Best Conveyancing Lawyers in Spain

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TEKCE VISA
Málaga, Spain

Founded in 2019
25 people in their team
English
Turkish
Spanish
Chinese
Russian
French
Persian
Arabic
Polish
Swedish
Dutch
German
Real Estate Conveyancing Real Estate Due Diligence +7 more
TEKCE VISA: International Legal Consultancy for Your New Life AbroadAt Tekce Visa, we understand that starting a new life abroad is more than just acquiring property-it's about building a new future. Our team of experienced lawyers provides comprehensive legal consultancy services, ensuring a...
MBM abogadas
Logroño, Spain

3 people in their team
English
MBM Abogadas Logroño is a law firm based in Logroño, La Rioja, with more than 25 years of experience delivering multidisciplinary legal services to individuals and businesses. The firm is led by a close-knit team of three experienced lawyers, Marta Villar Martínez, Beatriz Olmeño Lopes, and...
Díaz - Saavedra & Yánez Abogados
Las Palmas de Gran Canaria, Spain

Founded in 1925
5 people in their team
English
Díaz - Saavedra & Y¡ánez Abogados is a landmark law firm based in Las Palmas de Gran Canaria, Spain, with a broad practice that spans civil, labor, commercial, insolvency, real estate and private client matters. Established in 1925, the firm combines deep local knowledge with practical guidance...
Intra Legal Abogados
Salamanca, Spain

English
Intra Legal Abogados is a Spain-based law firm that specializes in accident indemnifications and insurance related matters. The team is formed by independent professionals with more than twenty years of experience who have resolved thousands of cases to clients' satisfaction.Across Spain, Intra...

Founded in 1995
9 people in their team
English
Dámaso Abogados y Asesores is a multidisciplinary Spanish law firm serving Las Palmas and Telde, offering services across civil, mercantile, administrative, labor and penal law. The firm is recognized for its practical, outcomes oriented advice to businesses and individuals, combining professional...
AG Lawyers & Associates
Estepona, Spain

English
AG Lawyers & Associates is a Marbella based real estate law practice led by Álvaro Gómez. The firm leverages deep local market knowledge to guide Spanish and international clients through the process of purchasing, selling or investing in property on the Costa del Sol. Its services encompass...
Fides Legal Services
Estepona, Spain

3 people in their team
English
Fides Legal Services is a boutique law firm based in Estepona on the Costa del Sol, Spain. The practice is led by founder Jasmin Spin, who built the firm after gaining extensive experience at a Marbella law firm, and the team includes Ana Gil and Sara Silva who support clients across their real...
Puerto del Rosario, Spain

Founded in 2015
English
ABOGADOS FUERTEVENTURA NOEMÍ MOLINERO is led by Noemí Molinero Payueta, a lawyer licensed in law by the University of Deusto with more than 25 years of professional experience. The practice operates across two locations, at Cuchillería, 15 - 1º B, Vitoria-Gasteiz, and at C/ Secundino Alonso 84,...
Lexlite Abogados
Marbella, Spain

Founded in 2015
12 people in their team
Spanish
English
French
German
Russian
LEXLITE Abogados, is an independent law firm based in Marbella, Spain specialized in providing success-oriented legal services.Our capacity for innovation and depth in the analysis of the law consolidate us as one of the most prestigious firms on the Costa del Sol. Unlike other law firms, LEXLITE...

Founded in 1999
50 people in their team
Spanish
English
A GERMAN-SPANISH COLLABORATION FOR YOUR SUCCESS IN SPAINSINCE OUR FOUNDATION IN 1999, OUR FOCUS HAS BEEN PRIMARILY ON LEGAL CASES WITH A GERMAN-SPANISH CONNECTION.Our working philosophy is to identify the legal problems together with our clients, to work out different approaches to solve them and...
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About Conveyancing Law in Spain

Conveyancing in Spain refers to the legal processes involved in transferring the ownership of property or real estate from one person to another. This process is a crucial step in buying or selling property and ensures all legal requirements are met before the ownership is officially transferred. The procedure is strictly regulated and involves numerous legal checks and documentation, including contracts, ensuring the property is free of charges, and registration with the Land Registry. Whether the transaction involves a home, commercial property, or land, conveyancing ensures your investment is legally secure.

Why You May Need a Lawyer

Although it is possible to handle some property transactions without a lawyer in Spain, legal assistance is highly recommended due to the complexity of local laws and procedures. Common situations where legal help may be required include:

  • Purchasing or selling property, especially for non-residents or foreigners unfamiliar with the system.
  • Ensuring the property has no outstanding debts, liens, or legal problems.
  • Reviewing and drafting contracts to protect your interests.
  • Assisting with the negotiation of terms between the buyer and seller.
  • Navigating issues with property boundaries, registration, or planning permission.
  • Managing the transfer of title at the Land Registry and payment of taxes.
  • Resolving disputes or complications during or after the transaction.

