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One of the most common questions we’re asked is: “Do I need a lawyer to buy property in Spain?” Our answer is always a very firm yes.
Whether you’re purchasing in Spain or anywhere else, legal advice is essential. The vast majority of problems we hear about stem from buyers not taking the proper legal steps. With recent improvements to licensing and property legality across the Costa del Sol, it’s now easier than ever to ensure your new home is fully legal — but having a qualified lawyer gives you essential peace of mind and protection.
We are often asked whether it’s better to use a lawyer in your home country or one based in Spain. We always recommend working with a lawyer based in Spain, ideally with local expertise. A lawyer with on-the-ground knowledge can help navigate the Spanish legal system smoothly and identify potential issues early — something a remote adviser may not be able to do.
Before committing to a purchase, there are a few important legal considerations. For example, you may want to discuss whether to purchase in your own name, through a Spanish or foreign company, or even under the names of your children for inheritance planning. Taking expert legal and financial advice at this stage can save time, money, and stress later on.
An important part of your lawyer’s work is confirming exactly what you are buying and whether there are any legal or documentary issues that need to be resolved before you proceed. This normally involves checking the ownership and registered details of the property, together with any mortgages, debts, restrictions or other charges that may affect it.
The Nota Simple is an extract from the Spanish Land Registry and one of the key documents used during a property purchase. It identifies the registered owner and provides details of the property, including its registered description and location, together with any mortgages, charges or restrictions recorded against it.
Your lawyer will check the Nota Simple to confirm that the person selling the property is entitled to do so and that the registered information corresponds with the property you have agreed to buy. However, it is only one part of the legal investigation and should be considered alongside the other property records and documents.
The lawyer may need to compare the Land Registry information, the Catastro records, the planning documentation and the property as it physically exists. This can reveal extensions, enclosed terraces, swimming pools or other alterations that have not been correctly registered or documented.
A discrepancy does not necessarily mean that the purchase cannot proceed, but it needs to be identified and understood. Depending on the property and its circumstances, documents such as a Licence of First Occupation or an AFO may also be relevant. The buyer’s lawyer, sometimes working with an architect or another technical professional, will advise on the individual situation and any action that may be required.
These terms and documents can be confusing if you have not bought in Spain before. If you would like us to explain what a particular item means in practical terms, we are always happy to talk it through with you, while leaving the formal legal advice to your lawyer.
Building surveys are not routinely commissioned by buyers on the Costa del Sol. However, a buyer may choose to arrange one if they have concerns about the physical condition of a property, particularly with an older home or where there are signs of damp, cracking, roofing problems or substantial alterations.
A survey or technical inspection is separate from the legal and documentary checks carried out by the lawyer. If you feel that one is appropriate, your lawyer or estate agent can help you find a suitably qualified professional.
The payment arrangements for an off-plan purchase will depend partly on the stage the project has reached. There may be an early deposit followed by a waiting period while the necessary paperwork and licences are obtained, staged payments during construction, or a deposit followed relatively quickly by completion when the property is already completed or nearly completed.
Before committing substantial funds, the buyer’s lawyer should check the legal status of the project, the purchase contract, the payment schedule and the protection applying to money paid before completion. The exact arrangements and safeguards should be clearly understood before the buyer proceeds.
The notary has an important independent and public role in formally completing the purchase and authorising the title deed. However, the notary does not replace the buyer’s own lawyer or carry out the same detailed legal investigations on the buyer’s behalf. Your lawyer should complete the necessary checks and advise you before you attend the notary to sign.
We work with a trusted panel of independent lawyers based here in Spain, all of whom are multilingual and experienced in working with international buyers. If you’d like us to connect you with someone who speaks your language and understands your needs, simply call us on (0034) 952 90 52 00, WhatsApp us, email info@michael-moon.com or use the contact form below. We’ll be happy to put you in touch with the right professional for your situation.
Buying property in Spain should be an exciting and rewarding experience — with the right legal support, it will be.
It’s possible, but we strongly recommend using a lawyer based in Spain who understands local regulations and processes. It makes the transaction easier and safer.
Will my lawyer speak my language?Yes — we can recommend multilingual, independent lawyers who are used to working with international buyers from across Europe and beyond.
What is a Nota Simple?A Nota Simple is an extract from the Spanish Land Registry showing the registered ownership and description of a property, together with any recorded mortgages, charges or restrictions. It is one of the principal documents checked by the buyer’s lawyer.
Should I have a building survey?Building surveys are not routinely commissioned on the Costa del Sol, but you may choose to arrange one if you have concerns about the physical condition of the property. A survey is separate from the legal checks carried out by your lawyer.
What happens if an extension or alteration is not registered?It does not necessarily prevent the property from being sold, but the discrepancy must be investigated and understood. Your lawyer may need advice from an architect or another technical professional before confirming how it affects the purchase.
How are payments made when buying off-plan?The payment structure depends on the stage of the project and the terms of the contract. It may involve an early deposit, staged payments during construction or a deposit followed by completion. Your lawyer should check the arrangements and the protection applying to your payments.
Does the notary replace the buyer’s lawyer?No. The notary formally authorises the title deed and has an important independent public role, but does not replace the detailed investigations and personal legal advice provided by the buyer’s own lawyer.
Buying a property naturally raises questions. We've brought together answers to many of the questions buyers regularly ask us.
