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Free Guide to Hiring a Real Estate Lawyer
Conveyancing refers to the legal process of transferring ownership of real estate from one person to another. In Guia, Spain, conveyancing follows Spanish national law together with local administrative procedures administered by the town hall - ayuntamiento - and local registries. A typical conveyancing transaction includes pre-contract checks, a private reservation or purchase agreement, execution of a public deed before a notary - escritura publica - payment of applicable taxes and registration of the new title at the local land registry - Registro de la Propiedad. Whether you are buying, selling, inheriting, or mortgaging property, understanding these steps and the local requirements in Guia helps reduce risk and avoid unexpected costs.
Engaging a lawyer is not always mandatory, but legal advice is highly recommended in many common situations:
- Buying residential property - to carry out due diligence, review contracts, confirm clear title, and advise on taxes and costs.
- Buying off-plan or new-build properties - to check developer guarantees, delivery conditions, and completion dates.
- Selling property - to prepare sale contracts, ensure mortgage cancellations or subrogation, and manage tax obligations.
- Taking out, varying, or canceling a mortgage - to review mortgage terms, register or discharge charges, and advise on obligations.
- Inheritance or succession matters - to determine heirs, divide estates, prepare deeds and handle inheritance taxes.
- Regularizing or resolving title defects - for illegal extensions, boundary disputes, or missing licences.
- Rental or commercial transactions - to draft leases, check local licensing and planning compliance, and advise on tax rules.
- If you are a foreign buyer - to obtain and use an NIE number, arrange powers of attorney, and ensure compliance with non-resident tax obligations.
Conveyancing in Guia is governed by national Spanish legislation together with local administrative rules. Key legal and procedural aspects to understand include:
- Public deed and notary requirement - The transfer of property ownership is formalised by an escritura publica executed in front of a notary. The notary confirms identities, capacity and the agreed terms. The deed is the primary document used for registration at the Registro de la Propiedad.
- Land registry - The Registro de la Propiedad records title, mortgages and other encumbrances. A property must be checked in the relevant local registry to verify ownership, burdens and legal description.
- Cadastral information - The Catastro provides official maps and descriptions for tax and planning purposes. Discrepancies between the registry and the cadastre may require clarification.
- Taxes and duties - Resale properties are subject to Impuesto sobre Transmisiones Patrimoniales - ITP. New builds usually carry Value Added Tax - IVA - and Actos Juridicos Documentados - AJD. Local capital gains tax on land value increases - Plusvalia Municipal - may be payable by the seller. Non-residents have separate filing obligations for rental income and capital gains.
- Urban planning and licences - Check the local urban plan - PGOU or municipal plan - and that the property has the required licences and occupancy certificate - cédula de habitabilidad or licencia de primera ocupacion. Unauthorized constructions can lead to fines or difficulty in registering a deed.
- Horizontal property and community rules - Properties in buildings are subject to comunidad de propietarios rules and statutes that may impose costs, restrictions on alterations, or voting obligations.
- Mortgages and charges - Any mortgage must be granted by public deed and is registered. If a seller has a mortgage, ensure it is repaid or properly cancelled at completion, or that the buyer assumes or subrogates it under agreed terms.
- Foreign buyers - Non-Spanish nationals need an NIE number. They must also be aware of specific tax requirements and practicalities like opening a Spanish bank account and arranging powers of attorney if they cannot appear at the notary in person.
No, use of a lawyer is not compulsory for a property transaction in Spain. However, a specialist lawyer provides essential protection: they perform legal due diligence, explain tax liabilities, negotiate contract terms, and ensure the title is registered correctly. This is particularly important for foreign buyers or complex deals.
Key checks include verifying the vendor is the registered owner, confirming there are no unpaid debts or charges registered against the property, checking planning permissions and licences, reviewing community of owners accounts and rules, confirming boundaries and cadastral data, and identifying tax liabilities linked to the transaction.
