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Frequently asked questions
Answers to the most common questions about buying or selling on the Costa del Sol
Questions that come up time and again at first consultations with international buyers and sellers. The answers are for guidance only and are no substitute for an assessment of each individual case.
Why do I need a lawyer if the estate agency and the notary are already involved?
The estate agency puts the buyer and seller in touch, and the notary (notario) attests the signing, checks the identity of the parties and informs you of the charges recorded at the Land Registry (Registro de la Propiedad). Neither of them acts exclusively in your interests. Your lawyer reviews the property and the contracts before you commit and negotiates the terms on your behalf.
What is planning due diligence and why do I need it before buying?
It is the legal check of the home or plot with the Land Registry, the Spanish Cadastre (Catastro) and the Town Hall before you commit. It confirms that the property is in order, that it matches what appears in the documents and that you will be able to use, renovate or sell it with peace of mind in the future.
What is a deposit contract (contrato de arras)?
It is the private contract that reserves the purchase until the title deed (escritura pública) is signed. It sets out the price, the amount paid by the buyer and the deadline for signing before the notary. Under ‘arras penitenciales’, the most common type, if the buyer withdraws they lose the amount paid and, if the seller withdraws, they must repay twice that amount. That is why it should be reviewed before it is signed.
What is the NIE and when do I need it?
The NIE (Spanish foreigner identification number) is the tax identification number that the Spanish authorities assign to foreign nationals. It is essential for signing the title deed, applying for a mortgage and paying the taxes on the purchase. It can be applied for in Spain or at the Spanish consulate in your country, and we explain how to do so well in advance.
Can I follow the whole process without travelling to Spain?
Yes. The first consultation and the follow-up can take place by video call and email, and the signing before the notary can be carried out under a power of attorney granted in your country, apostilled and translated, or at the Spanish consulate. We explain how to prepare each document and review it before you sign it.
Can you help me obtain a mortgage?
Yes. We work with banks to make financing easier for international buyers, tell you which documents the bank usually requests and go through the loan terms with you before signing, so that they suit your needs. We also coordinate the signing of the mortgage with that of the purchase.
What costs and taxes are involved in buying a home?
When buying a resale home you pay Property Transfer Tax (Impuesto de Transmisiones Patrimoniales) and, for a new-build home, VAT (IVA) and Stamp Duty (Impuesto de Actos Jurídicos Documentados). On top of these come the notary and Land Registry fees and, if there is a mortgage, the valuation fees. Before the deposit contract we explain the costs your transaction will involve.
What happens if the review finds something outstanding?
We explain clearly what it is and what options you have: asking the seller to resolve it before the title deed, including a condition in the contract or adjusting the price. The important thing is to know about it before signing, so that you can decide with all the information and with our advice.
If I sell and do not live in Spain, what should I bear in mind?
When the seller is not tax resident in Spain, the buyer withholds 3 % of the price and pays it to the Spanish Tax Agency on account of the tax owed by the seller on the sale. The seller then files their return and, where applicable, claims a refund of the difference. We explain these obligations to you before you sign.
Will you be with me throughout the purchase?
Yes. We are with you from the initial stage, including the search for the property if you need it, until the title deed is signed before the notary and registered with the Land Registry, and we draft or review all the contracts for the transaction.
Your particular case
Can’t find your question?
Every transaction has particular features that a general answer cannot cover: the type of property, the municipality where it is located, whether the purchase is financed with a mortgage or whether you live outside Spain. That is why we prefer to know about your case before giving you an answer.
You can put your question to us by telephone, on WhatsApp or using the contact form. We will reply, telling you which checks your case requires and which documents you should gather.