Legal Requirements
Legal Requirements for Buying Property in Spain | Foreign Buyers 2026
NIE number, solicitor fees, notary process, transfer tax. Complete legal checklist for foreign buyers purchasing Spanish property.
What You Need
Four Legal Essentials
Every foreign buyer needs an NIE number, a solicitor, a Spanish bank account, and a notary appointment. The process typically takes 8-12 weeks from offer to keys.
Typical Timeline (Weeks)
Step 1
NIE Number — Your Essential ID
The NIE (Número de Identificación de Extranjero) is your Spanish tax identification number. It's required at every stage of the buying process—from signing contracts to paying taxes.
You can apply at a Spanish National Police station, at a Spanish consulate in your home country, or through a solicitor with power of attorney. Get this early—it takes 1-4 weeks and delays everything if you don't have it.
Practical
Spanish Bank Account
While not legally mandatory, a Spanish bank account is practically essential—not just for the purchase, but for life in Spain. You'll need it for mortgage payments, utility bills, community fees, and local taxes.
Many service providers require a Spanish bank account to set up electricity, water, and internet. Most major banks offer non-resident accounts with English-speaking staff. Setup is quick—bring your passport, NIE, and proof of address.
Step 2
Your Solicitor (Abogado)
Your solicitor stays with you long after the purchase—handling annual tax filings, utility contracts, and any legal questions for years to come.
We work with solicitors who handle 50+ international purchases per year. They know the process, the pitfalls, and the paperwork. Questions? Ask us or speak directly with our solicitor partners.
The Private Contract
Once due diligence begins, you'll sign a reservation agreement followed by a Contrato de Arras (deposit contract). This typically requires a 10% deposit and legally binds both parties. Your solicitor must review everything before you sign or pay.
Step 3
The Notary Signing
All property purchases in Spain must be formalised in front of a notary—a public official who ensures the legality of the transaction. The notary verifies identities, confirms compliance with Spanish law, reads and signs the Title Deed (Escritura), and ensures taxes are paid correctly.
Important: The notary does NOT perform due diligence. That's your solicitor's job. The notary is a neutral official, not your representative.
"Having an independent solicitor was the best decision we made. She caught issues we never would have spotted ourselves."
Step 4
Taxes You Must Pay
Budget 10-14% on top of the purchase price for taxes and fees. The specific taxes depend on whether you're buying new-build or resale.
| Cost | Resale | New Build |
|---|---|---|
| Transfer Tax / VAT | 8-10% | 10% |
| Stamp Duty | — | 1-1.5% |
| Notary | €600-1,200 | €600-1,200 |
| Land Registry | €400-900 | €400-900 |
| Solicitor | ~1% + VAT | ~1% + VAT |
| Total | 10-13% | 12-14% |
Additional Fees
On top of taxes, budget for notary fees (€600-1,200), Land Registry (€400-900), and solicitor fees (~1% + VAT or fixed €1,500-3,000). These are the same for resale and new-build.
Calculate your total costs before making an offer.
Optional
Power of Attorney
If you're not in Spain full-time, a Power of Attorney (POA) allows your solicitor to act on your behalf. This simplifies the process and avoids unnecessary travel. With POA, your solicitor can obtain your NIE, sign contracts, open a bank account, and attend the notary signing for you.
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