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Free Guide to Hiring a Real Estate Lawyer

TOMAS  BALLESTERO LAWYERS
Office in Javea, serves La Xara, Spain

Founded in 1992
5 people in their team
English
French
Spanish
Real Estate Conveyancing
Tomas Ballestero Lawyers is a fully bilingual English and French law firm with its main office in Jávea (Xàbia), on the Costa Blanca. The firm was founded in Valencia in 1992 — where we still keep an office — and opened the Jávea office in 2003. We also work with a collaborating office in...
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Check the property, planning status and costs before you commit

La Xara is part of the municipality of Dénia, so local planning enquiries and many property-related applications go through Dénia’s Town Council. A property purchase usually involves checking the title, debts, planning status and tax position before signing the deed before a notary.

Properties in La Xara may be in a built-up area or on land subject to different planning rules. A lawyer can compare the Land Registry record with the cadastral description and council records, especially where a home has extensions, outbuildings or a changed use.

The usual purchase process includes a private contract, often with a deposit, followed by a public deed signed before a notary and registration in the Land Registry. A notary formalises the deed but does not replace independent advice on the contract or the property’s risks.

When a property lawyer can help in La Xara

  • You are buying a village house and need to check whether an extension or renovation was authorised and recorded.
  • You are considering a rural property or plot and need to confirm its permitted use, access, services and renovation options under Dénia’s planning rules.
  • You are buying an apartment or property in a shared development and need to check community debts, approved works, bylaws and meeting minutes.
  • You are buying a new-build or off-plan home and need the contract, payment protections, completion terms and required documentation reviewed.
  • You are a non-resident buyer who needs help arranging a Spanish tax identification number, understanding purchase taxes and completing the transaction.

Spanish and Valencian rules that can affect the purchase

Spanish Civil Code: enacted by Royal Decree of 24 July 1889. It contains rules relevant to contracts, sale and purchase, ownership and obligations between buyer and seller.

Mortgage Law: approved by Decree of 8 February 1946. It governs the Land Registry system and registration of property rights and mortgages, making a registry review important before completion.

Valencian territorial planning, urbanism and landscape rules: the consolidated text was approved by Legislative Decree 1/2021 of 18 June. These rules are relevant to land use, building permissions and planning status in Dénia, including La Xara.

Frequently asked questions

Do I legally need a lawyer to buy a property in La Xara?

A lawyer is not generally required by law to complete a purchase. Independent advice can help identify title, planning, contract or tax issues before you become bound by the deal.

What checks should be completed before paying a deposit?

Check the seller’s ownership, registered charges, planning position, cadastral details and any community debts. Have the deposit contract reviewed before signing, including its deadlines and the consequences if either party withdraws.

What is the difference between a Land Registry record and a cadastral record?

The Land Registry records ownership and registered rights, while the Cadastre is an administrative record used for matters including property description and taxation. Their details can differ, so discrepancies in boundaries, area or buildings should be investigated before completion.

What purchase taxes may apply?

A resale normally attracts property transfer tax, while a qualifying new-build sale generally involves VAT and stamp duty. The applicable tax and rate depend on the transaction and current Valencian rules, so confirm them before budgeting or signing.

How much does a property lawyer cost?

Legal fees vary with the property, transaction complexity and work required, and are usually agreed with the lawyer. Ask for a written scope and quote, including whether VAT and additional work are included.

How long does a purchase usually take?

A straightforward transaction may take several weeks, but the timing depends on searches, finance, document availability and the contract deadline. Planning questions, title corrections or an unregistered extension can take longer.

Can a foreign national buy property in La Xara?

Many foreign nationals can buy property in Spain, but they will generally need a Spanish tax identification number to complete tax and transaction formalities. A lawyer can check any restrictions that may apply to the buyer or the particular property.

Can I buy a rural property and renovate it?

Ownership does not by itself establish that a building is legal or that proposed works are permitted. Ask Dénia’s Town Council to confirm the planning position and obtain legal advice before relying on a renovation plan.

Do I need to sign the purchase deed in person?

The public deed is signed before a Spanish notary, either by the buyer or by a properly authorised representative. A lawyer can explain the power-of-attorney requirements if you cannot attend in person.

Does the notary check whether the property is a safe purchase?

The notary performs legally required checks and formalises the public deed, but does not act solely for the buyer. Separate legal checks can address contract terms, planning matters and other risks specific to your purchase.

What happens after the deed is signed?

The deed is normally submitted for registration in the relevant Land Registry, and the required taxes must be dealt with within applicable deadlines. The lawyer or other agreed representative can arrange these steps and provide proof of completion.

Official resources for property checks

  • Dénia Town Council: the local authority for La Xara. Its planning services can provide information about municipal planning rules, permissions and property-related applications.
  • Generalitat Valenciana: the regional government responsible for Valencian planning and urbanism rules and related public information.
  • Land Registry serving the property: the relevant Registro de la Propiedad can provide registry information and register ownership or other rights after completion. Confirm which registry covers the property address.

Practical steps to find and hire a property lawyer

  1. Before paying a deposit, identify the property, proposed price, seller and any contract deadline. Gather the draft contract and available title or cadastral documents.
  2. Within the first few days, shortlist lawyers who handle Spanish property purchases and can advise on Valencian planning rules and transactions in Dénia.
  3. Ask each candidate for a written fee quote, work scope, likely disbursements and confirmation of who will handle tax filings and registration.
  4. Before signing a private contract, have the lawyer review the deposit terms and request initial title, charge and planning checks.
  5. Allow time for follow-up enquiries if registry, cadastral and council information does not match. Resolve significant issues before committing to completion.
  6. Before the notary appointment, confirm the funds, identification and tax arrangements, and check that the deed reflects the agreed terms.
  7. After signing, confirm that taxes are filed and the deed is submitted to the Land Registry, then obtain copies of the registration and closing records.

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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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