any other legal encumbrances affecting the property.

Urban planning and building legality are equally important. In some parts of Spain — particularly rural areas — older constructions, extensions or renovations may not fully comply with planning regulations. These issues can create significant complications for future owners if they are not identified early in the process.

Where buyers intend to use the property as a holiday rental investment, verifying the status of any tourist licence is essential before proceeding. In Mallorca and other parts of the Balearic Islands, rental regulations have become increasingly restrictive in recent years.

The lawyer should also review the reservation contract itself in detail, ensuring the payment terms, refund conditions, deadlines and penalties are reasonable and clearly defined. Many disputes arise simply because buyers sign contracts without fully understanding the legal consequences of certain clauses.

Check Out the Best Property Lawyers in the Region Where You Plan to Buy

Choosing the right independent lawyer is one of the most important decisions when buying property in Spain. Local experience matters, particularly in regions where planning regulations, rural land rules or holiday rental laws can vary significantly.

Whether you are purchasing a villa in Mallorca, an apartment in Barcelona, or a luxury property on the Costa del Sol, working with a lawyer who understands the local market can help avoid unnecessary risks and delays.

At Property Lawyers Network, we help connect international buyers with trusted independent property lawyers across Spain, including

• Mallorca
• Ibiza
• Marbella
• Barcelona

So, do you need a lawyer before signing a reservation contract in Spain?

If you want to protect your investment properly, the answer is almost always yes.

A reservation contract may seem like a simple first step, but it can carry significant legal and financial consequences. Having an independent property lawyer review the agreement before signing can help prevent disputes, financial losses, and unpleasant surprises later in the process.

For international buyers purchasing property in Spain, early legal advice is one of the safest investments you can make.

Need Independent Legal Advice Before Buying Property in Spain?

Property-Lawyers.com helps international buyers navigate the Spanish property purchase process with independent legal guidance, due diligence, and conveyancing support across Spain.

Sophie

Sophie Gutenberg is a legal content specialist focused on Spanish property law, real estate transactions, conveyancing, due diligence and tax issues affecting international property buyers in Spain. She works alongside qualified Spanish property lawyers .

The post Do I Need a Lawyer Before Signing a Reservation Contract in Spain? appeared first on Property Lawyers.

Too many buyers focus on finding the right property before thinking about the right legal and tax structure. By the time they seek advice, some decisions are already impossible to reverse.

This article explains why engaging a qualified property lawyer and a specialist tax adviser — before you start viewing — is not just good practice. It is essential.

The legal landscape in Spain is not the same as at home

Spain has its own conveyancing process, its own property registry system, and its own set of obligations for buyers and sellers. For international clients, the differences can be significant and surprising.

A Spanish property lawyer protects you at every stage — from checking that the title is clean and free of charges, to verifying that the property has the correct planning licences, to ensuring that community fees and local taxes are fully up to date before you sign anything.

Without that due diligence, you could purchase a property with hidden debts, illegal extensions, or structural issues that are legally yours to deal with the moment the deed is signed.

Four real situations where legal and tax advice made all the difference

The British retiree and the tax year trap

A UK citizen over 65 planned to retire to Spain. He intended to sell his UK business and his UK home — both with significant tax reliefs available in Britain. His plan seemed straightforward.

What he had not considered was the difference between the UK and Spanish tax years. By moving to Spain too early in the calendar year, he would have become Spanish tax resident from January, meaning Spain could claim tax on income and gains arising throughout that year — including the business sale. Spain does not offer the same relief available in the UK.

His property lawyer flagged the issue early and coordinated with his tax adviser. The solution was to purchase the home in Spain but delay formal tax residency until later in the year. The move happened. The reliefs were preserved.

The high-value purchase and wealth tax exposure

An international investor planned to buy a property worth over €5 million in his own name. What he did not initially realise was that direct personal ownership would expose him to Spanish wealth tax and the solidarity tax on large fortunes.

His property lawyer, working alongside a tax specialist, identified that purchasing through a Spanish company — supported by the relevant double tax treaty — would eliminate that exposure, improve the tax treatment of any rental income, and create a more efficient long-term ownership structure.

Because he sought advice before signing, there was time to set up the right structure from the outset.

The French retiree who nearly lost his exemption

A French national who had lived in Spain for more than ten years was selling his main home and returning to France. He was over 65, had lived in the property long enough, and appeared to qualify for a full capital gains tax exemption.

The trap was timing. By completing the sale in early spring and leaving Spain shortly afterwards, he risked spending fewer than 183 days in Spain that calendar year — losing his tax residency status and, with it, the exemption. Without it, he would have faced a substantial capital gains bill as a non-resident.

