Dreaming of a second stay under the Spanish sun? You are not alone. But beware: the legal rules of the game on the Costa differ day and night from what you are used to in the Benelux. Whereas in your own country you blindly trust the notary, in Spain this is a risky gamble. In this article, we explain why legal guidance is essential and how Confianz saves you from a financial hangover.
Short answer:
A Dutch-speaking Spanish lawyer is necessary because the Spanish notary - unlike in Belgium and the Netherlands - is no obligation to investigate debts, permits or urban planning illegalities. Without an in-house law firm like Confianz, the buyer bears all the legal risks himself.
For Belgian and Dutch buyers, this is a fundamental difference that often only becomes apparent when it is too late.
What does and does not a Spanish notary check?
This is one of the most frequently asked questions by Benelux buyers and immediately the crux of the problem.
The Spanish notary:
- verifies the identity of buyer and seller;
- Pour the agreements into a notarial deed (Escritura Pública);
- oversees payment upon signature.
The Spanish notary does not check:
- Whether the property is fully licensed;
- Whether construction violations exist;
- Whether there are any outstanding debts (IBI, community, mortgages);
- Whether the property is legally habitable or rentable;
- Whether the contracts protect your interests.
This means you buy in Spain in the state the property is in ('as is'), including all legal defects. Therefore, without your own lawyer, your security is not guaranteed. This distinction explains why, in practice, engaging a specialised Spanish lawyer like Confianz is indispensable in any real estate transaction.
Learn more about the duties of the Spanish notary here.
Why a specialist Spanish property lawyer makes all the difference
1. Legal and planning checks before you sign
In Spain, the principle is simple but risky: you buy the property in its condition, including hidden legal defects.
Our lawyers at Confianz therefore conduct a thorough preliminary investigation before any payment or signing, including:
- property control through the Spanish property register;
- review of mortgages, encumbrances and other charges;
- review of the situation within the Co-owners' Association;
- Control of permits and urban planning conformity;
- verification of residential and rental permits;
- Analysis of outstanding local taxes and community charges.
This stage prevents you from unknowingly assuming liabilities from the seller.
2. Contractual protection tailored to the buyer
The Spanish provisional sales contract (Contrato de Arras) is legally binding and determines:
- Whether you can recover your deposit,
- What conditions apply in case of problems,
- Who bears what risk.
Confianz:
- Drafts contracts or rewrites proposals from brokers;
- adds conditions precedent where necessary;
- Negotiates legal balances;
- Translates complex clauses into understandable language.
We also prepare a report describing the legal situation of the property. This way, you are not only legally strong, but you also effectively understand what you are signing.
Read more about purchase assistance here by our Dutch-speaking Spanish lawyer
3. Guidance until after the notarial deed
Many buyers think everything is complete after the key transfer. Legally, this is incorrect.
After the deed, Confianz provides, among other things:
- registration of your property in the Spanish register;
- correct filing of transfer or VAT taxes;
- administrative regularisation;
- follow-up on utilities and local taxes.
This prevents later fines, blockages or problems in case of sale or inheritance.
Expertise across borders: Spain, Belgium and the Netherlands
Buying property abroad not only affects Spanish law, but also has tax implications in your home country. This is where Confianz makes a difference.
We look beyond Spanish "bricks". Our team combines local Spanish expertise with a thorough knowledge of the Dutch and Belgian law. Whether it is estate planning, inheritance tax or structuring your purchase (private vs. company): we advise you integrally.
With us, you choose the absolute best in legal guidance. Our team consists of highly qualified lawyers who know the complex Spanish legislation inside out, but translate it into understandable and practical advice
The added value of Confianz for Belgian and Dutch buyers
Confianz accompanies real estate files taking into account three legal systems:
- Spanish law (real estate, taxation, urban planning),
- Belgian law (assets, succession, structure),
- Dutch law where relevant.
That combined approach is crucial at:
- joint purchases,
- succession planning,
- donations,
- or investments through companies.
Dutch-language legal guidance without noise
Confianz operates fully Dutch. This is not a detail, but an essential quality criterion.
Legal decisions require nuance. By explaining everything in your own language:
- you avoid misunderstandings,
- retains control of the file,
- and you can make informed decisions.
Clients especially appreciate the combination of accessible advice and legal depth, without unnecessary jargon.
Expertise without commercial pressure
Moreover, we work completely independent of brokers. Where an estate agent's aim is to close the sale, our sole aim is to ensure your safety. If the legal investigation is negative, we also dare to advise you to not buy.
Confianz and our Spanish lawyers handle files for Belgian and Dutch clients on a daily basis.
Our role is to make your purchase as legally correct and secure run.
Independent, transparent and solely in the client's interest.
Frequently asked questions
Is a Spanish lawyer required by law?
No, but given the limited role of the Spanish notary, a lawyer is essential in practice to avoid legal and financial risks.
When is it best to contact Confianz?
Ideally before you sign or pay for anything. Once a booking contract is signed, the terms are largely fixed.
Questions about buying property in Spain?
Are you considering buying, selling or restructuring property in Spain?
Or would you like legal advice clarity before making a decision?
Please feel free to contact Confianz for initial discussion.
For additional insights and practical examples, you can also listen to our podcast Confianz: After Hours, clearly explaining Spanish real estate and legal topics
