Property Law

Comprehensive legal support for international clients buying, selling, or managing property in Spain. From due diligence to dispute resolution, our expert solicitors ensure your investment is protected under Spanish legislation.

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Legal Framework

Buying Process

Illegal Properties

Community Rights

Disputes

Occupancy Issues

Spanish property law for foreigners, what's different

Navigating the Spanish legal system requires understanding its unique structure, which differs significantly from the UK or Ireland. While both systems aim for transactional security, Spain relies heavily on the Civil Law tradition.

The Notary's Role

Unlike UK solicitors who represent only one party, the Spanish Notary is a public official who ensures the ‘Escritura’ (Title Deed) is signed correctly. They do not, however, perform the deep due diligence your own solicitor does.

Your Solicitor's Role

Our job is to protect your interests. We verify ownership, check for hidden debts (embargos), ensure planning permissions are valid, and handle the tax filings that occur after the Notary visit.

Buying property in Spain and legal advice from day one

Speed is often a factor in the Spanish market, but signing documents without review is the most common cause of legal stress later. We handle the technical review of all preliminary contracts.

Reservation Contract: Securing the property while due diligence begins.
Arras Contract: The binding deposit agreement (typically 10%).
Non-Infraction Certificate: Ensuring no planning breaches exist.
NIE Applications: Essential tax identification for all buyers.

Due Diligence

Our comprehensive checks cover everything from the Land Registry to utility debt clearances.

Illegal properties in Spain and what you need to know before you buy

In regions like Murcia and Costa Cálida, thousands of properties were built during the boom years without proper planning permission or on rural land. Buying one can lead to fines or, in extreme cases, demolition orders.

"The risk isn't just about the current state, but the future ability to sell or inherit the property without legal complications."

Community of owners in Spain

Buying an apartment or a villa in a resort means joining a Community of owners. Understand your rights and obligations regarding fees, maintenance, and voting on common improvements.

Property disputes in Spain

We resolve boundary issues, conflicts with developers over build quality, and complex inheritance disputes involving multi-national heirs and assets.

Squatters and occupancy disputes in Spain

The rise of ‘Squatters has concerned many second-home owners. Understanding the legal procedures (Juicio de Desahucio) is critical for a swift resolution.

We provide immediate legal to protect your property and navigate the specific Spanish laws designed to handle unauthorized occupants.

Frequently Asked Questions

Do I need a lawyer to buy property in Spain?

Technically no, but practically yes. The notary in Spain does not act in your interests, they verify the formalities of the transaction. A property lawyer carries out the due diligence that protects you: checking the title, debts, planning status and contracts before you commit. Without one, you’re signing documents in Spanish that you may not fully understand, with no independent check on what you’re buying.

What is an illegal property in Spain and how do I avoid buying one?

An illegal property is one built without proper planning permission, or one where extensions or modifications were carried out without licences. They are common in rural areas and along parts of the Costa Cálida. The only way to avoid buying one is thorough legal due diligence: checking the Land Registry, the cadastre and the local planning records before you exchange. PALS does this as standard.

What are community fees in Spain and am I obliged to pay them?

Community fees (cuotas de comunidad) are the charges levied by the community of owners to cover maintenance, insurance and shared services. If you own a property within a community, you are legally obliged to pay them. Unpaid fees can result in legal action, interest charges and ultimately a court order against the property.

What can I do if I have a property dispute in Spain?

The first step is always to seek legal advice before taking any action. Many disputes can be resolved through negotiation or mediation without going to court. If court proceedings are necessary, PALS can represent you. The key is not to ignore the problem: Spanish courts do not look favourably on parties who delay.

What rights do squatters have in Spain?

Spain’s okupa laws have been tightened in recent years, but unlawful occupants still have certain procedural rights that make swift removal difficult without following the correct legal process. If your property has been occupied without permission, contact us immediately, as acting quickly and correctly from the outset is essential.

Can foreigners buy property in Spain freely?

Yes, there are no restrictions on foreigners buying property in Spain. You will need a NIE number before you can complete the purchase. PALS can obtain your NIE on your behalf and handle the full legal process of the purchase.