His lawyer advised him to delay completion until after the summer. Same buyer, same price, different date. The exemption was fully preserved.

The trust that did not cross the border

A UK client had set up a trust for inheritance planning before relocating to Spain. In the UK, the structure was perfectly valid. The problem was that Spanish law does not recognise trusts in the same way. Under Spanish tax rules, the assets were still effectively treated as belonging to the original owner.

When the time came to pass assets to his daughter, already resident in Spain, the trust provided no protection. A structure designed for one jurisdiction had simply not been adapted for another.

A specialist lawyer with cross-border experience would have identified this conflict early and recommended a structure that worked on both sides.

What a property lawyer does for you in Spain

A good property lawyer is not simply there to check a contract. Their role covers the full scope of your purchase:

• Conducting full due diligence on the title, debts, licences and planning status
• Reviewing the private purchase contract before you commit any funds
• Advising on the implications of buying personally versus through a company or structure
• Managing the notary process and registration of the deed
• Ensuring compliance with anti-money laundering requirements and NIE obligations
• Coordinating with your tax adviser so that the legal and fiscal strategy align

That last point matters more than many buyers realise. Legal advice and tax advice should not be delivered in isolation. The ownership structure your lawyer recommends needs to match the tax strategy your adviser has designed. When these two professionals work together from the start, the result is a transaction that is not only legally sound but fiscally efficient.

What a tax adviser does for you in Spain

A specialist property tax adviser brings a different but equally critical layer of protection. Their work includes:

• Advising on the most tax-efficient way to structure the purchase
• Identifying your obligations as a resident or non-resident in Spain
• Analysing the interaction between Spanish tax law and the rules of your home country
• Planning around wealth tax, capital gains tax, inheritance tax and the annual non-resident property tax
• Advising on the timing of a purchase or sale to maximise available exemptions
• Reviewing any existing structures — such as trusts or holding companies — to ensure they are effective in Spain

For international buyers in particular, the interaction between two tax systems is where the greatest risks — and the greatest opportunities — tend to lie.

The cost of not getting advice early

The cases above share a common thread: in each one, the problem was not the property itself. It was the absence of coordinated professional advice before the decision was made.

In some situations, a few months’ difference in timing saved tens of thousands of euros. In others, the right ownership structure from the outset avoided years of unnecessary tax exposure. And in the trust case, no amount of advice after the move could fully undo what had been put in place before it.

Property in Spain is a significant investment. The cost of good legal and tax advice is a fraction of the cost of getting it wrong.

Our approach

At Property-lawyers.com, we believe that every property transaction in Spain should begin with a clear legal and tax strategy — not end with one.

We work with international buyers and sellers at every stage of the process, from the first conversation through to completion and beyond. Our network of specialist tax advisers means that our clients benefit from joined-up advice that covers both the legal and fiscal dimensions of their purchase.

If you are considering buying or selling property in Spain, we would be delighted to speak with you before you take the next step.

Contact us today for an initial consultation.

This article is for general information purposes only and does not constitute legal or tax advice. Always seek independent professional advice tailored to your personal circumstances.

Sophie

Sophie Gutenberg is a legal content specialist focused on Spanish property law, real estate transactions, conveyancing, due diligence and tax issues affecting international property buyers in Spain. She works alongside qualified Spanish property lawyers .

The post Buying in Spain? Why You Need a Tax Expert appeared first on Property Lawyers.

In 2026, this visa is increasingly popular among retirees, property investors, and financially independent individuals, particularly those relocating to high-demand areas such as Marbella, Málaga and Mallorca.

This guide by Property Lawyers explains everything you need to know, including requirements, financial thresholds, tax implications, and how property investment can strengthen your application.

What is the Spain Non-Lucrative Visa?

The Non-Lucrative Visa is a residence permit that allows non-EU citizens to live in Spain without carrying out any professional or economic activity.

It is specifically designed for individuals who can support themselves through:

• Passive income, such as rental income, dividends or pensions
• Savings
• Investment returns

Important legal note: You are not allowed to work remotely or freelance under this visa. This is a key distinction and one of the most common causes of rejection.

Why Apply for the Non-Lucrative Visa in 2026?

Spain remains one of Europe’s most attractive destinations due to its high quality of life, stable property market, excellent healthcare system and strong international connectivity.

For many applicants, the visa is part of a broader relocation strategy that includes buying property in prime locations such as Marbella, Málaga or Mallorca.

