Independent legal advice for property buyers in Sotogrande+34 620 86 80 12Mon to Fri, 9:00 to 17:00
Esther Pujol Wilkie& Associates · AbogadosEN / ESGet in touchES
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Buying a Property in Spain

We take you by the hand through the whole process, from the first enquiry to the keys.

Since 1983Qualified in Barcelona
SotograndeBased here since 1988
3 jurisdictionsUK, Gibraltar & Spain
EN / ESFluent in both languages
Villa with pool on the Costa del Sol, typical of resale purchases in Sotogrande

We can start before you arrive

A good deal of a Spanish purchase can be prepared before you set foot here. We obtain your NIE, open the way for a bank account, and begin the searches on any property you are seriously considering, so that by the time you are ready to commit you already know what you are buying.

If you cannot travel for the signing, a power of attorney allows us to complete on your behalf, including at the notary. A good many of our purchases complete without the buyer needing to be in Spain at all.

What we look at

  • The nota simple from the Land Registry: ownership, description and any charge registered against the property
  • Mortgages, community fees, IBI and anything else outstanding, since these follow the property rather than the seller
  • The planning position at the town hall, including any extension, pool or terrace
  • Licencia de primera ocupación where the property is relatively recent
  • The registry entry against the catastro record, which do not always agree on surface area or boundaries
  • The reservation agreement and then the contrato de arras, before you are asked to sign either
  • The tax position, so that the figures are known in advance rather than on the day

Reservation first, then the arras

These are two different documents and they are often confused. A reservation is a short agreement with a small deposit, simply to take the property off the market for a short period while matters are looked into.

The contrato de arras comes afterwards. It is the proper contract, setting out all the conditions of the sale, and the deposit is usually around ten per cent of the price. That is the document that really matters, and it repays careful reading before signature.

We look at both, and where something needs adjusting we raise it while there is still room to do so.

Completion and afterwards

Completion takes place before the notary, where payment, signature and the handover of keys happen together. Immediately afterwards we settle the taxes and submit the deed for inscription at the Land Registry.

From there we transfer the utilities, notify the community, and put the annual tax filings in place. Most clients stay with us for that part, which continues quietly in the background for as long as they own the property.

Common questions

How long does it usually take?

A straightforward resale generally takes six to ten weeks from the reservation contract to completion. What tends to extend it is waiting for an NIE appointment or a mortgage valuation, or resolving something that comes up in the searches.

Do I need to be in Spain to buy?

No. With a power of attorney we can complete the entire purchase on your behalf, including signing at the notary. It can be granted before a Spanish notary, at a Spanish consulate, or before a local notary with an apostille and sworn translation.

What is an NIE and when do I need one?

The NIE is your Spanish identification number for tax purposes. You need one to buy a property, open a bank account or pay tax here, and it is usually the first thing we arrange.

Can I buy if I am not an EU citizen?

Yes. There is no restriction on foreign nationals buying property in Spain. Since April 2025 a purchase no longer carries any residency entitlement, so buying and residency are now separate matters, and we can advise on both.

What else should I budget for beyond the price?

There are taxes and official fees on any Spanish purchase, and they vary with the property and how it is bought. We set out the figures for your particular purchase at the outset, so nothing arrives unexpectedly.

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