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Buying and Selling Boats and Moorings

Legal advice on the purchase or sale of a boat in Spain, its registration, and the buying and selling of moorings.

Since 1983Qualified in Barcelona
SotograndeBased here since 1988
3 jurisdictionsUK, Gibraltar & Spain
EN / ESFluent in both languages
Yachts moored at Puerto de Sotogrande

Buying a boat in Spain

A boat is bought and sold much like any other asset of value, and the same care is worth taking. We check that the seller is the registered owner and can properly transfer the vessel, that nothing is charged against it, and that the paperwork is in order before any money is paid.

We then prepare or review the contract of sale, deal with the taxes arising on the purchase, and see the transfer of ownership through to completion.

Registration under the Spanish flag

Whether to register a vessel in Spain, and in which register, has practical and tax consequences that depend on where you keep the boat, how you use it and where you are resident.

We advise on the position and handle the registration itself, including a change of flag where that is what suits you best.

Buying and selling moorings

A mooring is rarely owned outright in the way people expect. Depending on the port it may be a concession granted for a fixed term, a right of use, or a shareholding in a company that holds the berth.

What matters is knowing which of these you are buying, how long it runs, what happens when the term ends and whether it can be passed to a future buyer. Those are the questions we settle before you commit, and we handle the transfer on both sides of a sale.

If you are not in Spain

As with a property, a power of attorney allows us to complete a purchase or sale on your behalf, which suits owners who are only here for part of the year.

Common questions

Do I need a lawyer to buy a boat in Spain?

There is no obligation, but the checks are worth making. Confirming the seller is the registered owner, that nothing is charged against the vessel and that the contract reflects what you have agreed is straightforward work that avoids expensive surprises.

What do you check before I buy?

The registered position of the vessel, that the seller can properly transfer it, whether any charge or encumbrance is registered against it, and that the documentation is complete. We also review the contract of sale before you sign.

Should I register the boat in Spain?

It depends on where you keep it, how you use it and where you are tax resident. Each option carries different consequences, and we will set out which suits your circumstances before you decide.

What am I actually buying when I buy a mooring?

That is exactly the question to ask. It may be a concession for a fixed term, a right of use, or a shareholding in a company. Each behaves differently, particularly at the end of the term, and we establish which it is before you commit.

Can I sell my mooring separately from my boat?

Usually, though it depends on the terms under which the mooring is held and the rules of the particular port. We check what may be transferred and handle the sale.

Can you act for me if I am abroad?

Yes, under a power of attorney, in the same way as a property purchase or sale.

This page gives general information about Spanish law and is not legal advice. Every case turns on its own facts and should be assessed individually.

Get in touch

Write to Esther

Tell me a little about what you are planning and I will reply personally, usually within one working day.

Office
Guadalmarina 1, Portal 3, 2E
La Marina de Sotogrande
11310 San Roque, Cádiz
Telephone
+34 620 86 80 12
Email
esther@pujolwilkie.com
Hours
Mon to Fri, 9:00 to 17:00
Languages
English and Spanish
Get in touchCall the office