Financial Requirements Updated for 2026

To qualify for the Spain Non-Lucrative Visa, applicants must demonstrate sufficient financial means based on the IPREM index.

Minimum Required Income

• Main applicant: €28,800 per year
• Each dependent: +€7,200 per year

Acceptable Sources of Income

• Rental income
• Dividends and investments
• Pension income
• Substantial savings

Employment income, including remote work, is not accepted for this visa.

Quick answer: To get a Non-Lucrative Visa in Spain, you must show at least €2,400 per month for the main applicant.

Key Legal Requirements

To successfully apply, you must provide:

1. Proof of Financial Means

• Bank statements covering 6 to 12 months
• Evidence of income, savings or investment returns

2. Private Health Insurance

• Full coverage in Spain
• No co-payments
• Valid for at least 1 year

3. Criminal Record Certificate

• Covering the last 5 years
• Apostilled and officially translated

4. Medical Certificate

• Confirming no public health risks

5. Proof of Accommodation

• Property purchase
• Long-term rental contract

Step-by-Step Application Process

1. Prepare all documentation, translated and apostilled where necessary
2. Submit the application at your local Spanish consulate
3. Attend the visa appointment
4. Wait approximately 4 to 12 weeks
5. Enter Spain within 90 days of approval
6. Apply for your TIE residence card within 30 days

Residency Obligations and Tax Implications

To maintain your visa, you must normally reside in Spain for at least 183 days per year. This means you will typically become a Spanish tax resident.

Tax Considerations

• Worldwide income may be taxable in Spain
• Double taxation treaties may apply
• Wealth tax may apply depending on assets and region

Proper legal and tax planning is essential before applying.

Why Property Investment Strengthens Your Application

Although not mandatory, purchasing property in Spain provides significant advantages:

• Demonstrates long-term commitment
• Strengthens visa approval chances
• Simplifies proof of accommodation
• Supports tax and residency planning

High-demand areas include:

• Marbella – luxury real estate and international lifestyle
• Málaga – strong growth and infrastructure
• Mallorca – premium island market

Common Reasons for Visa Rejection

Avoid these frequent mistakes:

• Insufficient or unclear financial documentation
• Incorrect health insurance with co-payments
• Missing apostilles or certified translations
• Applying from within Spain instead of your country of residence
• Declaring income from employment or remote work

Renewal, Permanent Residency and Citizenship

• Initial visa: 1 year
• First renewal: 2 years
• Second renewal: 2 years
• Permanent residency: after 5 years
• Spanish citizenship: typically after 10 years

Why Work with Property Lawyers?

The Non-Lucrative Visa requires a combined legal, financial, and property strategy.

Property Lawyers offers:

• Full visa application support
• Property conveyancing and due diligence
• Tax and residency planning
• End-to-end relocation services

Start Your Spain Residency Journey

If you are planning to relocate to Spain through the Non-Lucrative Visa, expert legal guidance can significantly increase your chances of approval.

Whether you are considering relocating to Marbella, Málaga or Mallorca, Property Lawyers can assist you at every stage of the process.

Contact our legal team today to begin your application.

Sophie

Sophie Gutenberg is a legal content specialist focused on Spanish property law, real estate transactions, conveyancing, due diligence and tax issues affecting international property buyers in Spain. She works alongside qualified Spanish property lawyers .

The post Spain Non-Lucrative Visa 2026: Complete Legal Guide to Residency Without Working appeared first on Property Lawyers.

This guide explains everything you need to know about buying property in Europe as a foreigner, and why working with a trusted property lawyer is essential to protect your investment.

Why Buying Property Abroad Requires Legal Expertise

Each European country has its own legal system, property laws, and tax regulations. What is standard practice in one country may be completely different in another.

Some of the most common challenges international buyers face include:

• Language barriers and legal terminology
• Different contract structures
• Hidden debts or charges linked to the property
• Local taxes and additional costs
• Ownership restrictions in certain areas

Without proper legal advice, buyers risk making costly mistakes that could delay the purchase or even result in financial loss.

This is why working with an independent property lawyer is one of the most important steps in the buying process.

⚖️ The Role of a Property Lawyer

A qualified property lawyer ensures that your transaction is secure, transparent, and legally compliant.

Their role typically includes:

• Conducting due diligence on the property
• Checking ownership and land registry records
• Identifying debts, charges, or legal issues
• Reviewing and negotiating contracts
• Advising on taxes and legal obligations
• Representing you during the transaction

In many European countries, the lawyer acts solely in your interest — unlike agents or sellers.

