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Article copyrighted © 2026. Plagiarism will be criminally prosecuted

Inset photo: Cala D'Hort, Ibiza

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
8^th of April 2026

Introduction

Spring is upon us and with it comes the best sales season. With this in mind, we’ve published a short article supplying a few basic pointers - by no means exhaustive - that buyers should be mindful of. Happy house-hunting!

Eight tips on buying property in Spain

1. Independent legal representation

If you are a foreigner, you are strongly advised to hire an abogado (lawyer) to represent your interests. Banks and Spanish notaries are neutral public officials who verify the legality of documents but do not perform a due diligence on your behalf. Hiring an independent Spanish lawyer (abogado) ensures your interests are exclusively represented during contract reviews and background checks. Lawyer’s fees are 100% tax-deductible. If there is one thing you should take from this article, is to be legally represented.

2. Ownership

You would be surprised to learn the number of sellers who are not the actual registered owner of a property. This happens frequently, for example, when the owner dies and one of his heirs is selling the property but still has not carried out the full title registration procedure. You should only enter into a contract with a person who appears at the land registry as the rightful title holder. In Spain, you cannot sell what you don’t own.

3. Hidden debts attached to the property

Unbeknownst to a buyer (caveat emptor), there can be multiple debts and charges against a  property that DO NOT appear on a nota simple. The golden rule in Spain is that debts always follow the property. Meaning whoever owns the property is liable for any and all hidden debts, charges, and planning issues. A few examples:

• Community of owner’s fees: owners are liable going back 4 years. In some coastal areas, in high end communities, these fees are substantial (in the dozens of thousands)
• Up to date with taxes (local, regional and national). For example, a property is liable for local taxes going back 4 years. Your lawyer will verify there are no outstanding taxes owed as part of their due diligence.
• Free of liens and charges. Particularly in rural areas, properties may have a lien, such as a right of way or a right to water supply, by a neighbour. In urban areas a right of view is very common, meaning you cannot build or obstruct the view of your neighbour. You should be aware of these limitations to avoid protracted litigation.
• Property is classified as an apartamento turistico. This has strong limitations on sales price and property use.
• Property is classified as a public subsidised dwelling (VPO). Sales price is capped and renting may be banned.
• Property is classified as leasehold, not freehold (ownership belongs to the government, local, or regional administration), very frequent in coastal areas. These type of properties have a capped period of time of usage normally spanning 30 years. After that time, the contract is renewed or not.
• Property is involved in an ongoing planning dispute (legal proceedings) that may result in a complete or partial demolition. Again, whoever owns the property may be found guilty and liable for breaching planning laws, even if they were not involved.

4. Community of owners’ byelaws. You should acquaint yourself with the rules governing them as communities are now empowered to ban holiday homes or pianists, for example.
5. Illegal property extensions. Unbeknownst to a buyer, the seller may have undertaken illegal extensions to the property (without the appropriate planning permissions from the town hall). Common examples of these are closing in open terraces. Besides being heavily fined you may be forced to pull the works down at your own cost. Additionally, they may also jeopardise a property sale. For example, if a buyer requires finance, his lender will send a property surveyor to carry out an appraisal who will quickly pick up on these extensions, and the buyer’s bank will REFUSE to finance the property purchase. 80% of property sales in Spain are financed. Until you update the property deed reflecting these changes, you limit your pool of buyers to cash-buyers only. This translates into longer waiting periods which can take several years.
6. Military-designated zones. Spain has legal limitations for all non-EU foreigners buying property, which include but are not limited to, adjacent to military bases or deemed as security sensitive or strategic areas. These lands are legally earmarked and require written permission from the competent Military Authority which takes in or around one year to attain. You will have no problem whatsoever buying the property, completing before a notary public and even paying your property transfer tax but then you will be UNABLE to register the property under your name at the land registry without said permission. Make no mistake, Spanish Military Authorities are under no obligation to grant you said permission after, or even before, you complete leaving you stuck in a legal limbo where you have lost all your money and have no title deed to show for it. Only a lawyer can assist you from making such a crass mistake.
7. Coastal laws. Beware of the standard 100-metre protection zone (this can actually be reduced to 20 m or even increased up to 200 m contingent on the area) on buying coastal properties. Planning authorities may force you to pull down the property, even if decades old, at your own cost. Again, whoever owns the property has the problem.
8. Certificate of Energy Performance. As of 2030, properties with an EPC rated ‘E’, or lower, will not be able to be sold or rented out. As of 2033, the ban will extend to properties rated as D. 80% of properties in Spain are currently classified as ‘E’ or lower. This EU regulation will force millions of owners to pay for improvement works to attain a rating above E if they intend to sell or rent as of 2030 onwards.

Why you should choose LNA law firm to represent you buying property in Spain:

• Ultra-low competitive fees
• Our fees are 100% tax-deductible
• Our lawyers speak several languages
• We are also specialised in taxation and visas
• We have 23 years of experience at your service
• We have conveyed 100s of properties all over Spain
• We have hundreds of positive client testimonials and Google reviews
• All our lawyers are regulated by Spain’s Bar Association and have Professional Indemnity Insurance of up to €1mn

You can buy and live anywhere in Spain; you will be spoilt for choice: Barcelona, Costa del Sol, Granada, Ibiza, Madrid, Malaga, Mallorca, Santiago de Compostela, Seville, Sotogrande, and Valencia.

Call us and speak to one of our friendly staff free of charge!

Available services:

• Conveyancing in Spain – Buying
• Conveyancing in Spain – Selling

At Larrain Nesbitt Abogados (LNA) we have over 23 years of experience specialising in property conveyance and taxation. We also assist clients with immigration & residency visas (digital nomad visa), and inheritance procedures (probate). You can contact us by e-mail at info@larrainnesbitt.com, by telephone on our UK line (+44) 0754 3838 218 or Spanish line (+34) 952 19 22 88, or by completing our contact form.

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarising, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Ní neart go cur le chéile. VOV.

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