The buying process. General information

WHERE AND WHAT TO BUY ON THE COSTA BRAVA?

Buying Procees location assessment

Deciding where and what to buy on the Costa Brava is a significant choice that only you and your family can make. It’s not an easy decision, and you shouldn’t let anyone pressure you into it. This is a deeply personal matter, but at the same time, it involves a substantial financial investment. A clear, rational perspective will be just as important as your emotions in making the right choice.

Do you already know the area? Have you spent holidays there and are certain this is the place for you? What is your budget? Are you looking for an apartment, a villa, or a rustic property? Do you prefer a beachfront location, a hillside retreat, or a home in the countryside? Would you rather live in a bustling city or a charming small town? Keep in mind that temperatures can vary significantly across the Costa Brava—does this factor into your decision?

When searching for a property, the internet will be an invaluable tool. Hundreds of real estate agencies are eager to assist, offering thousands of listings for you to explore and compare.

NIE NUMBER – TAX REGISTRATION – BANK ACCOUNT – POWER OF ATTORNEY

Buying process legal support

Now that you’ve found your new home, the most crucial part of the process begins. Below, you’ll find a simple outline of the steps involved in the purchasing procedure.

The first step is to hire a lawyer to protect your interests and guide you through the process. Foreign embassies strongly advise their citizens to seek legal assistance—not only to avoid potential fraud but also to have a trusted point of contact whenever questions arise. This is the only way to invest your money with confidence and truly enjoy the purchase.

To proceed, you will need a NIE (Número de Identificación de Extranjero), which will serve as your identification in Spain for the duration of your stay. This number is essential for paying taxes and handling any official or legal matters. Therefore, obtaining it is your first step. You will also need to complete your Tax Registration (Alta Fiscal).

There are two ways to obtain these documents, either schedule an appointment at the Spanish embassy or consulate in your home country and request them free of charge or process them in Spain through a Gestor, which involves small additional costs per NIE application, but includes Tax Registration that the first method cannot offer you .

You’ll need to be in Spain to open a BANK ACCOUNT, so at the same time you could apply for your NIE and Tax Registration. You will need a Spanish bank account, not only to pay for the property but also to cover taxes associated with the purchase, utility bills (electricity, water, gas, internet, etc.), and community fees (if applicable)

If you choose to grant your Lawyer a Power of Attorney (POA) to represent you in the transaction, the process becomes significantly easier. You would only need to travel and stay for a single morning, during which I can coordinate and finalize all three essential steps: NIE application, bank account setup, and POA execution. Everything can be completed in just 4 to 5 hours.

RESERVATION DEPOSIT

Buying process legal advice

Once your offer for the property has been accepted, you will be required to pay a deposit—typically 10% of the final price—to reserve the property and sign a deposit contract. In Catalonia, this is known as an “Arras Contract.”

However, it is crucial that you do not sign or pay anything until your lawyer has thoroughly reviewed all the documentation. You could become legally bound to a purchase that you later regret, especially after legal searches have been conducted, and recovering any money already paid might be difficult.

Your lawyer will ensure that the contract protects your rights and includes all the seller’s obligations. In many cases, what is missing from a contract is more important than what is included.

As part of their due diligence, your lawyer will:

  • Verify that the seller is the legal owner of the property.
  • Conduct a Land Registry search to confirm ownership and legal status.
  • Ensure that the property is free of debts, encumbrances, or unpaid mortgages.
  • Confirm that the building is legally registered and complies with regulations.

Many different charges or debts from previous owners could still be tied to the property, and it is your lawyer’s job to ensure that there are no unpleasant surprises.

Important financial considerations

Before proceeding with the deposit payment, make sure that you have access to the necessary funds for the full purchase price. If you are applying for a mortgage, ensure that your lender has given you a formal offer in principle. Otherwise, you risk losing your deposit.

Unlike in the UK, lawyers in Spain do not handle client funds in their bank accounts. In the past, buyers often paid the 10% deposit directly to the seller, which led to problems if the transaction fell through.

To prevent such issues, the government now requires real estate agents to hold deposits in a secure account covered by insurance, ensuring your money is protected. Alternatively, funds can be deposited into a Notary’s escrow account, though this option involves additional costs.

COMPLETION

Buying Pocess Deed Advise

The real estate purchasing process in Spain is fast and efficient. If you are buying in cash, you can become the legal owner of the property in as little as 2 to 3 weeks.

The final payment is made at the moment of taking possession of the property, and this transaction is formally recorded in the Notarized Purchase Deed (Escritura de Compraventa), which is signed before a Public Notary. Afterward, the deed is submitted to the Land Registry, ensuring that your ownership is officially registered and protected indefinitely.

In Spain, property payments are typically made via a Bank Cheque, issued directly by a bank, ensuring that the funds are immediately available. At the notary’s office, you will hand over the cheque, the seller will give you the keys, and—just like that—you will officially be the new owner!

Costs & Taxes

  • 10% Purchase Tax (slightly higher if the property is brand new)
  • Notary & Land Registry Fees: Approximately €2,000 – €2,500, (Will of course depend on the price of the property)

If you grant a Power of Attorney (POA), your representative will be able to complete the purchase on your behalf, meaning you won’t need to travel again. Everything will be handled efficiently, ensuring a smooth and hassle-free process.

INSURANCE

Buying Process Insurance Assesstment

It is highly recommended that you arrange insurance coverage for both the building and its contents from the moment of completion.

If you are obtaining a mortgage, property insurance is a mandatory requirement set by the lender. Ensuring proper coverage will protect your investment and provide peace of mind.

PAYMENT OF TAXES

Buying process tax advise

The relevant taxes—VAT (IVA) for a new property or Transfer Tax (ITP) for a resale property—must be paid at the Notary’s office when you officially become the owner.

After signing the Purchase Deed (Escritura de Compraventa), all applicable taxes must be settled before the deed can be submitted to the Land Registry for official inscription.

This is one of the most crucial stages of the purchase, as registering the property in your name as soon as possible is essential to protect your ownership rights.

A couple of months later, the Notary will notify you to collect the definitive Deeds, which will include proof that all taxes have been paid. And that’s it! Your property ownership is now fully secured.

WILLS

Although having a Spanish Will is not legally required, I strongly recommend it if you own assets in Spain. Spanish inheritance law is complex and differs significantly from English law.

While a valid British Will can technically be used in Spain, the process requires obtaining a Grant of Probate, which must be officially translated and apostilled. This lengthy and expensive procedure can cause unnecessary delays and complications for your heirs.

Considering that Notary costs for drafting a Spanish Will are only around €70, it makes absolute sense to avoid potential future legal issues by having one in place.