Buying Property in Spain

Spain remains one of the most popular destinations for second-home buyers, especially in areas like Mallorca, Marbella, and Barcelona.

Key points:

• No restrictions for foreign buyers
• Purchase process involves a reservation contract, private purchase contract, and final signing before a notary
• Property registration is essential

Taxes and costs:

• Transfer Tax (ITP): 6–10% depending on region
• Notary and registry fees
• Legal fees (typically 1–2%)

Common risks:

• Properties with illegal extensions
• Outstanding debts or community fees
• Planning or zoning issues

A local property lawyer is essential to verify all legal aspects before signing.

Buying Property in Portugal (Algarve)

Portugal, especially the Algarve, is highly attractive for international buyers due to its lifestyle and tax benefits.

Key points:

• Straightforward purchase process
• Buyer must obtain a Portuguese tax number (NIF)
• Promissory contract (CPCV) is commonly used

Taxes and costs:

• IMT (Property Transfer Tax): varies based on value
• Stamp Duty: 0.8%
• Legal and notary fees

Common risks:

• Rural properties with unclear boundaries
• Licensing issues for renovations
• Tax structuring for non-residents

Legal advice is crucial, especially for tax planning.

🇫🇷 Buying Property in France

France offers a structured and highly regulated system, particularly attractive in regions like the Côte d’Azur and Provence.

Key points:

• Notaire (public official) handles the transaction
• Preliminary contract (Compromis de Vente) is legally binding
• Cooling-off period for buyers

Taxes and costs:

• Notary fees: 7–8% (for resale properties)
• Additional legal costs if hiring a private lawyer

Common risks:

• Complexity in contracts
• Tax implications for non-residents
• Inheritance laws affecting ownership

👉 Many international buyers choose to have an independent property lawyer in addition to the notaire.

🇮🇹 Buying Property in Italy

Key points:

• Preliminary agreement (Compromesso)
• Final deed signed before a notary
• Title checks are critical

Taxes and costs:

• Registration tax
• VAT (for new properties)
• Notary and legal fees

Common risks:

• Properties with unclear title history
• Renovation restrictions
• Bureaucratic delays

A local lawyer helps navigate the complexities and ensures legal security.

Step-by-Step Property Buying Process

Although the process varies by country, the general steps include:

1. Property selection
2. Reservation or offer
3. Legal due diligence
4. Signing of preliminary contract
5. Final contract before notary
6. Registration of ownership

Common Mistakes to Avoid

Many international buyers make avoidable mistakes, such as:

• Not hiring an independent lawyer
• Relying solely on the seller or agent
• Not understanding tax implications
• Signing contracts without full translation
• Underestimating total purchase costs

These mistakes can lead to delays, disputes, or financial loss.

Why Choose a Trusted Property Lawyer

Working with a trusted lawyer offers:

• Peace of mind
• Legal protection
• Transparency
• Efficient transaction process

For international buyers, having access to verified legal professionals in each country is essential.

🌐 Find your Trusted Property Lawyer with property-lawyers.com

At Property Lawyers, we connect international buyers with trusted, independent property lawyers across Europe.

Whether you are buying in Spain, Portugal, France, or Italy, our network ensures you receive expert legal guidance tailored to your destination.

Find a Verified Property Lawyer in your chosen country and secure your investment with confidence

Property Lawyers in Marbella

Property Lawyers in Mallorca

Property Lawyers in Ibiza

Buying Property in Spain as a Foreigner

Yes, foreigners can buy property in Spain without restrictions. Spain allows non-residents to purchase real estate freely, whether for personal use, investment, or relocation.

However, you will need:

• An NIE number (foreigner identification number)
• A Spanish bank account
• Legal representation to handle the process

Get Legal Advice Before Buying Property in Spain

Buying property is a major investment. Getting expert legal advice ensures a smooth, safe, and stress-free process.

Sophie

Sophie Gutenberg is a legal content specialist focused on Spanish property law, real estate transactions, conveyancing, due diligence and tax issues affecting international property buyers in Spain. She works alongside qualified Spanish property lawyers .

The post Buying Property in Europe as a Foreigner: Legal Guide 2026 appeared first on Property Lawyers.

Buying a property in Spain has never been easier.

With just a few clicks, international buyers can browse villas in Mallorca, apartments in Barcelona, or beachfront homes on the Costa del Sol. Platforms inspired by Airbnb have transformed the way people search, compare and choose properties, making the process fast, visual and intuitive.

But while the search experience has evolved, one critical part of the journey remains complex—and often underestimated:

the legal process.

Because buying a property in Spain is not just about finding the right home.
It’s about making sure that what you’re buying is legally sound, financially secure, and free from hidden risks.

