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TOMAS  BALLESTERO LAWYERS
Office in Javea, serves Real, Spain

Founded in 1992
5 people in their team
English
French
Spanish
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 title, planning status and taxes before signing in Real

Buying property in Real, in Valencia province, involves more than signing a deed. A lawyer can check the seller’s title, debts recorded against the property, planning status and the terms of any private sale contract.

Local checks matter because properties may be in an urban or rural area, with different planning rules and permitted uses. The municipality can confirm relevant planning information, while the Land Registry and Cadastre provide separate records that should be compared with the property and sale documents.

In a typical purchase, the buyer arranges finance if needed, signs a public deed before a Spanish notary, pays the applicable taxes and registers ownership. A notary formalises the deed and acts impartially; a lawyer advises and represents the buyer or seller.

When a property lawyer can protect your interests

  • Before paying a reservation deposit: A lawyer can review the reservation or deposit agreement, clarify whether withdrawal is possible and identify deadlines or penalties.

  • When registry and property details differ: Differences in boundaries, floor area, ownership or use between the Land Registry, Cadastre and sale documents may need investigation or correction.

  • When buying rural property: A lawyer can check planning classification, permitted use, access and whether buildings or extensions have the required status and permissions.

  • When buying a newly built home: Legal checks can cover the developer’s authority to sell, building and occupancy documentation, payment protections and the terms of the deed.

  • When using a mortgage or buying from abroad: A lawyer can review mortgage documents, coordinate signing arrangements and help check identification and tax requirements, including obtaining a NIE where needed.

  • When a property has tenants, co-owners or unpaid charges: Legal review can establish who must consent to the sale and whether leases, community charges or other liabilities affect completion.

Spanish and Valencian rules affecting a purchase in Real

Spanish Civil Code (Código Civil): This sets out general rules for contracts and sales, including obligations between seller and buyer. A private sale agreement can create binding obligations before the public deed is signed.

Law 5/2019 of 15 March regulating real estate credit contracts: In force from 16 June 2019, this law governs many mortgage loans to individuals. It includes lender information and notarial advice requirements before the mortgage deed is signed.

Legislative Decree 1/2021 of the Consell: This approved the revised text of the Valencian Community’s land-use, urban planning and landscape legislation. Its rules, as amended, are relevant when checking a property’s planning status and permitted use in Real.

Frequently asked questions

Is hiring a property lawyer compulsory when buying in Real?

No general rule requires a buyer to hire a lawyer for a standard purchase. A lawyer can provide independent advice on the contract, title, planning and tax position, while the notary has a separate and impartial role.

What checks should be completed before I sign a deposit agreement?

Check the seller’s ownership, the property description, registered charges, planning position and the deposit agreement’s deadlines and withdrawal terms. Do not assume a deposit is refundable; the result depends on the contract wording and applicable rules.

What is the difference between the Land Registry and the Cadastre?

The Land Registry records ownership and certain rights or charges, while the Cadastre is an administrative record used mainly for property identification and taxation. Their descriptions can differ, so the documents should be checked against the property and each other.

How long does a property purchase in Real take?

A straightforward purchase may take several weeks, but there is no fixed completion period for every transaction. Mortgage approval, title or planning issues, missing documents and agreed contract deadlines can extend the process.

What taxes may apply to a property purchase?

A resale purchase generally involves transfer tax, while a qualifying new home purchase generally involves VAT and stamp duty. The applicable amount depends on the property and buyer’s circumstances, so confirm current Valencian Community rules before completion.

How much does a property lawyer cost?

Legal fees are generally agreed with the lawyer and can depend on the transaction’s value, complexity and scope of work. Request a written quote stating what is included and whether VAT, notary costs, registry fees and taxes are separate.

Can a non-Spanish resident buy property in Real?

Yes, non-residents can generally buy property in Spain. Buyers usually need a Spanish tax identification number, such as a NIE, and should confirm identity, tax and signing requirements with their lawyer before committing.

Do I need a lawyer if I already have a notary?

A notary is required to formalise the public deed in the usual purchase process, but does not act solely for the buyer. A buyer’s lawyer can conduct due diligence, negotiate contract terms and advise on risks before the signing.

Can I buy a rural property in Real and use it as a home?

That depends on the property’s planning classification, authorised use and any applicable restrictions. Check the municipal planning position and the property’s records before signing, particularly if the building has been extended or converted.

What happens if the property has a mortgage or another charge?

A charge should be identified before completion and dealt with in the transaction documents. The lawyer can confirm the steps for cancellation or payment and check that the deed and registration reflect the agreed arrangement.

Does the sale deed itself register me as the owner?

The public deed records the sale, but ownership registration is a separate step at the relevant Land Registry. Registration is important for public notice and protection of the buyer’s registered rights.

Official resources for property checks in Real

  • Ayuntamiento de Real: Contact the town council for municipal planning information, local procedures and relevant property-related municipal charges.

  • Generalitat Valenciana: Consult the Valencian Community’s official information on regional taxes and planning rules that may affect a purchase.

  • Colegio Notarial de Valencia: This official notarial body provides information about notarial services and can help locate a notary serving the area.

Steps to find and hire a property lawyer

  1. Define the work needed: Identify whether you need a title review, planning checks, contract advice, mortgage review or full assistance through registration. Do this before paying a deposit where possible.

  2. Shortlist lawyers who handle Spanish property transactions: Look for someone familiar with Valencia province and able to communicate clearly in your preferred language. Check professional registration with the relevant bar association.

  3. Arrange an initial discussion within a few days: Ask how the lawyer will check the Land Registry, Cadastre, municipal planning position, charges and taxes for this specific property.

  4. Request a written fee proposal before instructing: Confirm the work included, the fee basis, VAT and likely additional costs. Ask who will handle deadlines and communicate with the seller, notary and lender.

  5. Provide documents promptly: Share the draft contract, property details, seller information and any mortgage offer. Ask the lawyer to identify missing documents and urgent deadlines before you sign or transfer money.

  6. Complete the checks before the deed: Review the lawyer’s findings and resolve outstanding issues or agree how they will be handled in the contract. After signing, confirm arrangements for tax payment and Land Registry filing.

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Disclaimer:

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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