Your lawyer’s duties in Spain: A clear overview

by | May 28, 2025 | Geen onderdeel van een categorie, News

Dreaming of owning your own home under the Spanish sun? Fantastic! However, buying property in Spain involves a legal process. This is where the lawyer (abogado) plays a key role. Many buyers wonder, “What exactly does my lawyer do? And what is included in their fees?” We are happy to explain, because a good lawyer is worth their weight in gold and your direct line to a worry-free purchase.

Why a lawyer is indispensable in Spain

The Spanish legal system and real estate procedures are different from what you may be used to. A lawyer specialized in Spanish real estate law is not a luxury, but a must to protect your legal and financial interests and avoid surprises.

The core tasks of your lawyer: a complete package!

If you hire an attorney to purchase your Spanish home, their quote normally covers a wide range of work. You are paying for their expertise, so make the most of it!

These are the most important tasks your lawyer performs for you:

  1. Thorough investigation (Due diligence): The all-important step! Your lawyer checks:
  • Property rights: Who is the rightful owner (through the Property Registry – Nota Simple) and whether there are no mortgages, encumbrances or other restrictions on it.
  • Land Registry: Whether cadastral data match reality.
  • Permits: Whether all building permits and the certificate of habitability (Licencia de Primera Ocupación) are in order.
  • Tax and Legal Requirements: Your lawyer will inform you of any additional taxes (such as transfer tax or VAT/IVA) and fees.
  • Community of Owners (Comunidad de Propietarios): Status of any debts and bylaws (if applicable).
  • NIE number and Spanish bank account: Your lawyer will help you apply for your Spanish tax identification number (NIE) and advise on a Spanish bank account – both essential.
  • Preparing and reviewing contracts:
    • Review and modify reservation contract.
    • Negotiate, draft and review the preliminary sales contract (Contrato de Arras Penitenciales or Contrato de Compraventa) so that the terms are clear, legally correct and your best interests are protected.
  • Notary preparation and guidance:
    • Preparing all documents for the notarized title deed (Escritura Pública de Compraventa).
    • Counseling at the notary during the signing.
    • Arranging for a Power of Attorney (Poder Notarial): If desired, so that your attorney can act on your behalf at signings or proceedings when you cannot be present yourself.
  • Communication with developer (in new construction): Your attorney serves as liaison with the developer, liaising on the progress and completion of the property, including agreements on the completion date and any completion items.
  • Mortgage application advice and assistance: Your attorney can advise you on the best time to start a mortgage application and assist with the necessary procedures and documentation.
  • Aftercare and registration: After signing, it doesn’t stop:
    • Financial settlement: Ensuring proper payment of taxes and arranging any bank guarantees.
    • Registration: Ensure the correct registration of the title deed in the Spanish Property Registry (Registro de la Propiedad).
    • Utilities: Transfer of water, electricity, etc. to your name.
    • Post-inspection and follow-up: Track whether contractual obligations (such as completion items) are met and advise on further steps after the purchase.
  • Applying for tourist license: If you want to rent out your property touristically, your lawyer can advise and support you in obtaining the necessary license (if applicable in that region).

    • Your lawyer is your point of contact: Ask all your questions!

    Never feel encumbered to “bother” your lawyer with questions. You pay your attorney for their full guidance and expertise throughout the whole process. They are there precisely to answer your questions and clear up ambiguities.

    Very important: Your attorney is often the only person who may and can give you certain legal information. We as real estate agents are happy to guide you through the search process, but for pure legal advice, your attorney is the expert.

    Short lines are best. Interact directly with your attorney for legal issues. This prevents misunderstandings and ensures quick, accurate information.

    Do you have plans to buy property in Spain and are looking for guidance, including recommendations for expert lawyers? Contact Your Destinations Real Estate today. We’d love to help!