And that’s where a qualified property lawyer becomes essential.

Why the Legal Side of Buying Property in Spain Matters

For many international buyers, Spain offers an attractive combination of lifestyle and investment potential. However, the legal framework behind property transactions is very different from what buyers may be used to in their home countries.

Unlike some markets where the process is standardised and heavily regulated through agents, in Spain the responsibility for due diligence often falls on the buyer—and their lawyer.

This means that without proper legal guidance, buyers can unknowingly expose themselves to serious risks.

These may include:

• Properties with outstanding debts
• Incorrect or incomplete land registry records
• Illegal constructions or planning issues
• Problems with building licences
• Unexpected taxes or fees

At first glance, a property may look perfect.
But legally, it could be far from it.

What a Property Lawyer Actually Does

Many buyers assume that a lawyer is only needed to “handle paperwork.” In reality, their role is far more critical.

A specialised property lawyer in Spain will carry out a full legal due diligence process before you commit to the purchase.

This typically includes verifying ownership, checking the land registry, confirming that there are no charges or debts attached to the property, and ensuring that all urban planning regulations have been respected.

They will also review and negotiate contracts, explain legal implications clearly, and make sure that your interests are protected at every stage of the transaction.

From the reservation agreement to the final signing at the notary, your lawyer acts as your safeguard.

The Risks of Buying Without a Lawyer

It is still surprisingly common for buyers to proceed without independent legal advice, often relying solely on the seller’s agent or developer.

This can be a costly mistake.

Real estate agents are there to facilitate the sale—not to protect the buyer’s legal interests.

Without a lawyer, you may not be aware of underlying issues until it is too late. In some cases, resolving these problems after the purchase can be expensive, time-consuming, or even impossible.

For international buyers, the risks are even higher due to language barriers and unfamiliarity with local regulations.

What seems like a straightforward purchase can quickly become complicated without the right guidance.

Local Knowledge Makes a Difference

Spain is not a uniform market. Each region has its own administrative procedures, planning regulations, and local practices.

A property in Mallorca, for example, may involve different considerations than one in Marbella or Barcelona.

This is why working with a lawyer who understands the specific area where you are buying is so important.

Local expertise can help identify potential issues early, streamline the process, and ensure that all requirements are met correctly.

It also allows for better communication with local authorities, notaries, and other parties involved in the transaction.

Key Qualities to Look for in a Property Lawyer

Choosing the right lawyer is just as important as choosing the right property.

A strong candidate should specialise in property law and have proven experience handling real estate transactions in Spain.They should also be accustomed to working with international clients, offering clear communication in English and a transparent approach to fees and services.

Professionalism, responsiveness, and attention to detail are essential qualities, especially when dealing with complex legal documentation.

Ultimately, your lawyer should give you confidence—not confusion.

A Lawyer Is Not a Cost—It’s Protection

One of the most common misconceptions among buyers is that hiring a lawyer is an optional expense.

In reality, it is one of the most important investments you can make during the purchase process.

The cost of legal services is minimal compared to the value of the property—and significantly lower than the potential cost of legal problems down the line.

A good lawyer does not just facilitate the transaction.
They protect your investment.

A Smarter Way to Buy Property in Spain

As the Spanish property market continues to attract international buyers, expectations are changing.

Buyers now expect transparency, professionalism, and a smoother overall experience. While finding a property may feel as easy as booking a holiday, securing it legally requires expertise, precision, and local knowledge.

The most successful buyers understand this. They don’t just focus on the property—they focus on the process behind it.

Find the Right Property Lawyer for Your Purchase

Whether you are buying a second home, relocating, or investing in Spain, having the right legal support is essential.

Working with a qualified, independent property lawyer ensures that your purchase is secure, compliant, and handled correctly from start to finish.

Because in the end, buying property is not just about where you live, it’s about how safely you get there.

Sophie

Sophie Gutenberg is a legal content specialist focused on Spanish property law, real estate transactions, conveyancing, due diligence and tax issues affecting international property buyers in Spain. She works alongside qualified Spanish property lawyers .

The post The Airbnb for Law Firms appeared first on Property Lawyers.

For over a decade, this route attracted thousands of international buyers — particularly from the UK, Russia, China, and the Middle East — who combined lifestyle investments in Mallorca, Ibiza, Costa del Sol, or Barcelona with the benefits of Schengen mobility and a clear path to permanent residency and citizenship.

In 2026, that specific “buy-to-reside” option no longer exists for new applicants. However, buying property in Spain remains fully open to foreigners, and there are still several practical ways to live in the country long-term.

