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Free Guide to Hiring a Real Estate Lawyer
Conveyancing in Maspalomas follows Spain's national framework for transferring real estate ownership. The process hinges on a formal escritura publica (public deed) signed before a notary and later registered in the Registro de la Propiedad. Title checks, charges, and due diligence are essential before you commit to a purchase or sale.
In practice, a buyer works with a legal counsel to verify title, ensure there are no encumbrances, and confirm that all taxes related to the transfer are accounted for. The notary public certifies the legality of the deed, while the property registry records the new owner and any associated charges. This sequence protects both buyers and sellers from unexpected liabilities.
For Spanish property transactions, the notary's public escritura is mandatory and the Registro de la Propiedad is the official record of ownership and encumbrances. Notariado.org
The Registro de la Propiedad preserves the official record of property rights and any cargas affecting a property. Registradores.org
Key considerations for Maspalomas residents and buyers include due diligence on urban planning status, building permissions, and potential local taxes. Foreign buyers often need a NIE (Número de Identidad de Extranjero) and may require guidance on non resident taxation and residency implications. Working with a qualified Spanish lawyer or solicitor helps navigate these requirements accurately.
Buying a property with existing debt or charges? A lawyer coordinates a title search, orders a Nota Simple from the Registro de la Propiedad, and verifies there are no active mortgages or liens. This avoids discovering a hidden encumbrance after you sign the escritura.
Purchasing as a non-resident in Maspalomas? A solicitor helps set up your NIE, reviews tax obligations, and ensures you understand non resident sale and purchase procedures. They can also advise on currency transfers, tax filing, and reporting requirements.
Dealing with inherited property or multi owner titles? A conveyancing attorney assesses ownership rights, resolves potential co ownership disputes, and secures clear title before any transfer. This reduces the risk of later claims from other heirs or co owners.
Buying new construction or off plan property? A lawyer reviews the developer's approvals, tracks construction progress, and confirms warranties and completion dates. They also verify permits and ensure the project complies with local PGOU rules.
Seller side or complex sale scenarios require expert help to calculate capital gains implications, confirm tax clearance, and manage the flow of funds. A solicitor can structure the transaction to minimize risk and align with local practice.
Property transfers with potential planning or urbanism issues? A lawyer investigates zoning, building permits, and any pending municipal actions that could affect ownership or use. This reduces the chance of post sale disputes or renegotiation needs.
Spanish property conveyancing is grounded in the Civil Code alongside specific land and mortgage regulations. The core framework includes the general principles of title, ownership, and transfer of rights, as well as the formalities required for valid transacting documentation.
Texto Refundido de la Ley Hipotecaria governs mortgage rights, title inscription, and how encumbrances are recorded in the Registro de la Propiedad. The consolidated text was enacted as a real decree legislative in 1998 and updated since to reflect evolving practice. This law underpins how property titles are secured and transferred.
Ley de Jurisdiccion Voluntaria (Ley 15/2015, de 2 de julio) modernizes certain aspects of notarial and judicial proceedings in voluntary jurisdiction matters, including the formalities around property deeds and document authentication. It shapes how private agreements can be validated and moved toward public instruments.
Código Civil (Codigo Civil) is the broader civil code governing ownership regimes, contracts, and transfer of real property. It provides the foundational rules for property rights, co ownership, and acquisition through prescription or contract. These rules interact with registry and notarial requirements during a Maspalomas conveyance.
For guidance on how these regimes apply in the Canary Islands and Spain more generally, see the official resources of the regional government and professional bodies. Gobierno de Canarias
Conveyancing is the legal process of transferring ownership of real estate. It ensures title integrity, checks for encumbrances, and governs the formal steps with the notary and registry. You need it to avoid hidden debts and to secure your property rights.
Begin with a clear budget and a property brief. Engage a Spanish lawyer or solicitor, obtain the Nota Simple, and review the title before making an offer. The process progresses to signing the escritura with a notary and then registration.
Hire early in the process, ideally before negotiating with the seller. Early advice helps verify title, calculate taxes, and draft protective clauses in the offer or private contract.
You verify titles at the Registro de la Propiedad. A Nota Simple summarises the current ownership and any charges. Your lawyer can obtain this on your behalf.
The PGOU sets zoning, building permissions, and land use. If a plan restricts use or enables future development, it can affect the property value or usability. A lawyer checks compliance before purchase.
Yes. Non residents can buy property with proper documentation and a NIE. A lawyer can manage types of taxes, residency implications, and ensure compliance with Spanish anti money laundering rules.
Private contracts like a arras agreement can secure the deal, but they should be drafted with care. A solicitor ensures clauses protect your interests and avoid enforceability issues.
Yes. Buyers typically incur transfer taxes or VAT plus AJD on the deed. An attorney can calculate and advise on the exact tax treatment for your situation.
Typical timelines range from 1 to 3 months for a standard resale transaction, depending on due diligence, financing, and notarial scheduling. Some steps may extend longer in practice.
Expect a passport or NIE, proof of address, financial proof, property details, the Nota Simple, and any previous deeds. Your lawyer will provide a tailored checklist.
Yes. The escritura must be signed before a notary to be legally valid and to enable registration in the Registro de la Propiedad.