Hiring a lawyer can help avoid costly mistakes and ensure the process is completed smoothly and legally.

Local Laws Overview

Spain’s property laws can be quite distinct, especially compared to those in other countries. Here are some key aspects:

  • Land Registry: All property transfers must be registered in the local Land Registry, which makes the transfer official and helps prevent fraud.
  • Deposit Contract (Contrato de Arras): This is a preliminary contract signed after agreeing on the main terms of the sale. Both parties are legally bound and a deposit is paid, usually 10 percent.
  • Legal Checks: Due diligence is critical. Checks must be made on ownership, debts, building permits, property status, and whether the property has a first occupancy license.
  • Notary Public: A notary must witness the deed of sale, confirm the identities of all parties, and make sure the deed is compliant with the law.
  • Transfer Taxes: Taxes such as Property Transfer Tax (ITP), Value Added Tax (IVA) for new properties, and Stamp Duty (AJD) must be paid.
  • Foreign Buyers: Non-residents must obtain a Spanish tax identification number (NIE) and open a Spanish bank account to process the purchase and related payments.
  • Urban vs. Rural Laws: There are different regulations concerning properties in urban and rural areas, especially regarding land classification and usage.

Frequently Asked Questions

What is the role of a notary in Spanish conveyancing?

The notary acts as an impartial public official who verifies all parties’ identities and ensures the deed of sale is legally correct. The notary also submits the signed deed to the Land Registry.

Do I need to be in Spain to buy or sell a property?

No, you can appoint a lawyer as your legal representative by granting them power of attorney to handle the purchase or sale on your behalf.

What checks should my lawyer perform before I buy?

A lawyer should check land registry details, verify title, ensure no debts or charges exist, confirm building permits and habitability certificates, and check compliance with planning regulations.

How long does the conveyancing process take in Spain?

The process typically takes between 6 to 12 weeks, depending on the legal situation of the property and the efficiency of the parties involved.

What are the main costs involved?

Costs include legal fees, notary fees, Land Registry fees, transfer taxes, and potentially mortgage arrangement fees if financing is involved.

Can I buy property in Spain as a non-resident?

Yes, non-residents can buy property in Spain, but they must obtain a Spanish tax identification number (NIE) and fulfill all legal requirements.

What is an 'Arras' contract and why is it important?

An 'Arras' contract is a deposit agreement that outlines the terms of sale and secures the transaction with a deposit, usually 10 percent of the purchase price. If either party withdraws, penalties may apply.

What happens if there are debts on the property?

Debts such as mortgages, unpaid taxes, or community fees remain attached to the property. Your lawyer should ensure these are settled before or at completion.

Do I need to pay taxes on property purchases?

Yes, buyers are responsible for paying property transfer tax (ITP) on secondhand homes or VAT on new properties, as well as stamp duty and registration fees.

Can a property purchase fall through after signing?

After the deposit contract, withdrawal often results in penalties. After signing the final deed, the legal transfer is binding and can only be undone under exceptional circumstances.

Additional Resources

If you need more information or wish to seek assistance, the following resources can be helpful:

  • General Council of Spanish Lawyers (Consejo General de la Abogacía Española): Offers a directory of qualified lawyers throughout Spain.
  • Spanish Land Registry (Registro de la Propiedad): Official registry for property ownership and transfers.
  • Notaries of Spain (Notariado de España): Information on notarial procedures and a search tool for local offices.
  • Spanish Ministry of Justice (Ministerio de Justicia): Provides legal guides and official forms.
  • Locally based English-speaking law firms: Many international buyers will benefit from contacting firms specializing in conveyancing for foreigners.

Next Steps

If you are considering buying or selling property in Spain and need legal assistance:

  • Identify a qualified, independent lawyer who specializes in Spanish property law and understands your language and needs.
  • Request a detailed fee quote and confirm the services provided.
  • Gather all documents related to the property for review, including past deeds, taxes, utility bills, and planning permissions.
  • If you cannot attend in person, arrange power of attorney so your lawyer can act on your behalf.
  • Stay in regular communication with your lawyer, notary, and real estate agent to ensure transparency and avoid misunderstandings.

Seeking the guidance of a professional will help you navigate the Spanish conveyancing process smoothly and effectively, reducing risks and ensuring your property transaction is secure.

Lawzana helps you find the best lawyers and law firms in Spain through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Conveyancing, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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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.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.