Buying a property in Spain is a dream for many UK residents. With over 300 days of sunshine per year, excellent transport links, and attractive prices compared to the UK, Spain has become one of the most popular destinations for British property buyers.
But along with the excitement, there is also a very common question: Do I really need a lawyer to buy a property in Spain?
The short answer is: it is not legally mandatory, but it is highly advisable. In this guide, we’ll explain exactly why, how much lawyers charge, and what you should look out for as a UK buyer.
Is a Lawyer Mandatory When Buying Property in Spain?
In Spain, it is not compulsory by law to hire a lawyer when buying a property. Technically, you could carry out the process yourself, with the notary only certifying the transaction.
However, the notary’s role is limited: they do not perform due diligence, nor do they protect your personal interests. This is where a lawyer becomes essential.
Without proper legal checks, you risk:
- Buying a property with hidden debts, charges or encumbrances.
- Purchasing a home built without the correct planning permissions.
- Losing your reservation deposit in case of disagreement with the seller.
Why UK Buyers Should Hire a Lawyer specialized in real estate law
For British buyers, the Spanish property market can feel unfamiliar. Laws, taxes, and procedures differ significantly from the UK system.
A specialised property lawyer will:
Check the Legal Status of the Property:
- Gathering all the legal documentation.
- Carrying out a legal audit, ensuring the property is free of debts, charges or mortgages.
- Confirming the sellers is the legitimate owner.
- Verifying there are no legal procedures against the property.
Draft and Review Contracts:
- Reviewing or drafting the reservation contract, making sure its clauses protect your interest.
- Reviewing the public deeds of purchase that the Notary Public drafts.
- Translating the contracts to English so you can read them and discuss its content.
Protect Your Deposit and Rights:
- Although its common for the reservation deposits to be paid to the sellers account, your lawyer can offer his client account to safely keep the deposit until the day of the purchase.
- Advising you during the process, and defending your rights against the selling party when any problem arises.
Dealing with al post-purchase bureaucracy:
- Informing all legally binding public or private institutions about the new ownership.
- Registering your new property under your name in the Property Registry.
- Dealing with all tax declarations, and managing their safe payment.
- Helping to hire the facilities of the property: electricity, water, internet.
How Much Do Lawyers Charge in Spain for Property Purchases?
Legal fees are usually around 1% of the property price + VAT, although this can vary slightly depending on the law firm and the complexity of the case.
Example: For a €300,000 property, expect to pay around €3,000 in legal fees.
This is a small cost compared to the potential financial risks of buying without proper legal protection, especially considering that your lawyer is the only professional truly and solely looking after your interests in the transaction.
How to Choose a Reliable Property Lawyer in Spain
When selecting your lawyer, make sure they are:
- Independent from the seller.
- Bilingual in English and Spanish.
- Specialised in property and conveyancing law.
- Transparent about their fees and services from the start.
- Well regarded.
Final Word: Buying a Property in Spain? Get Legal Help Today
Hiring a lawyer is not just a formality, it is your best protection against costly mistakes. While the notary certifies the sale, only a lawyer will actively defend your interests throughout the process.
If you are a UK buyer considering purchasing a property in Spain, especially in Marbella or along the Costa del Sol, our bilingual law firm can guide you every step of the way.
Contact us today for a free initial consultation and make your Spanish property purchase smooth, safe, and stress-free.
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