How to choose a lawyer to buy property in Spain
Instruct your own Spanish lawyer before you sign anything more than a small, refundable reservation, and choose one who works for you alone rather than one introduced by the agent. Your lawyer does most of the work in a Spanish purchase: the legal checks, the contracts, the power of attorney, the taxes after completion and the registration.
Why independence matters
A lawyer introduced by the agent may be perfectly competent, but the agent is paid only if the sale goes through, and the agent's commission is normally paid by the seller (in the Balearics, commonly around 5% plus VAT). Make sure the reservation document does not pass any of it to you. Relying only on the agent instead of an independent lawyer is one of the most common mistakes buyers make.
Instruct the lawyer early. The checks should be finished before you sign the private contract (the arras) and pay the main deposit, which in practice is often around 10% of the price. Signing arras before the checks are complete is another common mistake.
What your lawyer should check
Spain keeps two records of every property, and your lawyer should check both: the Land Registry, which is the legal record of ownership, and the Catastro, the administrative record used for tax. Before you commit, your lawyer should:
- Obtain a nota simple from the Land Registry, before you pay any deposit and again just before completion, to confirm that the seller is the registered owner and to identify every charge.
- Compare the Catastro record with the Land Registry and with what is on site. A pool, annex or extra floor that appears in one but not the other is a warning sign.
- Ask for the building and occupation licences, the energy performance certificate and a town hall planning certificate showing whether any infringement proceedings are open.
- Confirm that local property tax (IBI) and community fees are paid, since the property answers for unpaid IBI and for the seller's community fees for the current year and the three previous calendar years.
- For rural land, confirm the planning classification and check the date and licence of every structure, not just the main house.
Some checks are regional. In the Balearics, a certificate of habitability is required for a sale and, on protected rural land, unlicensed work can be ordered demolished at any time. On the Costa Blanca, your lawyer should also ask about urban development charges, developments never handed over to the town hall and conservation bodies, and check the flood maps. Non-EU buyers of rural land in the Balearics, or in four municipalities in the south of the Costa Blanca, also need a military permit, which our guide on who can buy explains.
The contract, completion and after
Your lawyer drafts or reviews the private contract and can make it conditional on events you do not control: the mortgage being approved, the military permit for non-EU buyers of rural land, the seller legalising an unlicensed structure or cancelling a mortgage, and, if the seller is non-resident, the 3% withholding and the estimated municipal gains tax being kept back from the price. Before the notary appointment, ask for a completion statement showing every amount. After completion, your lawyer or gestoría deals with the transfer tax or stamp duty, the registration of the deed and the change of utilities into your name. The step-by-step guide sets out the whole sequence.
Power of attorney
You do not have to be in Spain to buy. Your lawyer can apply for your NIE, open accounts, sign the purchase and pay the taxes on your behalf under a power of attorney. You can grant it before the Spanish consul where you live, which needs nothing further, or before a notary in your own country, which needs an apostille under the Hague Convention and, if it is not in Spanish, a sworn translation. It must list each thing your lawyer may do. Ask your lawyer to send the draft to the notary handling the purchase before you sign it, because a vaguely worded power can be refused.
What it costs
In both the Balearic Islands and on the Costa Blanca, lawyers' fees are commonly around 1% of the price plus VAT, often with a minimum, and are freely agreed. Ask for a written quote that lists what is included, from the first checks to the registration of the deed and the first tax returns, and whether the NIE, power of attorney or military permit are extra, and check whether VAT is included. You can add the fee to the other purchase costs in the free calculators for the Balearics and the Costa Blanca.
Checking a lawyer is registered
Each region's Bar Association lets you check that a lawyer is registered:
- In the Balearic Islands: the Balearic Bar Association (Il·lustre Col·legi de l'Advocacia de les Illes Balears), at icaib.org.
- On the Costa Blanca: the Alicante Bar Association (Ilustre Colegio de la Abogacía de Alicante), at icali.es.
One last precaution: pay deposits only to an account in the seller's name that your lawyer has verified, or to your lawyer's client account, never to an agent's personal account, and confirm by phone, on a number you already know, any change of bank details sent by email.
More detail in the book. Chapters 1, 3 and 4 of Buying a Home in the Balearic Islands as a Non-Resident cover this with worked examples, deadlines and the risks behind the figures.
More detail in the book. Chapters 1, 3 and 4 of Buying a Home on the Costa Blanca as a Non-Resident cover this with worked examples, deadlines and the risks behind the figures.
General information based on the rules in force in October 2026, not legal or tax advice. Rules change often: check your own case with an independent Spanish lawyer or tax adviser before you act.
Related: How much does it cost to buy a home in the Balearic Islands? · How much does it cost to buy a home on the Costa Blanca?