PROPERTY LAW
Property lawyers in Spain.
Know what you are buying before you sign. We check the property, negotiate the contract, attend the notary with you and calculate the taxes, whether you live in Spain or abroad.
Article 91 VAT Law, Article 1454 Civil Code, Article 25 Non-Resident Income Tax Law and Organic Law 1/2025.
WHAT WE DO
A safe purchase
from start to finish.
Legal checks, contracts, notary and tax coordinated by one firm.
Registry checks
Ownership, charges, mortgages and liens using the Land Registry extract.
Planning and licences
Planning status, habitability certificate and municipal licences.
Deposit and contract
We draft or review the deposit agreement and purchase contract.
Notary and registry
We attend the signing and register the property in your name.
Purchase taxes
VAT and stamp duty, or transfer tax, depending on the case.
Non-resident buyers
NIE, bank account, powers of attorney and ongoing tax obligations.
BEFORE YOU PAY ANYTHING
What we check
before the deposit.
Most purchase problems are visible before signing, if you look for them.
- Registry extract: owner, charges and description.
- Outstanding property tax and community fees.
- Habitability certificate and energy certificate.
- Planning status and licences.
- Payment terms, deadlines and penalties.
SIGNING AND AFTER
From the notary
to your name on the registry.
The purchase does not end at the notary. We handle what comes next.
- Public deed and means of payment.
- 3% withholding if the seller is non-resident.
- Payment of purchase taxes.
- Registration with the Land Registry.
- If you live abroad: Modelo 210 every year.
New or resale: which tax you pay
If you buy a new home from a developer, you pay VAT, generally at 10%, plus the stamp duty set by each region. If you buy a resale home from a private seller, you pay transfer tax, which is also regional.
The exact rate depends on the region, the price and your circumstances, so we calculate it before you sign the deposit agreement.
Deposits, properly understood
With a penalty deposit, the buyer can withdraw by losing the deposit and the seller by returning double, as Article 1454 of the Civil Code provides. Other types have very different effects.
If the contract is unclear about the type of deposit, disputes often end up in court. That is why we draft the clause precisely.
Buying from a non-resident seller
If the seller is not resident in Spain, the buyer must withhold 3% of the price and pay it to the tax office on account of the seller’s tax. Otherwise, the property remains liable for that amount.
It is a buyer’s obligation that is often forgotten. We build it into the deed and the payment schedule.
The golden visa no longer exists
Since 3 April 2025, Organic Law 1/2025 repealed the investor residence visa. Buying property no longer gives access to that residence route.
If you want to live in Spain, we review the immigration alternatives that fit your situation.
Legal review: 24 September 2026
STEP BY STEP
How we work
with you.
Checks
Registry extract, debts, planning and documents.
Offer and deposit
Negotiation and deposit agreement.
Contract
Terms of the sale and the financing.
Notary
Signing, payments and withholding.
After the sale
Taxes, registration and yearly obligations.
COMMON MISTAKES
What costs the most
later on.
First check who the owner is and what charges exist.
The type of deposit decides what happens if someone withdraws.
If the seller is non-resident, withholding is the buyer’s obligation.
That residence route ended on 3 April 2025.
HOLA LEGAL · BY MOBA LAW
Buying from abroad?
Hola Legal organises the legal and tax side of your move or investment in Spain with an AI report for €49.
FAQ
Clear
answers.
Do I need a lawyer to buy a home?
It is not mandatory, but a lawyer checks what the notary does not negotiate for you: terms, deposit and risks before you pay.
Which taxes do I pay when buying?
For a new home, VAT (generally 10%) and stamp duty; for a resale home, transfer tax. The latter are set by each region.
Can I buy without being in Spain?
Yes, with a power of attorney. You will need an NIE and usually a Spanish bank account.
Does the golden visa still exist?
No. The investor residence visa was repealed on 3 April 2025.
What if the seller lives abroad?
You must withhold 3% of the price and pay it to the tax office; otherwise, the property is liable for that amount.
YOUR NEXT STEP