The buying process in Spain.

Prerequisites

The seller will be asked to produce:

a publicly registered title deed or escritura publica

a certificate from the local property registry – nota simple informativa – that shows ownership and details of any mortgages or other charges against the property

a paid local property receipt or impuesto de bienes inmuebles (IBI). In addition, you would be well advised to obtain a copy of the most recent water, electricity, telephone, and rubbish collection bills

The buyer will need:

NIE

You are required to have a tax identity number (NIE/NIF) within 30 days of the contract being finalised.

Your lawyer will be able to obtain one for you, or you can use a local gestor which is usually cheaper, and arguably faster.

Lawyer

You should always use a lawyer when buying property in Spain, just as you would elsewhere. The British Spanish Law Association is a good starting point.

STAGE 1 - Private contract

A private contract is signed between the buyer and the seller, although not legally necessary it is very common, when the contract is signed it is usual to pay a non-refundable deposit of 5-10% (señal or arras) which is held by the seller.

STAGE 2 - Notario

The purchase is formally completed before a notario (a public official who impartially oversees the transaction, and ensures that both parties are aware of their tax obligations). The notary represents neither party and can help in authoritatively resolving any doubts or questions you may have. The vendor will sign the property over to you and you will exchange the final payment for the keys. If the notary does not speak English, then you will need the help of your lawyer, or a translator. As the buyer, you have the right to select which local notary is used, you can also choose to give power of attorney to your lawyer beforehand enabling him/her to attend the notary in your absence.

FINAL STAGE - Registry

After leaving the notary, he will send your escritura de compraventa to the property registry to be registered and converted into a public document or escritura publica. Irregularities of any kind may cause the property registry to decline to register the document until the problem is resolved. For peace of mind, you or your lawyer should request a nota simple informativa or escritura publica from the property registry a few months after the purchase is completed.