Property
Spain — Property: Buying Process
In Spain a home purchase is normally formalised in a public deed (escritura pública) before a notary, which you need to register the property or take a mortgage. Before signing, the notary usually requests a simple note (nota simple) from the Property Registry to check ownership and charges. After signing, the notary can file the deed electronically with the Registry the same day. To register the purchase you typically need the authorised copy of the deed, the tax self-assessment form, and proof of payment of the municipal capital-gains tax (plusvalía); once filed, registration is made within fifteen working days. Transfer tax (ITP on resale homes) or stamp duty (AJD on new builds) is self-assessed with the regional tax authority, within thirty working days of the deed or the period set by the region. Whether you need a foreigner's tax number (NIE) to buy is not covered by these official pages; confirm with the notary.
Key facts
- The purchase is formalised in a public deed before a notary, needed to register the property or take a mortgage.
- The notary usually requests a simple note from the Property Registry to check ownership and charges before signing, and can file the deed electronically the same day.
- To register you typically need the authorised copy of the deed, the tax self-assessment form, and proof of payment of the municipal plusvalía; registration is made within fifteen working days of filing.
- Transfer tax (ITP, resale) or stamp duty (AJD, new builds) is paid within thirty working days of the deed, or the period set by the region.
- Confirm with the notary whether you need an NIE for the purchase.
Steps
- 1. Obtain a NIE — Apply at a Spanish consulate abroad or a national police station (Oficina de Extranjería) in Spain; required for any property transaction.
- 2. Sign a Reserve Agreement — A small holding deposit taken directly by the agency/seller to remove the property from the market while due diligence proceeds.
- 3. Sign the Contrato de Arras Penitenciales — Private deposit contract under Civil Code Article 1454, typically 10% of the purchase price, setting the completion date and penalty terms for withdrawal by either party.
- 4. Sign the Escritura de Compraventa — Public deed executed before a Spanish notary, at which point the balance of the purchase price is paid and keys are handed over.
- 5. Register at the Land Registry — The notary or a gestor submits the escritura to the Registro de la Propiedad; registration is what confers full legal protection against competing claims on the property.
- 6. Settle transfer taxes — ITPO (resale) or VAT plus AJD (new-build) must be paid within 30 days of the escritura signing.
Timelines
- Transfer tax / stamp duty payment: 30 working days from the deed (or regional period)
- Registry inscription after filing: Within 15 working days
Common mistakes
- Signing before the notary has checked the Property Registry for charges.