SPAIN - The process of buying a property in Spain

The process of buying a property in Spain usually runs as follows. First, the buyer makes an offer. If this is accepted, then the buyer and seller sign a preliminary contract (contrato privado de compravento) and the buyer pays a deposit, typically 10% of the purchase price.

Viewing property in Spain and making an offer

Once you've found a property you like, you'll usually need to make an offer through the seller's estate agent.

As in other countries, prices are open to negotiation; the property's asking price is an indication rather than a demand. Unless the price is particularly attractive or you're competing with other buyers, it makes sense to start negotiations below the asking price, but not so low as to offend the seller.

Basic negotiations on price are often done verbally. Once you reach an outline agreement, you should have your offer summarized in writing by your notary.

Hiring a solicitor or notary

The services of a notary are not legally necessary to complete the sale. Having a lawyer to complete the due diligence is highly advised and is required by many mortgage lenders.

The buyer is responsible for registering the property. Your notary may provide this service for a fee, and/or may notify the registry office that the sale has taken place, without completing full registration.

Any lawyer practicing in Spain should be registered with the local bar association (Colegio de Abogados). They will have a registration number that you can ask for and then verify with the bar association. Naturally, registration does not guarantee honesty or competence, but it is a good minimum standard to insist on.

Arranging a survey

It's possible to buy a property in Spain without having a house survey, but this isn't advised. A house survey helps you ensure there are no significant defects with the property that could come back to haunt you further down the line.

For existing properties, there are generally two main types of survey available. A valuation report is a surface-level survey that gives you an independent guide to the property's market value.

A building survey goes deeper, looking at the structural condition of the property and outlining any serious issues. Building surveys are more expensive than valuation reports, but they also provide a more comprehensive guide to the property's condition.

Many governments provide lists of lawyers and translators who speak both Spanish and another language. The British Embassy's list of English speaking lawyers and translators is a useful resource.