spanish house for sale

Property Buying Process in Spain: Complete Checklist for Foreigners

Author: Izidor Isakov

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Time to read: 5 min

Buying property in Spain is not complicated โ€” but the process is very different from most countries.


Understanding each legal and financial step in advance can save you thousands of euros and months of delays.


This guide focuses purely on the practical and legal process of buying property in Spain, from obtaining your NIE to signing the final deed at the notary.


If you want a deeper overview of the market, risks, regions, and investment opportunities, read our complete guide to buying property in Spain.

Overview: How the Property Buying Process Works in Spain

Ayuntamiento โ€“ town hall in Spain

Before exploring each step in detail, here is a simplified overview of the process:

Typical Steps

  1. Obtain NIE number
  2. Open a Spanish bank account
  3. Get mortgage pre-approval (if needed)
  4. Find a property and make an offer
  5. Conduct legal due diligence
  6. Sign reservation or arras contract
  7. Complete the purchase at the notary

Typical Timeline

4 to 12 weeks (depending on financing and legal checks)

Step 1: Obtain Your NIE Number

The NIE (Nรบmero de Identidad de Extranjero) is mandatory for any property transaction in Spain.

Mortgage pre-approval checklist

Why You Need a NIE

  • property purchase
  • taxes
  • bank account
  • utilities

Common Mistake

Many buyers start searching for property before obtaining their NIE, which often delays the process.

Practical Tip:

Apply for your NIE as early as possible, ideally before visiting properties.

Step 2: Open a Spanish Bank Account

A Spanish bank account is required to manage payments related to the purchase.


Property Lawyer Calculating

What It Is Used For

  • Deposits and purchase payments
  • Taxes and fees
  • Mortgage transactions

Practical Tip

Choose a bank with strong online banking and English-speaking support.

Step 3: Mortgage Pre-Approval (If Financing)

If you plan to finance your property purchase, mortgage pre-approval is essential.

Newly built apartment in the Costa del Sol.

Typical Financing Conditions

  • Residents: up to 80% of the property value
  • Non-residents: 60โ€“70% of the property value

Documents Required by Banks

  • Proof of income and assets
  • Tax returns
  • Bank statements
  • Employment or company documents

Practical Tip

Buyers with mortgage pre-approval often secure better deals and avoid losing properties.

Step 4: Hire an Independent Property Lawyer

Hiring an independent lawyer (abogado) is strongly recommended when buying property in Spain.

What Your Lawyer Does

  • Verifies ownership and legal status
  • Checks debts and charges
  • Reviews contracts
  • Represents you if you are abroad

Typical Legal Fees

Usually 1%โ€“1.5% of the purchase price

Risk Warning

Buying property without a lawyer can result in hidden debts or legal disputes.

Step 5: Property Search and Offer

Once your finances and legal support are ready, you can start the property search.

Key Factors to Evaluate

  • Location and infrastructure
  • Rental potential
  • Legal status
  • Renovation costs

Submitting an Offer

Once you have chosen a property, you can submit a formal offer to the seller. Bear in mind that this should be covered by a reservation guarantee; nobody will negotiate unless you put money on the table.

Luxury beach house in Marbella with a pool view

Step 6: Due Diligence and Deposit (Reserva / Arras)

Reserva (Reservation Agreement)

  • โ‚ฌ3,000โ€“โ‚ฌ11,000

  • temporarily removes the property from the market

Arras Contract (Private Purchase Agreement)

  • Usually 10% of the purchase price
  • Defines penalties if either party withdraws

Important Warning

Never pay a deposit before legal verification!

Step 7: Notary and Final Completion

The final step is signing the public deed (Escritura Pรบblica) at the notary.

Typical Purchase Costs

  • Property transfer tax (resale): 7%
  • VAT + stamp duty (new build): 11โ€“12%
  • Notary, registry, and legal fees

After Signing

  • You receive the keys
  • Ownership is registered

How Much Extra Should You Budget?

Budget Guidelines

  • Resale property: +10โ€“13%
  • New build: +12โ€“15%

These costs include taxes, legal fees, and administrative expenses.

Common Mistakes When Buying Property in Spain

Most Frequent Errors

  • Starting without NIE
  • Paying deposits without legal checks
  • Underestimating taxes and fees
  • Relying only on the sellerโ€™s agent
  • Choosing a location without lifestyle analysis

Property Buying Checklist in Spain

Before Signing Any Contract

Notary documents and stamp marked with a pencil

Make sure you have:

  • NIE number
  • Spanish bank account
  • Mortgage approval (if needed)
  • Independent lawyer
  • Legal property report
  • Clear budget including taxes

Final Thoughts

Izidor Isakov - Real Estate Manager at Alegria Real Estate

Buying property in Spain should be exciting, not stressful.


With the right preparation and professional support, the process can be smooth, secure, and efficient.


If you want personalised guidance tailored to your situation, I help buyers navigate the entire processโ€”from choosing the right area to signing the final deed.


๐Ÿ‘‰ Book a free consultation to discuss your property plans in Spain.

FAQ

Can foreigners buy property in Spain without living there?

Yes โ€” Spain places no restrictions on foreign buyers owning property, even if they never become residents. Many of my international clients purchase holiday homes or investment properties while living abroad, and we manage the full process remotely, including viewings, paperwork, and coordination with lawyers.

How long does the entire buying process usually take?

On average, 4โ€“8 weeks from choosing the property to signing at the notary. Some premium clients complete even faster when all documents are prepared early. The biggest time saver is having the mortgage and legal checks initiated right away.

Is it possible to negotiate property prices in Spain?

Yes โ€” negotiation is common, especially on resale properties. In the premium segment, I often help clients secure better terms not only on price, but also on furniture, payment schedules, or included renovations, depending on the sellerโ€™s situation.

What ongoing yearly costs should property owners expect?

Besides utilities, owners should plan for:

  • IBI (municipal tax)

  • Community fees (if the building has a pool, garden, security, etc.)

  • Home insurance

  • Non-resident income tax, if applicable
    These vary by area, so I always calculate the realistic yearly cost for clients before they commit.

Can I rent out my Spanish property legally?

Yes โ€” but rules differ by region and even by city district. Some require a tourist license, some allow only long-term rentals, and premium coastal zones often have waiting lists. I advise clients case by case and connect them with local experts to avoid fines or restrictions.

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