Before signing or paying a deposit
Review available ownership and Land Registry evidence, known charges and relevant planning or non-EU acquisition restrictions; assess reservation or arras contract terms before signature.
Property purchase counsel — reviewed October 9, 2026
Spanish Property Lawyer | Helping Americans Buy Property in Spain
Americans can buy property in Spain without first becoming Spanish residents. That does not mean every transaction is restriction-free: non-EU buyers can face Defence-related authorization requirements in designated areas, including island territories, depending on the specific property and land classification. Purchase no longer creates a new investor-residence route after the investor provisions of Ley 14/2013 ceased to apply to new cases from April 3, 2025; see the 2026 Golden Visa alternatives for Americans. Spain Law NYC handles purchase-side due diligence, contract review and closing coordination within the agreed scope.
Already negotiating a reservation or arras agreement? Send a brief property inquiry stating the region and your proposed signing date; please do not attach confidential records in the first message. The free introductory call is for service fit, not individualized contract advice.
Constantin Razvan Gospodin Florea, Spain-licensed attorney — ICATF Colegiado No. 5961
Spanish property legal assistance
What Spanish property counsel can handle
If you are buying in Spain from the United States, the purpose of engaging Spanish legal counsel is to identify transaction risks and agree on the work needed before you commit funds. Our services are defined in a written engagement rather than assuming that every purchase needs the same steps.
Before paying a deposit or signing arras: scope, findings and next decisions
A buyer-side Spanish-law review can examine the available Land Registry information for registered ownership and charges, identify questions that require further documents or specialist checks, and assess the proposed reservation or arras terms before you commit. A nota simple is a time-specific informational extract; it is not a title guarantee or a substitute for assessing the actual transaction.
What you receive: advice on the reviewed records, identified legal risks, unresolved questions and possible next steps within the agreed engagement. The format of the advice and any written summary are specified in that engagement; a standalone certified title opinion or multi-point written due-diligence report is not automatically included.
What is separate: independent surveys, physical condition inspections, valuations, financing decisions and individualized tax opinions are outside this Spanish-law review unless separately arranged within the agreed scope. Additional checks may be needed as new records or transaction facts become available.
Official Spanish Land Registry: what a nota simple showsPreparing the Spanish closing
Coordinate necessary NIE and document steps, review the proposed deed, and assess whether a power of attorney or personal notarial appearance is suitable for the transaction.
Completion and agreed follow-up
Coordinate with the Spanish notary and other independent professionals where appropriate, and address registration or post-closing legal follow-up if included in the engagement.
Fees and scope: Spanish property legal assistance starts at $4,500. The final engagement defines deliverables and exclusions. Taxes, notary and Land Registry charges, valuations, mortgage services, sworn translations and other third-party costs are separate unless expressly agreed.
A Spanish property purchase does not itself provide a residence permit. Immigration eligibility and tax planning are separate matters; any required independent tax or other professional advice is coordinated only within the agreed scope.
Looking for the rules before deciding whether to hire counsel? Read our guide for Americans buying property in Spain.
Property Transfer Tax (ITP) by region — 2026
The ITP (Impuesto sobre Transmisiones Patrimoniales) is the main tax on resale property purchases. Rates vary significantly by autonomous community. For new builds on the mainland and Balearic Islands, VAT (IVA) at 10% applies instead of ITP — the Canary Islands use a different tax instead of IVA (see the callout below).
| Autonomous Community | General ITP | Notes |
|---|---|---|
| Madrid | 6% | General rate; qualifying reliefs can apply. |
| Andalusia | 7% | General rate; qualifying reduced rates can apply. |
| Valencia | 9% / 11% | 9% general rate from June 1, 2026; 11% when value exceeds €1M. |
| Catalonia | 10–13% | Progressive general scale from 10% to 13%; special rates can apply. |
| Balearic Islands | 8–13% | Progressive general scale by property value. |
| Canary Islands | 6.5% | General rate; qualifying reduced rates can apply. |
General resale-property ITP overview based on current official tax-authority materials reviewed September 25, 2026. Reduced, increased or special rates can apply depending on the buyer, property and transaction; verify the actual transaction before relying on a rate.
Tax questions on this matter are handled through our network of professional collaborators in Spain, not directly by Spain Law NYC.
Buying in the Canary Islands? New builds there are taxed under IGIC, not mainland VAT, under the islands' own fiscal framework.
See Canary Islands property rules →The 9-step property purchase process
-
1
Arrange the buyer's Spanish identification and tax formalities. For a foreign buyer this commonly includes a NIE, which is the personal identification number used for economic, professional or social dealings with Spain.
-
2
Plan the purchase funds and payment channel. A Spanish bank account can be useful for payments and utilities, but it should not be presented as a universal legal prerequisite for every purchase.