At Property Lawyers, we help clients navigate these changes every day. Here’s what you need to know if you’re considering a property purchase in Spain this year.

Why Was the Golden Visa Abolished?

The Spanish government suspended the real-estate component of the Golden Visa as part of broader efforts to address rising housing prices and ensure affordable homes for Spanish residents. Organic Law 1/2025 repealed the relevant articles of the 2013 legislation, closing new applications from 3 April 2025 onwards.

Existing Golden Visa holders can still renew their permits and progress toward permanent residency (after 5 years) and Spanish citizenship (after 10 years, with reduced periods for certain nationalities). But for new investors, the property route to fast-track residency is gone.

Can You Still Buy Property in Spain in 2026?

Yes — absolutely. Foreigners (including non-EU citizens) continue to enjoy the same property ownership rights as before. There is no ban on non-residents buying homes in the Balearic Islands, Andalusia, or anywhere else in Spain.

You can purchase villas, apartments, or land in Mallorca, Ibiza, Menorca, Marbella, or Barcelona without any residency requirement. In many cases, owning a Spanish property can still support your lifestyle or investment goals — even without the automatic residency perk.

The key difference in 2026 is that property ownership and residency applications are now handled as separate processes.

Popular Residency Alternatives After the Golden Visa (2026)

While the investment-linked Golden Visa is closed, several other visa options remain available. The most relevant for property buyers include:

• Non-Lucrative Visa (NLV) Ideal for retirees, passive income earners, or those with sufficient financial resources who do not intend to work in Spain. Requirements typically include proof of adequate income (around €28,800+ per year for the main applicant in 2026) and private health insurance. After 5 years of legal residence, you can apply for permanent residency.
• Digital Nomad Visa (DNV) Designed for remote workers, freelancers, and entrepreneurs whose clients or employer are based outside Spain. Minimum income thresholds apply (approximately €2,849 per month in 2026), along with health insurance and other documentation. This visa is renewable and leads to the same long-term residency path.

• Entrepreneur / Startup Visa For those launching an innovative business in Spain that creates jobs or has economic impact. Requires a solid business plan approved by the authorities.
• Other Routes Family reunification, student visas, or work visas (if you secure employment in Spain) may also apply depending on your situation.

Important: None of these alternatives require a minimum property investment. However, owning a home in Spain can make it easier to demonstrate ties to the country when applying for or renewing any of these visas.

What Should Property Buyers Do in 2026?

1. Separate your decisions Buy the property that best fits your lifestyle or investment goals — without expecting automatic residency.
2. Plan your residency independently Work with immigration specialists early to identify the best visa route for your personal circumstances (income, work situation, family, etc.).
3. Protect your property purchase legally This is where an independent Spanish lawyer becomes essential. We conduct full due diligence, review contracts, check urban planning compliance, licences, charges on the property, and community rules — especially important in high-demand areas like the Balearics and Costa del Sol.
4. Consider tax and succession planning from day one Non-residents face specific taxes on purchase (ITP, VAT, Stamp Duty) and ongoing obligations (Non-Resident Income Tax, Wealth Tax). Planning inheritance early can prevent future problems for your family.

Why Use an Independent Property Lawyer?

Many international buyers previously relied on the Golden Visa process and developer lawyers. In 2026, with residency no longer tied to the purchase, having your own independent legal team is more important than ever to:

• Avoid costly mistakes in the purchase process
• Ensure the property is free of hidden defects or legal issues
• Optimise tax structures where possible
• Coordinate with immigration advisors if you plan to live in Spain

The end of the Spain Golden Visa marks the close of one chapter, but Spain remains one of the most attractive destinations for international property investment and living. Whether you’re buying a holiday home, a rental investment, or your future family residence, professional legal support ensures the process is secure and stress-free.

If you’re considering buying property in Spain in 2026 and want clear advice on both the purchase and your residency options, contact our team today.

Ready to move forward? Send us details of the property you’re interested in or your questions about living in Spain — we’ll reply promptly with practical, tailored guidance.

Sophie

Sophie Gutenberg is a legal content specialist focused on Spanish property law, real estate transactions, conveyancing, due diligence and tax issues affecting international property buyers in Spain. She works alongside qualified Spanish property lawyers .

The post The End of Spain’s Golden Visa: What It Means for Property Buyers in 2026 appeared first on Property Lawyers.

