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...

Founded in 1993
3 people in their team
English
Bufete Iglesias, led by María Jesús Iglesias García, is a Salamanca-based law firm with a long-standing focus on family law and comprehensive legal services. The firm handles matrimonial matters, separations and divorces, successions and inheritances, property-horizontal issues and traffic and...
Almar Lawyers
Ibiza Town, Spain

English
Almar Lawyers, based in Ibiza's central square, Vara de Rey, is a distinguished law firm founded by Ibizan natives Alejandro Bonet Templeton and Nadine Schröder. With extensive experience in major law firms across the Balearic Islands and mainland Spain, they established Almar Lawyers to...
Pereira Abogados Fuengirola
Fuengirola, Spain

English
Pereira Abogados Fuengirola is a Costa del Sol law firm located between Fuengirola and Mijas, offering broad legal services across Spain and handling matters in all the courts of the country. The firm presents itself as a trusted partner for individuals and businesses seeking comprehensive legal...
Daemi Zabalza & Asociados
Marbella, Spain

English
Daemi Zabalza & Asociados is a Marbella-based law firm known for focused work in immigration and employment law, supported by complementary tax, accounting and administrative advisory services under one roof. The team assists a large international client base and coordinates practical needs such as...
Teresa Rodriguez Juan
La Baneza, Spain

English
Teresa Rodríguez Juan is a distinguished procuradora de los tribunales, offering specialized legal representation in the judicial districts of León, La Bañeza, Astorga, Ponferrada, Zamora, Benavente, Puebla de Sanabria, and Toro. With a comprehensive understanding of procedural law, she ensures...

Founded in 2010
50 people in their team
Spanish
English
Lawyers in SevilleLaw firm in Seville Etayo y Díaz del RioA law firm in Seville with more than 35 years of experience offering all types of legal services and the defense of the rights of our clients.All free consultationsWe serve you in our office, each case requires maximum dedication.Closed...
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...
CHACÓN ABOGADOS
Estepona, Spain

Founded in 2000
English
Chacón Abogados is a Cordoba and Cabra based law firm in Spain, founded in 2000. The firm operates as a multidisciplinary practice with a team of professionals offering modern legal services to individuals and companies across Andalusia. It is committed to delivering effective and affordable legal...

Founded in 1995
English
Established in 1995 by Andalusian attorney Miguel Manzanares, Manzanares Abogados - Lawyers has grown from a modest two-room office in Alhaurín el Grande to a prominent international law firm with offices in Marbella, Ibiza, and Alhaurín el Grande. Over the past three decades, the firm has...
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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.