Engaging a specialised lawyer in Spain is necessary because - unlike in Belgium and the Netherlands - the Spanish notary has no obligation to investigate the legal and urban planning condition of the property.
Whereas the notary in the Benelux is your "legal safety net", the Spanish notary mainly acts as an administrative witness to the transaction. Your security, checking debts and verifying licences are entirely the responsibility of your legal advisor. Without your own lawyer, you run significant financial risks when buying, selling or inheriting.
At Confianz, we understand that quality legal guidance makes the difference between a dream property and a nightmare. Our team consists of highly qualified Spanish lawyers who proactively protect your interests so that you can invest with absolute certainty.
The crucial difference: notary vs lawyer in Spain
In Belgium and the Netherlands, the notary accompanies the entire transaction, from compromise to deed, and guarantees a safe transaction. In Spain, the situation is different. The role of the Spanish notary is limited to identifying the parties and confirming that payment has been made.
What the Spanish notary does NOT do:
- Check for construction violations.
- Check whether there are any outstanding debts (such as IBI or community charges) on the property.
- Defending your contractual interests in the purchase agreement.
Expert Insight: "Many buyers assume that the notary checks everything. The notary in Spain does not advise you or assist you with your purchase or sale.
Therefore, the adage "Better prevention than cure" nowhere more applicable than in Spanish real estate law. Your lawyer in Spain is the only party exclusively for your security works.
Learn more about the duties of a notary in Spain here.
1. You are buying a property in Spain: legal checks
Buying a house in Spain is a significant investment where you, the buyer, are responsible for the "legal health" of the property. Once you sign, in Spain you often also take over the debts and burdens of the previous owner if they have not been settled correctly.
Confianz lawyers conduct a thorough check before you even sign anything.
What is your lawyer investigating?
- Property check: Through the Note Simple (register extract) we verify who the real owner is and whether the property is free from seizure or mortgages.
- Urban planning situation: Was the property built legally? Are there any building violations? Is there a Licencia de Primera Ocupación (residential permit) present?
- Future plans: Can you build that swimming pool you have in mind? Can we obtain a rental licence for you?
- Charges: Have local taxes (IBI) and owners' association (Syndic) fees been paid?
Our specialists ensure that the seller makes all necessary regularisations (such as registering an extension in the property register) for the notarial deed. We draft the compromise and defend your interests until the transfer.
Read more about the buying process in Spain at resale and new construction.
2. You sell your house in Spain
When selling your Spanish property, a watertight contract is essential to avoid claims afterwards. The buyer should not be able to hold you liable for hidden defects after the sale, unless this is explicitly agreed or required by law.
Your legal protection when selling:
- Contractual Certainty: We draw up a purchase agreement that clearly defines your rights and obligations, so there are no surprises after the transfer.
- Financial Guarantees: We oversee the secure payment of the purchase price.
- Tax clearance: As a non-resident, the buyer retains 3% of the sale price as an advance on your taxes. We will take care of the correct settlement of the Spanish capital gains tax (Plusvalía Municipal and capital gains tax) and, if possible, apply for the refund of the overpayment.
Learn more about selling in Spain here.
3. Inheriting and Gifting in Spain
Inheriting Spanish property is complex because the estate has to be settled in two countries: the domicile country (Belgium/Netherlands) and Spain. As long as the inheritance in Spain is not formally completed and the inheritance tax is not paid, the bank accounts remain blocked and the property cannot be sold.
How Confianz unburdens you:
- No travel required: Through a notarised power of attorney, our lawyers handle the entire estate in Spain. You do not need to travel to Spain for this.
- Tax optimisation: We handle the declaration and payment of Spanish inheritance tax (Impuesto de Sucesiones), which can vary greatly from region to region.
- Donations: As part of inheritance planning, it can be fiscally beneficial to gift property during your lifetime. Our experts calculate the impact of Spanish gift tax and advise on the most advantageous route.
Frequently asked questions (FAQ)
Isn't a notary in Spain obliged to check the property for illegality? No, the Spanish notary has no duty to investigate the urban planning status of a property. He checks the identity of parties and payment, but not whether there are building violations or whether the property has the correct permits. That is the job of your lawyer.
What are the risks if I don't take a lawyer when buying in Spain? Without a lawyer, you risk buying a property with outstanding debts (which pass to you), building violations (which can lead to fines or demolition orders) or without a correct rental licence. You will then have little legal recourse against the seller.
Can Confianz settle a Spanish inheritance without me having to go to Spain? Yes. Confianz works with powers of attorney. This allows our lawyers to take all the administrative, tax and legal steps in Spain for you - from the acceptance of the inheritance to the registration in your name - without you having to be physically present.
Do you have questions about real estate in Spain? Or would you like to call on one of our lawyers in Spain? Then feel free to take contact on. We are at your disposal.
About the author: Glenn Janssens is a lawyer specialising in Spanish real estate transactions and tax regulations. Since 2017, he has been helping Belgian and Dutch individuals and entrepreneurs to safely purchase and structure real estate in Spain. He guides files from A to Z: from due diligence, ownership and tax control to estate planning and optimisation for residents and non-residents. Thanks to his years of experience, hundreds of handled files and focus on transparent communication, Glenn makes complex Spanish legislation understandable and practically applicable for every property buyer.
