Buying a home is, for most people, the biggest investment of their lives. Yet many property purchases are completed without anyone carefully reviewing the contracts, the charges on the property or its planning status. By the time a problem appears, the money has usually already been paid.
At MH & MG Abogados we have spent more than 25 years advising private clients on real estate law from our offices in Barcelona and Roses (Girona). If you are looking for a lawyer for buying property in Spain, we support you throughout the entire purchase, from the first reservation to the signing before the notary and registration at the Land Registry, so that you buy exactly what you think you are buying, with no surprises.
This support is especially important when the buyer is a foreign national, which is very common in Barcelona and on the Costa Brava. We can assist you in Spanish, Catalan, English, German, Dutch and French, in person or online. Below we explain, step by step, how we can help.
1. If you are a foreign national, we help you obtain your NIE
Any foreign national who wants to buy property in Spain needs a Foreigner Identity Number (NIE). Without it you cannot sign the public deed, open a Spanish bank account, pay the taxes on the purchase or set up utilities.
The NIE can be requested in Spain, at the relevant Immigration Office or National Police station, or from your home country through the Spanish consulate. In both cases you need to book an appointment, complete the official form, pay the fee and prove the reason for the application, in this case the purchase of a property.
As a firm that also specialises in immigration law, we take care of:
- Preparing the form and the documents that support the purchase.
- Booking the appointment and paying the fee.
- Advising you on the fastest route given your situation and country of residence.
- Handling the application on your behalf, where possible, under a power of attorney.
We recommend starting this process as early as possible, even before you have found the right property, because getting an appointment can take several weeks.
2. We advise you on the contracts signed before the deed
Before signing before the notary, it is common to sign one or more private documents. Each has different legal consequences, and a poorly drafted text can cost you money or even the property. We review, negotiate or draft for you:
Reservation agreement. Usually signed with the estate agent so that the property is taken off the market for a few days in exchange for a small deposit. We check who receives that money, on what basis and in which cases it is refunded.
Penitential deposit contract (arras penitenciales). This is the most common contract in practice. Governed by Article 1454 of the Spanish Civil Code and, for properties in Catalonia, by Article 621-8 of the Catalan Civil Code, it allows either party to withdraw from the deal: if the buyer withdraws, they lose the deposit paid; if the seller withdraws, they must return double the amount. It is essential that the contract expressly states that the deposit is penitential, because otherwise it is treated as a confirmatory deposit (in Catalonia this is expressly laid down by law), with very different effects. In Catalonia, the buyer can also recover the deposit if the contract provides for bank financing and the bank refuses it.
Private purchase agreement. Sometimes the parties prefer to close the sale in a private contract and later formalise it in a public deed. We make sure it sets out precisely the price, the payment terms, the deadline for signing before the notary, the state of charges in which the property must be delivered and who bears each cost and tax.
In all of them we pay special attention to the clauses that protect you as the buyer, such as the refund of any amounts paid if the mortgage is not granted or if undisclosed charges come to light.
3. We analyse registry and planning charges
Before you hand over any money, we check that the property is free of problems or, if there are any, that they are resolved before completion. Our review includes:
- Land Registry status. We obtain the Land Registry extract (nota simple) to verify who the real owner is and whether there are mortgages, seizures, easements, usufructs, tax liens or other restrictions.
- Planning status. We check with the Town Council that the building complies with regulations, that there are no open planning enforcement proceedings or illegal works, and that the property is not non-conforming or affected by future planning. This check is particularly important for coastal properties and second homes.
- Debts attached to the property. We verify that the property tax (IBI) is up to date and request the certificate of debts from the homeowners’ association, as certain outstanding debts can end up falling on the new owner.
- Mandatory documents. We review the energy performance certificate and, in Catalonia, the valid certificate of habitability (cédula de habitabilidad).
- Occupancy. We confirm whether the property is free of tenants or occupants and that it will be handed over on the agreed terms.
If the seller is not resident in Spain, we also warn you of the buyer’s obligation to withhold a percentage of the price and pay it to the Spanish Tax Agency on account of the seller’s taxes, an obligation that is often overlooked.
4. We go with you to the notary, or sign on your behalf
Signing the public deed is the moment when the price is paid and ownership is transferred. Beforehand, we review the draft deed prepared by the notary’s office, coordinate with the seller, the estate agent and, where applicable, the bank, and check the means of payment and the documents the notary requires.
On the day of signing we can help you in two ways:
By accompanying you to the signing. We are by your side to answer any questions, explain the content of the deed in your language and verify that everything matches what was agreed. If you do not speak Spanish, we help you arrange an interpreter, whom the notary may require to ensure you understand what you are signing.
By signing on your behalf. If you cannot travel to Spain, you can grant us a notarial power of attorney so that we attend and sign the purchase in your place. The power of attorney can be granted before a Spanish notary or, from abroad, before the Spanish consulate or a local notary; in the latter case we explain how to legalise it with the Hague Apostille and, if necessary, have it translated. We prepare the exact wording of the power so that it covers all the necessary powers, and no more.
5. After the signing
Our work does not end at the notary’s office. We can also handle payment of the taxes on the purchase, registration of the deed at the Land Registry and the transfer of utilities and local taxes into your name. If you are not resident in Spain, we advise you on the tax obligations that come with owning property here.
Thinking of buying a home in Spain?
Whether you live in Spain or are contacting us from abroad, at MH & MG Abogados we offer close, personalised support throughout your purchase, in your language, so that you can invest with peace of mind and legal certainty.
Book your in-person or online appointment and we will give you a no-obligation quote:
- Barcelona: Rambla Catalunya 92, 3º 2D · +34 93 368 32 02
- Roses (Girona): José Espronceda 10, Local C6 · +34 972 15 24 32
- WhatsApp: +34 653 964 658 · Email: info@mhmgabogados.com
You can also write to us through our contact page.