Why Do You Need a Lawyer When Buying Property in Spain? 5 Things They Will Check for You

1. The legal status of the property

A lawyer verifies who legally owns the property and whether it is subject to any mortgages, liens, easements or other encumbrances.

One of the key documents is the nota simple from the Registro de la Propiedad, Spain’s Property Registry. However, a full legal review may also include planning documentation and confirmation that the property matches the information held in the relevant official records.

2. Contracts before you sign them

A reservation agreement, contrato de arras, or private purchase agreement may contain clauses with significant financial consequences.

A lawyer will typically review:

• the amount of the deposit and the conditions under which it may be refunded,
• the payment schedule,
• key deadlines,
• termination and withdrawal provisions,
• the parties’ liability in the event of a breach of contract.

This allows the buyer to understand exactly what they are committing to before transferring any funds.

3. Outstanding debts and obligations linked to the property

Before completing the purchase, it is important to verify whether the property has any outstanding liabilities, including:

• unpaid IBI property tax,
• outstanding homeowners’ association fees,
• extraordinary assessments approved by the homeowners’ association.

This is particularly important when purchasing an apartment or a property within a gated residential community.

4. Documentation when buying from a developer

When purchasing an off-plan or newly built property, a lawyer can review matters such as:

• the developer’s legal and financial standing,
• the building permit,
• the payment schedule,
• the expected completion date,
• the safeguards protecting the buyer’s payments.

Spanish law provides protection for funds paid toward properties under construction through appropriate bank guarantees or insurance policies.

5. Whether the property can be used as intended

If the buyer intends to use the property for a specific purpose, such as short-term tourist rentals, a lawyer can verify whether this is permitted under local regulations, the rules of the homeowners’ association and the current legislation applicable in Andalusia.

This is especially important on the Costa del Sol, where individual municipalities may introduce additional restrictions.

A lawyer and a notary do not perform the same role

The notary ensures that the transaction complies with the law and remains impartial. A lawyer representing the buyer reviews the documentation and potential risks specifically from the perspective of their client’s interests. For this reason, a lawyer’s involvement usually begins well before the signing of the final deed before the notary.

Need legal support when buying property in Spain?

At La Rosa Estate, we work with experienced law firms specializing in Spanish real estate transactions.

We can help coordinate the legal side of your purchase, from reviewing the property’s legal status and documentation to preparing contracts and completing the transaction before the notary.

Sources

• Colegio de Registradores de España – Registro de la Propiedad / Nota Simple
• Consejo General del Notariado
• Junta de Andalucía – informacje dotyczące zakupu nieruchomości
• Ley 49/1960 de Propiedad Horizontal
• Ley 38/1999 de Ordenación de la Edificación