Buying a property in Spain in 2025: The full process explained by an expert lawyer

📺 Watch the video below

We sat down with Spanish property lawyer Alex Radford, to walk through the buying process step by step — and his insights could save you time, money, and a few headaches. If you’re serious about buying in Spain, this is 10 minutes well spent.

Step 1: Prepare before you browse

We know, the temptation to hop on a plane and start viewing dreamy villas is strong. But as Alex Radford says, "Preparation. Who's going to buy the property? Who's got the money? Do you need finance?” These are the questions to tackle first.

Ask yourself:

• Will you buy as an individual, or through a company?
• Will the property be a holiday home or your main residence?
• Are you buying with family, or planning for inheritance?

Buying with adult children, for example, can reduce future inheritance tax. “Potentially, you could buy the property in Spain with the children. So the children have the legal title and the parents have a life interest,” explains Alex.
And if you're relying on funds from a property sale back home? Sell first. “My best advice to you is sell the property first and then come looking.”

Step 2: Get your paperwork in order

Once you’ve made your plans, sort the essentials:

NIE (Número de Identidad de Extranjero): You need this to pay taxes and buy property. Here’s how to obtain an NIE.

Spanish bank account: Needed to transfer funds. Find out how to set up a Spanish bank account.

Power of attorney: Not essential, but highly recommended, especially if you’ll need to sign documents from abroad.

"Put the power of attorney in place... We've can organise NIE numbers, and we can open the bank account for them," says Alex. This means you can act fast when you find the right property.

Step 3: Arrange finance (if you need it)

Need a mortgage? Speak to a mortgage broker early. They’ll advise on your borrowing capacity so you know what you can afford before making an offer.
“It’s crucial to do that… so when you come to Spain, you know from the mortgage broker exactly how much you’re allowed to borrow,” says Alex. And don’t delay the valuation — once you’ve agreed on a property, you’ll want that valuation ordered immediately. Check out our complete Spanish mortgage guide for more info. 

Step 4: House hunting (with strategy)

Now comes the fun bit - viewings. But don’t let your heart override your head.
Alex advises: "Find out a bit more about why the sellers are selling... Have they accepted or rejected any offers? Visit various properties in the area." And be clear on what’s included: furniture, fixtures, subject-to conditions like surveys or planning checks - agree it all upfront.

Check out Planning your Spanish property viewing trip: key steps and considerations and 9 crucial questions to ask your estate agent during Spanish property viewings 

Step 5: Legal checks before the deposit

Once you’ve found the right place and agreed a price, it’s time to sign a reservation contract. But don’t hand over a euro without involving your lawyer.
"Just before you sign that reservation contract and pay any money over... it’s important to speak to a lawyer,” says Alex. You’ll typically pay between €6,000 and €20,000 at this point, so it’s not a time for crossed fingers. Read how to find a good property lawyer in Spain for advice. 

He adds: “Submit the offer, agree any subject-to… for example, do you want the furniture? Do you want it to be subject to a survey?”

If you're buying in the countryside or suspect recent renovations, request a certificate from the town hall confirming there are no planning breaches.

Step 6: Reservation contract signed - Now what?

With the reservation contract signed and the property off the market, the next milestones are:

Signing the private purchase contract (PPC): You’ll pay the rest of your 10% deposit and agree a timeline.

Completion day: When you pay the balance and get the keys.

Crucially, if you can’t meet the agreed timelines — for example, because your home sale falls through — you risk losing your deposit.

“If you put money down and can't complete on the contract, then you could lose any money you paid over,” warns Alex.

Step 7: Final completion with a notary

All property purchases in Spain must be formalised before a notary — an impartial official who certifies the transaction.

“The notary won’t be acting for you or the seller… they take instructions from both the buyer’s lawyers and the seller’s lawyers,” says Alex. They’ll do a final land registry check a few days before to make sure there are no last-minute debts."

Then comes the big moment: “A cheque is exchanged for keys.” The buyer becomes the official owner that day.

Step 8: After completion

After the notary signs off, the buyer (or their lawyer) will:

• Pay the transfer tax (or stamp duty for new builds)
• Pay the notary fees
• Pay the land registry fees
• Register the title deed (escritura) in their name

The notary will also notify the land registry and town hall that the property has changed hands.
 

Timelines and delays

The full process typically takes 6 to 12 weeks — but it depends. A mortgage-free coastal flat will move faster than a rural finca needing planning confirmation.

"Town hall certificates, mortgage approvals, and legal planning checks can all cause delays," says Alex. So factor in a cushion — and don’t assume you’ll be in by summer just because you started in spring.

Watchouts and common mistakes

Alex has seen it all. The classic error? “A lot of people come out and say, ‘I’m just doing a recce.’ Then they fall in love with a property… but haven’t sold their house back home yet.”

If you’re not ready to proceed, enjoy the viewings — but don’t start signing contracts.

Another key issue is holiday rentals. Rules are getting stricter, and not all properties or regions allow them. Always ask the agent and have your lawyer confirm: “The lawyer can check to see whether or not rentals would be allowed.”

What about residency, visas and taxes?

Residency
If you plan to live in Spain full-time, you’ll need to secure legal residency — and yes, Brits, that includes you post-Brexit. Residency gives you the right to live, access healthcare, and even work in Spain. The rules vary depending on your circumstances, but the process typically begins after you’ve arrived.
👉 How to obtain Spanish residency in 2025

Visas
Before residency comes the visa. Spain offers several routes, including the non-lucrative visa (popular with retirees), the work visa, and the newer digital nomad visa for remote workers. The best fit depends on your lifestyle, income source, and future plans — and each comes with different conditions and timelines.
👉 A comprehensive guide to Spanish visas

Taxes
Buying property in Spain comes with a tangle of tax obligations. There’s property transfer tax (or VAT for new builds), annual IBI (council tax), income tax if you rent the place out — and capital gains tax when you sell. It pays to understand what’s due and when.
👉 A solicitor’s guide to the Spanish tax system
👉 Complete guide to capital gains tax in Spain for expats

Final thoughts from Alex

Buying a home in Spain is completely doable - and often far smoother than expected - if you prepare properly, hire a good lawyer, and keep a level head.
As Alex puts it: "All your financial ducks need to be in a row." Sound advice, whether you’re buying a seafront apartment or a mountain escape.

Ready to take the next step?

If you’re thinking of buying a home in Spain and want a helping hand, we’ve got you covered. Check out our Spain Buyer’s Guide, browse property listings, or get in touch — we’re always happy to help.