-
3
Property search and shortlist — with or without a real estate agent.
-
4
Legal due diligence — we verify title and registered charges at the Land Registry, review urban-planning issues and check whether any location-specific restriction or authorization affects the buyer or parcel.
-
5
Arras deposit contract — the deposit percentage and consequences depend on the negotiated agreement; there is no universal 10% rule. We review the proposed terms before you sign, within the engagement scope.
-
6
Final notary deed (escritura) — signed before a Spanish notary. We attend or arrange power of attorney if you cannot be present.
-
7
Property registration — the deed is presented to the Land Registry for the buyer's title to be registered.
-
8
Handle post-closing ownership administration such as utilities, community-of-owners records and local property charges where applicable. Municipal registration (empadronamiento) is a separate residence-related matter, not a universal purchase step.
-
9
Review any ongoing Spanish tax obligations with an independent qualified tax professional. Modelo 720 concerns reporting certain assets and rights situated outside Spain; it is not a filing triggered merely because a buyer acquires Spanish real estate.
Non-EU buyers: check location-specific Defence restrictions
Ley 8/1975 and Real Decreto 689/1978 can require military authorization for non-EU foreign acquisitions in designated restricted areas. The rules are property-specific and the current administrative framework contains exclusions, including qualifying urbanized land under Ministry of Defence Order of Service 1/2021. A U.S. buyer should therefore have the actual parcel checked rather than rely on a blanket statement that Spain has no foreign-buyer restrictions.
This issue is particularly relevant for island territories. See the Canary Islands service page for the current BOE/DGSJFP framework used in our regional explanation.
Canary Islands property counsel →Real risks — and how we prevent them
Property scams and fraudulent listings
We verify the property's legal status at the Land Registry (Registro de la Propiedad) before any deposit is paid. We also cross-check the seller's identity and ownership against the Catastral registry (sedecatastro.gob.es) to confirm the property exists, is correctly classified, and matches the listing description.
Hidden community debts
Unpaid community fees (gastos de comunidad) can become the buyer's liability after purchase. We request a certificate of up-to-date payments from the community of owners and verify there are no outstanding liens or special assessments before the notary deed is signed.
Unregistered renovations or extensions
A swimming pool, an extra bedroom, or a terrace enclosure built without a license can invalidate your property insurance, trigger fines, and complicate resale. We check the Catastral registry and municipal urban planning records to confirm all structures are legal and registered.
Renting before you buy?
Many clients rent for 6–12 months before committing to a purchase. Our LAU Lease Review service ($950, flat fee) reviews your Spanish rental contract for hidden clauses, deposit terms, and early-termination penalties before you sign. It is a small investment that prevents much larger headaches later.
View all à la carte servicesU.S. buyer contract risk · reviewed October 26, 2026
If my mortgage financing fails, can I recover a Spanish arras deposit?
Do not assume so. A Spanish property buyer has no automatic refund merely because financing is refused. Article 1454 of the Spanish Civil Code describes a withdrawal mechanism associated with arras penitenciales in which the buyer may forfeit the deposit or the seller may return double. Whether that rule applies depends on the signed agreement, not simply the label “deposit.” An express financing contingency, agreed deadlines and evidence requirements may change the outcome. Review these terms before paying or signing.
Official source: Spanish Civil Code, article 1454 (BOE). This is Spanish contract-law information, not U.S. mortgage advice or a prediction of a specific contract outcome.
Request Spanish contract review before paying a depositFrequently Asked Questions
Do I need a NIE to buy property in Spain?
A foreign buyer normally needs Spanish identification for the tax, notarial and registration steps of a purchase, and the NIE is the personal identification number assigned to foreigners who have economic, professional or social interests in Spain. The exact identification and representation steps should be confirmed for the buyer and transaction rather than described as the only legal requirement.
Can Americans get a mortgage in Spain?
Some Spanish lenders consider applications from non-resident buyers, but financing depends on the lender, applicant and property. No particular loan-to-value ratio, rate or approval is guaranteed. Independent mortgage advice and any legal review of loan documents must be expressly included in the agreed engagement.
Should I rent or buy first in Spain?
For many relocating Americans, renting first can provide time to understand the local market and neighborhoods before committing to a purchase. The appropriate sequence depends on your residence plan, timing and property goals.
Buying property in Spain? Start with due diligence.
Book a free 15-minute introductory call to discuss your general property goals and service fit. Property-specific legal analysis, document review, and strategy are provided through a paid consultation or active engagement.
Request an introductory callSources, review date & related guidance
Last reviewed: October 9, 2026. Official sources control current procedural requirements. Spain Law NYC explains the Spanish-law context and the scope of professional assistance; requirements can change, so the linked authority should be checked before filing or acting.