Chapter

Buying property in Spain step by step

§ 1The sequence at a glance

1. Search, view and shortlist.
2. Check the property, the seller and the paperwork.
3. Agree a price and reserve the property.
4. Sign a preliminary contract with a deposit, if one is used.
5. Sign the public deed before a notary and pay the balance.
6. Pay the regional tax and register the title.

The registrars' consumer guide folds the same process into five steps: find the home, sign the contract, pay the taxes, register the property and understand the costs. The longer list above separates the checks, because that is where buyers lose money.

§ 2Searching and viewing

The search is the longest and least regulated step. You can search alone or with an agent, and you should view in person before you pay anything. How to find a property covers where listings come from and what an agent's role is. A viewing trip sets out how to use a short visit well, because for most foreign buyers a visit is the main chance to see a property.

§ 3Checking before you commit

The registrars advise requesting the registry entry before paying or signing, and checking the last property tax receipt, the community fees, the energy certificate and the habitability certificate. A nota simple is informative only, while a certificate of ownership and charges is a public document that can be used in court, so the first guides your decision and the second proves a point.

Most of these checks belong to the legal section of the handbook, and this chapter only places them in order. The practical rule is that no deposit moves until the registry entry matches what the seller says.

§ 4Reserving and making an offer

Once a property passes your first checks you negotiate. Making an offer explains how an offer and a reservation work and what each commits you to. The notaries' council notes that a preliminary deposit contract is optional but valid once signed, and that the notary does not take part in drafting it, which is why you should have it read by someone who acts for you.

§ 5The deed, the tax and the registry

At the deed the notary verifies identities, capacity, ownership and charges, and the deed records how payment was made. The notaries prefer payment by bank transfer or nominative cheque. After signing, the buyer pays the regional tax within the deadline, and the registrars' guide gives 30 working days as the usual period, though it varies by region. Registration then makes the buyer the recognised owner against the seller's creditors and any hidden charges.

§ 6Preparing and pacing

Two supporting pages help you plan. What you need to buy lists the numbers, documents and accounts to arrange before you can sign, and the buying checklist turns the sequence into a list you can print.

For planning, how long a purchase takes explains why weeks matter less than the order.

§ 7Decisions that sit around the steps

Some choices come before any step and change what the steps involve. The case for buying at all and buying with a purpose in mind shape the budget and the search.

Buying rights of foreigners answers whether anything blocks your nationality, and new or second-hand changes the taxes and the protections.

Last, the way you hold the property changes who signs and who is liable. Buying jointly and the other holding structures are best settled before you reserve, and the overview of buying a home shows how all these pieces fit together.

§ 8Where buyers lose money

Three points account for most losses. The first is paying a deposit before the registry entry has been read by someone acting for you. The second is signing a contract whose clauses on withdrawal and defects were never explained. The third is treating the notary as your representative, when the notary is impartial and gives advice to both sides. The order of the steps keeps those three points under control, and each step returns to them from a practical angle.

§ 9Using the notes

Each stage above has short notes that deal with one question in detail: a printable checklist, the documents and numbers you need, the search, the viewing trip, the offer and the timeline. Read them in the order of your own purchase, not in the order of the page. The notes repeat the key checks, on purpose, because the checks are the part of a purchase that is easiest to forget when the excitement of a viewing takes over.

If you are early in the process, start with the preparation page and the checklist. If you already have a home in mind, go straight to the offer page and then to the checks. In both cases, keep a single folder for everything you receive and sign, and note the date next to each item.

Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.