Buying Property in Spain in 2026: Key Legal Steps, Costs and Timeline
Buying a home in Spain is safe when every step is done in the right order and with the right checks. Most problems we see come from paying a deposit too early, signing a contract nobody has reviewed or discovering debts and planning issues after completion. This checklist walks you through the key legal steps of buying property in Spain in 2026, with the approximate timeline and the taxes and costs you should budget for, using Andalusia and the Costa del Sol as the reference.
Timeline at a glance
| Stage | What happens | Typical timing |
|---|---|---|
| Preparation | NIE, bank account, budget and, if needed, mortgage approval | 1–4 weeks |
| Reservation | Small deposit to take the property off the market | Day 0 |
| Due diligence | Registry, debts, planning and community checks by your lawyer | 1–2 weeks |
| Private contract (arras) | Usually 10% of the price; sets the completion date | 2–3 weeks after reservation |
| Completion | Signing of the public deed before a notary and payment of the balance | 4–8 weeks after the private contract |
| Post-completion | Taxes, Land Registry, Catastro and utilities | 1–3 months |
Step 1. Prepare before you make an offer
Get your NIE
Every foreign buyer needs a Spanish tax identification number (NIE) to sign and pay taxes. It can be requested at a consulate or in Spain, or through a representative with a power of attorney. See our guide on how to get an NIE before buying property.
Open a Spanish bank account and check your financing
A local account makes it easier to pay taxes and utilities. If you need a mortgage, get approval in principle before signing any deposit agreement: non-residents usually obtain a lower loan-to-value than residents.
Decide whether you will sign in person
If you cannot travel to Spain, a Spanish power of attorney allows your lawyer to sign on your behalf.
Step 2. Reservation agreement
Estate agents often ask for a reservation deposit (often a few thousand euros) to take the property off the market. Before paying, make sure the reservation document says clearly whether the deposit is refundable if the legal checks reveal problems.
Step 3. Legal due diligence
This is the most important step and should be done before the main deposit. Your lawyer should check:
- Ownership and charges in the Land Registry (nota simple): who owns the property and whether there are mortgages, seizures or other charges.
- Debts linked to the property: IBI, community fees, utilities and municipal taxes. See how to verify property debts in Spain.
- Planning status: licence of occupation, whether extensions and pools are legal, and any open infringement proceedings.
- Catastro: that the description and surface area match the Land Registry and reality.
- Community of owners: statutes, fees and planned works, and whether holiday rentals are allowed.
Step 4. Private purchase contract (arras)
The private contract fixes the price, the completion date and the conditions of the sale. In Spain the most common format is the contrato de arras penitenciales: the buyer pays a deposit, usually 10% of the price; if the buyer withdraws, they lose it, and if the seller withdraws, they must return double. Have the contract reviewed by your own lawyer, not only by the agent. Our article on common contract clauses for homebuyers in Spain explains what to look for.
Step 5. Completion before the notary
On completion day the buyer and the seller (or their representatives) sign the public deed of sale (escritura de compraventa) before a notary, the balance is paid, usually by bank cheque or transfer, and the keys are handed over. If the seller is a non-resident, the buyer must withhold 3% of the price and pay it to the tax office on account of the seller’s capital gains tax.
The notary checks the identity of the parties and the legality of the deed, but does not review the planning status or negotiate on your behalf. That is the job of your lawyer.
Step 6. After completion
- Pay the purchase taxes within the deadline (generally one month in Andalusia).
- Register the deed in the Land Registry to be protected against third parties.
- Update the owner in the Catastro and transfer the utilities and the IBI.
- If you will rent the property, register it before advertising.
Taxes and costs when buying property in Andalusia (2026)
| Type of property | Main tax | Rate |
|---|---|---|
| Resale property | Transfer tax (ITP) | 7% general rate, on the higher of the price and the Catastro reference value |
| New build bought from a developer | VAT (IVA) + stamp duty (AJD) | 10% VAT on homes + 1.2% AJD |
Reduced rates exist for some main residences, for example for young buyers or properties below certain values. On top of the taxes, budget for notary and Land Registry fees, legal fees and, if applicable, mortgage costs. More detail in our guide to property tax in Spain for Marbella buyers.
Common legal mistakes buyers make
- Paying the 10% deposit before the due diligence is finished.
- Relying only on the agent or the notary instead of an independent lawyer.
- Ignoring the planning status of extensions, terraces or pools.
- Not budgeting for taxes based on the reference value, which can be higher than the price.
- Forgetting the 3% withholding when the seller is a non-resident.
Frequently asked questions
How long does it take to buy a property in Spain?
Usually between six and twelve weeks from reservation to completion, depending on the checks, the financing and the agreed date.
How much are the taxes when buying a property in Marbella?
7% transfer tax for resale properties in Andalusia, or 10% VAT plus 1.2% stamp duty for new builds, plus notary, registry and legal fees.
Can I buy property in Spain without travelling?
Yes. With a power of attorney, your lawyer can obtain your NIE, sign the contracts and complete the purchase on your behalf.
Is the notary enough to protect me?
No. The notary certifies the deed but does not check planning issues or negotiate the contract for you; an independent lawyer does.
Buy with an independent lawyer
Our real estate transactions lawyers in Marbella handle every step for international buyers, in English, from the NIE to the registration of the deed. Contact us before you pay any deposit.
This article is general information and does not replace legal advice for your specific situation. Last updated: October 2026.