The Property Buying Process in Spain: A Step-by-Step Guide

Purchasing property in Spain follows a structured legal process that culminates in signing the public deed before a notary. While the details may vary slightly depending on whether the property is a resale home or a new development, the overall procedure remains largely the same throughout the country and applies across Marbella and the Costa del Sol.

Step 1: Property Reservation

Once a buyer has selected a property and agreed on a purchase price with the seller, the first step is typically the signing of a reservation agreement. At this stage, a small deposit is paid to temporarily remove the property from the market while legal checks begin. The reservation agreement normally defines the timeframe in which due diligence will take place and under what conditions the deposit may be refunded.

Step 2: Legal Due Diligence

Following the reservation, the buyer’s lawyer begins the legal verification process. This includes obtaining documentation from the Land Registry to confirm the registered owner of the property and to ensure there are no charges such as mortgages, embargoes, or liens attached to it. Additional checks are carried out to verify that the property complies with local planning regulations, that there are no outstanding debts associated with the property, and that community fees and local property taxes are up to date.

Step 3: Private Purchase Contract (Contrato de Arras)

Once the legal checks are completed and both parties agree to proceed, a private purchase contract, commonly referred to as a Contrato de Arras, is signed. At this stage, the buyer usually pays a deposit of approximately ten percent of the purchase price. This contract establishes the agreed terms of the transaction, including the final purchase price, the completion date, and the obligations of both buyer and seller.

Step 4: Signing the Public Deed (Escritura Pública)

The final step of the purchase takes place before a Spanish notary. During this appointment, both parties sign the public deed of sale, known as the Escritura Pública. The buyer transfers the remaining balance of the purchase price and the notary formally certifies the transaction. At this moment, ownership of the property legally passes to the buyer.

Step 5: Registration and Tax Payment

After the deed has been signed, the buyer’s lawyer handles the administrative steps required to finalise the purchase. This includes paying the relevant purchase taxes and registering the new ownership at the Land Registry. Once registration is completed, the buyer is officially recorded as the legal owner of the property and can proceed with transferring utilities, arranging insurance, and taking full possession of the property.