The Costs of Buying Property in Mallorca

When buying a property in Mallorca, there are several costs to consider. These include:

1. Property Transfer Tax: This tax is paid by the buyer and is based on the purchase price of the property. In Mallorca, the transfer tax is 8% for properties up to €400,000 and 10% for properties over €400,000.
2. Notary Fees: Notary fees are charged for the notary to certify the sale contract and are typically between 0.1% and 1% of the purchase price.
3. Legal Fees: Legal fees vary depending on the complexity of the transaction and the services required.
4. Property Registration Fees: The buyer must pay a fee to register the property with the Land Registry.
5. Mortgage Fees: If the buyer requires a mortgage, there may be additional fees, including valuation fees, arrangement fees, and mortgage deed fees.

The Costs of Selling Property in Mallorca

When selling a property in Mallorca, there are also several costs to consider. These include:

1. Real Estate Agent Fees: The seller typically pays the real estate agent fees, which are negotiable but generally range from 3% to 5% of the sale price.
2. Capital Gains Tax: If the property has increased in value since the seller purchased it, they will need to pay capital gains tax on the difference. The tax rate is 19% for EU residents and 24% for non-EU residents.
3. Plusvalía Tax: This tax is levied on the increase in the value of the land since the property was last sold. The amount varies depending on the location, size, and value of the property.

Why Costs in Mallorca are Different than in Marbella or Malaga

While the costs of buying and selling real estate in Mallorca may seem similar to those in other regions of Spain, there are some key differences that can affect the overall cost. Here are some reasons why:

1. Location: The location of the property can have a significant impact on the cost. For example, Mallorca is a popular tourist destination and has a high demand for property, which can drive up prices. On the other hand, Marbella and Malaga are also popular destinations, but their real estate markets may not be as competitive.
2. Property Value: The value of the property also plays a role in the cost. Mallorca has some of the most expensive properties in Spain, with luxury villas and apartments commanding premium prices. In contrast, Marbella and Malaga have a wider range of properties at different price points.
3. Taxes: The taxes and fees associated with buying and selling property can vary depending on the region. For example, the capital gains tax rate in Mallorca is 19% for EU residents and 24% for non-EU residents, while in Marbella and Malaga, the rate is a flat 19%.v
4. Legal Fees: Legal fees can also vary depending on the complexity of the transaction and the services required. In Mallorca, legal fees may be higher due to the higher property values and more complex transactions.

In conclusion, purchasing or selling real estate in Mallorca can be a lucrative investment, but it’s important to understand the costs involved. By knowing what to expect, you can plan your budget accordingly and avoid any surprises during the transaction process.

While the costs of real estate transactions in Mallorca may differ from those in Marbella or Málaga, it’s essential to keep in mind that each region has its unique real estate market. Factors such as location, property value, taxes, and legal fees can all contribute to the overall costs involved in buying or selling property.

However, despite these differences, one thing remains constant – the importance of working with experienced professionals who can guide you through the transaction process. Whether you’re a buyer or a seller, it’s crucial to have a knowledgeable real estate agent and a reputable lawyer on your side to ensure that your transaction is smooth and successful.v

So, if you’re considering investing in Mallorca real estate, take the time to research the costs involved, consult with professionals, and make an informed decision. With its stunning scenery, vibrant culture, and booming real estate market, Mallorca may just be the perfect place for you to call home or make a profitable investment.

Property Lawyers – Find a local lawyer today

At Property Lawyers, we are here to help you find the right lawyer for you. Our website acts as a directory for local lawyers, so you can easily search for a lawyer, find out about them, and contact them. We’ve helped over 1000 clients find a local lawyer to protect their interests.

To get started, simply browse our list of lawyers in Mallorca, Málaga and Marbella or read more insights on our resource pages.

Sophie

Sophie Gutenberg is a legal content specialist focused on Spanish property law, real estate transactions, conveyancing, due diligence and tax issues affecting international property buyers in Spain. She works alongside qualified Spanish property lawyers .

The post Real estate purchase and sale costs in Mallorca and why it is not the same as in Marbella or Málaga appeared first on Property Lawyers.

What is the job of a Lawyer in Mallorca? 

It is compulsory for a Lawyer in Mallorca to be engaged with any property exchange in Spain. While Spanish legal officials are essential for the lawful calling, ensure you don’t confound the job of your legal counselor/specialist with a public accountant.  

The job of a Lawyer in Mallorca is to direct the desk work in a property exchange, gather all essential duties and register the property with the Spanish Land Library. Spanish legal officials don’t represent either the purchaser or vendor. You ought to educate your own autonomous attorney/specialist to encourage you according to the property you wish to purchase.  

