Updated: October 2026

Buying a home in Spain follows a fixed order: paperwork first, checks second, contracts third and the notary last. This guide is for foreigners – residents or not – who want to understand each step before they pay a deposit. It focuses on the process; what everything costs is covered in our separate guide to buying costs in Spain.

Before you start looking

Foreigners can buy property in Spain on the same terms as Spaniards. What you cannot do any more is get residency by buying: the property-based golden visa ended in April 2025, so a purchase and a residence permit are two separate projects. If you plan to live here, read becoming a resident in Spain first.

• NIE: every buyer needs a foreigner identification number to sign the deed and pay taxes. It can take weeks to get an appointment, so apply early – see how to get your NIE.
• Spanish bank account: needed for transfers, taxes, community fees and utilities. Our guide to opening a bank account explains the options for residents and non-residents.
• Budget and finance: decide whether you need a mortgage and get a pre-approval before you make an offer. Non-residents usually need a bigger deposit. Read getting a mortgage in Spain.
• Your own lawyer: the estate agent works for the seller. An independent property lawyer (abogado) checks the home and the contracts for you. See abogado, gestor or notario for who does what.

If you will not be in Spain for every step, you can give your lawyer a power of attorney (poder notarial) signed at a Spanish notary or, abroad, at a Spanish consulate or a local notary with an apostille.

Step 1: find the property and make an offer

Most homes are sold through agents and online portals. Asking prices are often negotiable, especially for resale homes that have been on the market for a while. Make your offer in writing and make it clear that it depends on satisfactory legal checks and, if relevant, on getting a mortgage.

Some agents ask for a small reservation deposit to take the property off the market for a few weeks. Read the reservation document carefully: it should say how much you pay, how long the reservation lasts and that the money is returned if the legal checks show a problem.

Step 2: legal checks (due diligence)

This is the step that protects you. Your lawyer should check at least the following before you sign anything binding:

• Nota simple from the land registry: who the registered owner is, the description of the property and any mortgages, seizures (embargos) or other charges.
• Cadastre (catastro): that the size and boundaries match the registry and reality. Extensions, pools and garages that are not registered are a common problem.
• Planning status: especially for country houses and villas in Andalucía, the town hall should confirm that the building is legal or legalised. Homes built without a licence can be very hard to sell, insure or mortgage.
• Licence of occupation: the document showing the home may be lived in. Utility companies and banks may ask for it.
• Debts: unpaid IBI (property tax) and community fees can follow the property to the new owner. The seller must provide a certificate from the community of owners showing whether fees are paid.
• Energy certificate: the seller must provide it, and it is useful for comparing running costs.
• Tourist licence: if you plan to let the home to holidaymakers, check the building rules and local limits first – see our guide to the holiday rental licence in Andalucía.

For a new build bought off plan, the checks are different: the developer’s building licence, the bank guarantee or insurance that protects your stage payments, and the expected completion date.

Step 3: the private contract and deposit (arras)

When the checks are clear, buyer and seller usually sign a private purchase contract. In Spain this is most often a contrato de arras penitenciales, and the buyer pays a deposit – frequently around 10% of the price, but it is negotiable. The contract sets the price, what is included (furniture, parking, storage), the latest date for signing at the notary and who pays which costs.

• If the buyer pulls out: the buyer loses the deposit.
• If the seller pulls out: the seller must pay back double the deposit.
• Mortgage clause: if you depend on a loan, ask your lawyer whether a clause can protect your deposit if the bank says no.

Pay the deposit by bank transfer, never in cash, and keep the proof. All payments for the purchase must be traceable, because the notary records how the price was paid.

Step 4: signing the deed at the notary

The sale is completed by signing the escritura pública de compraventa before a Spanish notary. As the buyer, you normally have the right to choose the notary. Ask for the draft deed a few days before so your lawyer can check it, and bring a sworn interpreter if you do not understand Spanish well – the notary must be satisfied that you understand what you sign.

1. The notary checks identities, NIEs, the latest registry information and the community debt certificate.
2. The deed is read out and signed. If you have a mortgage, the bank signs its mortgage deed at the same appointment.
3. You pay the rest of the price, usually by bank cheque or transfer, and receive the keys.
4. If the seller is not tax resident in Spain, you must hold back 3% of the price and pay it to the tax office on the seller’s behalf. Your lawyer or the notary will make sure this is done.

The notary normally sends an electronic copy of the deed to the land registry the same day, which protects you from anything registered against the property afterwards.

Step 5: after the signing

• Pay the purchase tax: transfer tax (ITP) on a resale home, or VAT and stamp duty on a new build, within the legal deadline. Your lawyer or a gestor usually files the form. The amounts are explained in our buying costs guide.
• Register the deed: once the tax is paid, the deed is registered in your name at the land registry. Keep the registered deed safe.
• Utilities: change electricity, water, gas and internet into your name – see utility bills in Spain.
• Insurance: arrange cover from the day you get the keys. Our home insurance guide explains what to look for.
• Community and town hall: tell the community administrator you are the new owner, give an address for notices and set up direct debits for IBI and community fees.
• Yearly taxes: from now on you pay IBI and, as a non-resident, a yearly income tax return on the property. Read taxes for foreign property owners.

If you move into the home, register on the town hall’s padrón as well – see padrón registration.

Useful links

• Banco de España: which mortgage costs the buyer and the bank pay
• BOE: Spanish law on communities of owners (Ley de Propiedad Horizontal)
• Buying costs in Spain: notary, land registry and transfer tax
• Renting or buying as a new resident
• Lawyers in Spain: abogado, gestor or notario

FAQ: buying property in Spain

Do I have to be in Spain to buy a property?

No. With a notarised power of attorney, your lawyer can sign the contracts and the deed for you. Many buyers still come for the viewing and the final signing.

How long does buying a home in Spain take?

For a resale home paid in cash, often around one to three months from accepted offer to notary. A mortgage, a missing NIE or problems found in the checks can add weeks.

Is the estate agent’s fee paid by the buyer?

In most resale purchases the seller pays the agent, and the fee is built into the price. Check this in writing before you sign anything.

Can I get my deposit back if I change my mind?

Under a standard arras contract, no – the buyer loses the deposit. Only sign when the legal checks are done and your finance is in place.

Disclaimer: This article is general information only and is not legal or tax advice. Property rules and taxes vary by region and change over time – always use an independent lawyer or gestor and check with the official source before you sign or pay.