Finding a Lawyer in Spain

Getting independent legal advice in Spain

If you are seriously considering buying a property in Spain it is never too early to start looking for a lawyer to represent your interests throughout the transaction, even before you have found the ideal property. If you have a lawyer in place – and of course the funds to buy or an agreement in principle for a mortgage then an estate agent will consider you a serious buyer which may also help you when negotiating the final price.

When you do have an offer accepted you certainly require an independent lawyer in place just as you would when buying a property in the UK and should never sign any documentation before having it examined by your legal professional.

While an estate agent in Spain will do a lot more for you than the equivalent in the UK and can be a valuable source of local information, ultimately they represent the seller and the seller’s interests.

It is not unusual for an estate agent to recommend a lawyer they know, this lawyer may be particularly expert in the local area or have previously acted for buyers on a development you’re interested in and so be considered a good option for you. However it is advisable to source an independent lawyer who you feel will protect your interests.

How do I find a good lawyer in Spain?

When looking for a lawyer you should check they are fluent in English, a specialist in conveyancing, independent of the seller/ developer and your estate agent and fully insured to a public liability premium well above the value of your purchase. Always insist that any advice from your lawyer is put in writing, this concentrates the mind of any lawyer and helps to ensure a high standard of professionalism. 

What should my lawyer do in Spain?

First of all you need to agree your lawyer’s fees, typically around 1% of the purchase price, and understand the associated costs with buying property in Spain. Once you have commissioned the lawyer to act on your behalf they will advise what to do next, but the issues they will look into include:

• Check the property is registered at the Land Registry and obtain a copy of the land search or ‘nota simple’
• Ensure the property has a license of first occupation, this confirms the property has been built as per the planning permission, and check that the boundaries are clearly identified
• Check the property is registered for local rates known as ‘impuesto do bienes inmuebles’
• Ask to see recent utility bills and check what individual meters are in place e.g., water and electric
• Assess the taxable value of the property, the level at which the tax authorities will accept for transfer taxes
• Ensure there are no outstanding charges or mortgage against the property or that any in place will be satisfied by the sale

If required, your lawyer will usually be able to help you in other areas such as arrange a survey or valuation, open a local bank account, obtain an NIE number (a foreigner’s identification number), assist with setting up a Spanish will and power of attorney.