Best Conveyancing Lawyers in Málaga

About Conveyancing Law in Málaga, Spain

Conveyancing in Málaga, Spain refers to the legal process of transferring ownership of real estate from one party to another. Whether you are buying, selling, or inheriting property, conveyancing ensures that transactions comply with Spanish laws and all parties’ interests are protected. Málaga, as part of the Andalusian region, follows both national and local property laws, and many transactions involve foreign buyers or sellers. The conveyancing process includes due diligence, drafting legal documents, verifying the property’s status, ensuring payment of taxes, and registering ownership correctly.

Why You May Need a Lawyer

There are numerous situations where hiring a lawyer for conveyancing in Málaga is essential. Buying or selling property can be complex, especially if you are unfamiliar with Spanish law or do not speak Spanish fluently. Legal issues may arise regarding property boundaries, debts attached to the property, inheritance, or tax obligations. A qualified lawyer will verify the property’s legal status, draft and review contracts, handle negotiations, inform you about potential legal risks, and ensure funds are paid securely. For non-residents or those unfamiliar with the property market in Málaga, professional legal guidance can prevent costly mistakes and provide peace of mind.

Local Laws Overview

In Málaga, conveyancing is governed by Spanish national property laws, with additional regional regulations in Andalusia. Some key legal aspects include:

• Land Registry: All property transactions must be registered at the local Land Registry (Registro de la Propiedad) to establish legal ownership.
• Due Diligence: Verifying that the seller is the legal owner, checking for debts, encumbrances, or planning issues attached to the property.
• Notarial Deed: Property transfers require signing a public deed (escritura pública) before a notary.
• Tax Obligations: Buyers and sellers must pay different taxes, such as Transfer Tax (Impuesto de Transmisiones Patrimoniales) or Value Added Tax (IVA) for new properties, and Plusvalía tax for sellers.
• Energy Certificate: A valid Energy Performance Certificate is mandatory for most property sales.
• Residency and Banking: Non-residents must obtain a Foreigner’s Identification Number (NIE) and may need a Spanish bank account for payments.

Frequently Asked Questions

What does a conveyancing lawyer do in Málaga?

A conveyancing lawyer in Málaga oversees the property transfer process, ensuring the transaction is legal, the property is free from debts and encumbrances, and all documents are correctly prepared and registered.

Do I have to be in Spain to buy or sell property?

No, you can appoint a lawyer through a Power of Attorney to represent you during the transaction if you cannot be physically present in Spain.

How long does the property buying process take?

The process can vary but typically takes four to twelve weeks, including due diligence, drafting contracts, and completing registration at the Land Registry.

What taxes must I pay when buying property in Málaga?

Buyers pay Transfer Tax or VAT (for new builds), Stamp Duty, and notary and registration fees. Sellers may be liable for Plusvalía tax and Capital Gains Tax.

Is it mandatory to use a notary?

Yes, signing the public deed before a Spanish notary is required to complete the legal transfer of property ownership.

Can foreigners buy property in Málaga?

Yes, there are no restrictions on foreign ownership, but buyers must obtain a NIE (Foreigner’s Identification Number) for legal and tax purposes.

What is ‘due diligence’ in conveyancing?

Due diligence is the legal review of documents and checks to ensure the property is legally owned by the seller, free of debts, and there are no legal issues affecting the title.

What happens if debts are attached to the property?

Debts such as mortgages or unpaid taxes are transferred with the property. A lawyer ensures these are settled before or at the time of purchase to avoid future liabilities.

What is the role of the Land Registry?

The Land Registry records the legal owner of the property and any mortgages or encumbrances. Registration of the new owner after purchase is crucial for legal protection.

Is a deposit required, and is it refundable?

Typically, a 10 percent deposit is paid when the reservation contract or private contract is signed. The deposit may be lost if the buyer withdraws without a valid contractual reason.

Additional Resources

For further assistance with conveyancing in Málaga, the following resources may be helpful:

• Registro de la Propiedad: Local Land Registry offices provide official records of property ownership and legal status.
• Colegio de Abogados de Málaga: The Málaga Bar Association lists qualified local lawyers specializing in conveyancing and real estate law.
• Notaries in Málaga: Notarial offices can provide guidance on the signing of public deeds and legal requirements.
• Conserjería de Justicia y Administración Pública de la Junta de Andalucía: The regional authority overseeing legal matters in Andalusia, including guidance on real estate transactions.
• Spanish Tax Agency (Agencia Tributaria): For information on property taxes and fiscal obligations.

Next Steps

If you are considering a property transaction in Málaga, it is strongly recommended to seek legal advice before making any commitments or payments. Contact a qualified conveyancing lawyer who is familiar with both Spanish and Andalusian property laws. Prepare your personal documentation, such as your passport, NIE, and proof of funds. Discuss your objectives and potential concerns with your lawyer, who can then conduct due diligence, draft or review contracts, and represent your interests at every stage of the transaction. Proper legal guidance is crucial to ensure a smooth, secure, and compliant property transfer in Málaga.