A Nota Simple is an extract from the Registro de la Propiedad that sets out the current registered owner, description of the property, and any mortgages or encumbrances. It is a basic but essential document for assessing title. A full search or certificate can provide more formal evidence.
Taxes depend on whether the property is new or resale. For resale purchases you normally pay ITP. For new builds you typically pay IVA and AJD. Sellers usually pay Plusvalia Municipal on the increase in land value. Buyers and sellers must also consider income tax and non-resident tax obligations when applicable. A lawyer or tax advisor can estimate exact amounts.
Times vary. A straightforward resale can complete in a few weeks if due diligence is clean and financing is ready. A new build may take months if still under construction. Delays often come from mortgage approvals, outstanding debts, planning irregularities or administrative processing at the registry and tax offices.
A reservation agreement secures a property temporarily, often with a small deposit. A private purchase contract - contrato privado de compraventa - sets out the terms, a larger deposit and completion conditions. The public deed - escritura publica - is the formal transfer signed before a notary. The title is valid and enforceable once the public deed is executed and registered.
Yes. Foreign citizens can buy property in Spain. Non-residents need a foreigner identification number - NIE - and commonly open a Spanish bank account. Non-resident buyers should arrange tax registrations and be aware of reporting obligations. Practical arrangements like powers of attorney are often used if the buyer cannot attend the notary in person.
If the seller has a mortgage, the deed must state whether the mortgage will be cancelled on completion or if it will remain and be assumed by the buyer. Usually the seller repays and cancels the mortgage at completion, and the lender must sign the discharge or issue a certificate for registration purposes. Your lawyer and notary will ensure the registry reflects the correct situation.
Yes. Properties with unauthorised works or missing licences present risks. Local authorities may impose fines, require demolition, or refuse to grant occupancy certificates. A lawyer will advise on the feasibility and cost of regularisation and the legal risk to buyers. Often such issues require consultations with the town hall and planning experts.
Costs vary by complexity and region. Typical costs include notary fees, registration fees, taxes, lawyer fees and possibly surveyor or planning consultant fees. Lawyer fees are usually agreed in advance as a fixed fee or percentage. Always ask for a written cost estimate detailing services and likely disbursements before engaging counsel.
Useful organisations and public bodies to consult when dealing with conveyancing in Guia include:
- The local town hall - ayuntamiento - for planning, licences, and occupancy certificates.
- The local Registro de la Propiedad for title searches and registration matters.
- The Catastro for cadastral maps and property descriptions used for taxes.
- Agencia Tributaria for national tax information, and the local tax office for regional tax matters.
- The provincial or regional Colegio de Abogados - Bar Association - to verify a lawyer's registration and to find specialists in property law.
- The Colegio de Notarios for information on notarial procedures and notary lists.
- Local administrative offices for foreigners and immigration services if you need an NIE or residency information.
If you need legal assistance with conveyancing in Guia, follow these practical steps:
- Gather basic documents: ID or passport, NIE if you have one, property reference or address, and any seller documentation already provided.
- Choose a specialist property lawyer registered with the provincial Bar Association. Prefer lawyers who speak your language if you are not fluent in Spanish.
- Request a written engagement letter that explains services, fees and estimated disbursements. Confirm who will handle notary attendance and registration.
- Ask your lawyer to obtain a Nota Simple, check the Catastro, confirm taxes due, and run a full search for charges and planning compliance.
- If needed, negotiate contract terms and include clear conditions for deposits, completion date, and remedies for breach.
- Arrange financing and ensure you understand all mortgage conditions and related costs if you plan to borrow.
- Attend the notary signing or grant a notarised power of attorney if you cannot attend in person.
- After completion, ensure the deed is registered at the Registro de la Propiedad, taxes are paid and municipal records are updated. Keep copies of all documents in a safe place.
If you are uncertain where to start, contact the local Bar Association or the town hall to ask for recommendations for property lawyers and notaries operating in Guia. A short initial consultation with a lawyer will clarify the specific steps and costs for your situation.
