Buying a property in Spain is a dream for many, but the legal system works differently than in the UK or Northern Europe. Without proper "Conveyancing" (legal investigation), you risk inheriting debts or buying a property with illegal extensions. At Servinmosol, we act as your independent legal advisors. We check every detail so you can sign at the Notary with peace of mind, knowing your investment is 100% safe.
In Spain, debts (like unpaid Council Tax/IBI or Community fees) are attached to the property, not the person. If you buy without checking, you inherit the debt. We ensure the property is transferred free of charges.
Legal Checks for Buyers (Due Diligence)
Before you pay any deposit, our team performs a comprehensive investigation:
- Land Registry Check (Nota Simple): We verify the legal owner, mortgage status, and if there are any embargoes or rights of way on the land.
- Town Hall Legality: We ensure the property has no urban planning infractions and possesses a valid Habitation License (Cédula de Habitabilidad). Crucial for villas with pools or extensions.
- NIE Management: If you don't have your Foreigner ID Number yet, we process it urgently as it is mandatory to buy.
The "Arras" Contract (Reservation)
Once checks are clear, we draft a robust Deposit Contract (Arras). This binds both parties. It secures the price and completion date. If the seller pulls out, they must pay you double your deposit. This is your safety net before going to the Notary.
Completion Day at the Notary
The Spanish Notary certifies the identity of the parties, but they do not investigate the property for you. That is our job. On completion day:
- We accompany you to the Notary Office to translate and explain the Title Deeds (Escritura) before signing.
- We verify all payments are made correctly via Bank Cheques or OMF transfers.
- Tax Payment: We handle the payment of Transfer Tax (ITP) or VAT and register the property in your name at the Land Registry immediately.
Selling Your Property?
We also assist sellers to ensure a smooth transaction:
We calculate your Capital Gains Tax and "Plusvalía" beforehand so you know your net profit. We also handle the 3% retention for non-resident sellers, reclaiming any excess tax paid to the Spanish Tax Office if applicable.
Once you have the keys, our work continues. We set up Direct Debits (domiciliación) for water, electricity, and local rates (SUMA/IBI) in your name, so you don't have to deal with utility companies in Spanish.