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Last Updated on 28/06/2023 by STEPHANE

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The legal checklist of your Spanish property

Why do you need a Spanish lawyer or tax adviser?

Here are some of the main works carried out by your Spanish lawyer before the purchase of your dream property in Spain.

You should pay attention: the laws are changing all the time and are specific for each of the Spanish autonomous regions. That is why at howtobuyinSpain.com we work only with local independent lawyers who specialise in Spanish land laws and Spanish Tax laws. Of course, our local lawyers speak many languages and are used to working with foreigners.

This article was written with the help of many of our local lawyers. The only goal of this article is to help you to understand this subject but we advise you to meet a lawyer to discuss this further. If you don’t have one, howtobuyinSpain.com works with many partners all over Spain, don’t hesitate to ask us for help.

Of course we all dream of those beaches…

Cala Agulla is a beach in Majorca in the Balearic Islands. From our article: “Everything you want to know about the Balearic Islands”.

But before that, stay with your feet on the ground.

Independent lawyers and tax experts: Why do you need an independent local legal partner?

Independent means that they work to protect your interest, not the one of the real estate agent or the one of the developer.

Buying a property in Spain has some costs, a good start on this subject is the article we wrote: What is the real cost of buying your Spanish Property?

Of course, owning a property in Spain has some costs as well, we wrote another article to help you guess what will be your yearly running costs What is the real cost of owning your Spanish property?

Before buying your property, it is important to know your motivations, to know where you are searching, what are your criteria’s, and to do your market research,… Have a quick look at our checklist: Our top 10 pieces of advice for buying your property in Spain, that could be helpful to start your property search in Spain efficiently.

Buying a property in Spain is easy as we described here The 9 steps to your Spanish Property but there could be many pitfalls.

In this article, we will explain to you why you shouldn’t acquire a property in Spain without the assistance of a local independent lawyer.

The structure of this extensive article covers the legal and tax aspects of property acquisition in Spain:

This introductory paper: Why do you need independent legal and tax partners for your property acquisition in Spain?

Part I. Buying a property in Spain: Is a Spanish Notary enough?

• Why an independent lawyer is strongly advised?
• Many issues could happen when you buy a property if you don’t do your due diligence properly
• That is why your Spanish lawyer will work for you hand in hand with the Spanish notary to make everything watertight.

Part II. Buying a property in Spain as a foreigner

• The practical aspects linked to the purchase of your Spanish property as a foreigner.
• Are you allowed to buy a property in Spain as a foreigner?
• Who is buying the Spanish property?
• What are the impacts of your matrimonial regime if you are buying a property in Spain?
• What documents should you provide if you are buying a property in Spain?
• How do you finance your Spanish property purchase? Do you need a mortgage?

Part III. Legal due diligence on your Spanish property

• Legal due diligence checklist for a Resale property in Spain
• How do you settle the IBI tax, “Impuesto sobre Bienes Inmuebles”, between the seller and the buyer?
• Pay attention to the pre-emptive rights of the administration
• Legal due diligence checklist for a new build (or “off Plan”) property purchase in Spain
• Once the construction has been finished a few items should be checked

Find your property lawyer in Spain

Part IV. Tax aspects related to your Spanish property

Taxes related to:

• the acquisition of a property (new build or resale),
• the ownership of a property, and
• the sale of the property.

Part V. Inheritance, Estate Planning and Granting a Will in Spain

• The Spanish last will and testament will make the process of succession and inheritance over your Spanish assets quicker, easier and less costly.

For the easiness of reading, it is split into five different articles: they could be read one after the other or separately.