Picking a Lawyer in Mallorca 

Picking the right Spanish attorney is a significant choice. It is unequivocally suggested that you teach an autonomous English-talking attorney who has experience encouraging worldwide customers according to property buys in Spain.  

An autonomous Spanish legal advisor, then again, addresses the interest of the buyer and will do the accompanying to guarantee that your property buys in Mallorca is as protected and tranquil as could be expected:  

Property Lawyers in Mallorca

When buying a property in Mallorca, it’s important to hire a lawyer that you trust. Here at Property Lawyers, we aim to help you find the right lawyer for you.

To get started, have a quick look through our list of lawyers in Mallorca or get in touch

Sophie

Sophie Gutenberg is a legal content specialist focused on Spanish property law, real estate transactions, conveyancing, due diligence and tax issues affecting international property buyers in Spain. She works alongside qualified Spanish property lawyers .

The post Do You Need a Lawyer to Buy a Property in Mallorca? appeared first on Property Lawyers.

What is an ‘illegal property’ in Spain?

The term illegal here might refer to all or part of a property that hasn’t been developed in accordance with the law. This could be a property built under the wrong permit, on land zone for another purpose, with unregistered elements such as an extension, or more.

There are many reasons that people may come to own an illegal property; the titleholder might have been trying to avoid annual tax or wanted to build in an area they shouldn’t. Alternatively, an unwitting buyer might acquire an illegal property without realising.

Often, these properties can be found on rural land, where vast villas and fincas are highly sought after due to their extensive space. However, this is not always the case.

Whatever the reason, it’s important to know that your entire property is legal to avoid unwanted repercussions.

What are the consequences of illegal work?

There are many types of illegal work that can be carried out. As an example, Law firm Bufete Frau explains the consequences for those who buy a property with non-permissible works on agricultural land in Mallorca.

They say that usually only “the owner-builders, constructors and technical staff with a direct involvement in the construction” can be criminally prosecuted, but that someone who subsequently buys the property may face a fine or demolition order.

Fines for illegal building work on rustic land in Mallorca

The Council of Mallorca’s Agency for Planning Discipline (known as ADT) is the organisation that investigates building work on rustic (non-residential) land.

According to the Majorca Daily Bulletin, between 2009 and 2019 the ADT levied fines that totalled €29.7 million. However, only €3.8 million euros were paid, mainly due to owners voluntarily remedying illegalities and receiving a greatly reduced fine.

Other issues faced with illegal builds

Aside from prosecution, fines, and demolition orders, illegal building work can lead to other problems. As a buyer or an owner, you don’t want any discrepancies between how your property is described on official documents and what it’s like in real life.

Imagine, for example, if you needed financial help with the property, lenders would determine the amount you receive based on official documents of the property. If the property is substantially bigger than these documents say, how will the owner then finance it?

Legalizing a property in Mallorca

The process of legalizing a property can vary according to local rules. For example, as El Pais reported, Andalucía recently opened an opportunity for 327,000 homes to be legalized.

In Mallorca, a 2014 law came in that gave a three-year amnesty for illegal builds. It was estimated that around 1000 properties in Ibiza and 30,000 homes in Mallorca would be eligible for this.

As Mallorcan Councillor Maria Antónia Garcías explains, the person responsible for the illegal works needs to liaise with the relevant town hall to see if the work can be legalised. If not, a demolition project needs to be shown.

Avoid buying an illegal property in Spain

The UK Foreign, Commonwealth & Development Office has developed a guide for UK citizens looking to buy a property in Spain. When it comes to matters of legality, they explain:

“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.”

They also advise hiring a trusted and experienced lawyer, which is seconded as an important part of the buying process by the Spanish Land Registry.

Your lawyer can help you spot red flags, avoid common pitfalls, and protect your interests in the buying process. Ideally, the law firm should be experienced in the right areas, be independent, understand the local laws, speak your language, and have the right insurance and credentials.

Property Lawyers – Find a local lawyer today

At Property Lawyers, we are here to help you find the right lawyer for you. Our website acts as a directory for local lawyers, so you can easily search for a lawyer, find out about them, and contact them. We’ve helped over 1000 clients find a local lawyer to protect their interests.

To get started, simply browse our list of lawyers in Mallorca, Menorca and Ibiza or read more insights on our resource pages.

Sophie

Sophie Gutenberg is a legal content specialist focused on Spanish property law, real estate transactions, conveyancing, due diligence and tax issues affecting international property buyers in Spain. She works alongside qualified Spanish property lawyers .

The post Legalisation of Properties in Spain (including Mallorca) appeared first on Property Lawyers.