Why an independent Spanish lawyer?

Why choose Confianz for your property purchase in Spain? When buying property in Spain, Confianz guarantees your legal and fiscal security. Unlike in Belgium or the Netherlands, the Spanish notary has no obligation to investigate urban planning illegalities or debts. Confianz fills this crucial gap. Our team of Spanish lawyers will guide you through three phases: the in-depth legal audits (preliminary investigation), the contractual protection and the tax processing after the deed. This prevents you from unknowingly taking over debts or building violations from the seller.

Read more about the duties of a Spanish notary.

Phase 1: The Legal Preliminary Examination by Confianz

This is the foundation of our service. Before you sign even a single document or transfer a euro, Confianz carries out a strict check. We take on the role that you are used to in your own country from a notary, but which is lacking in Spain.

Expert Insight: "Our internal file data shows that around 80% of the Costa properties surveyed had irregularities. Think illegal attachments or outstanding debts with the community of owners that would pass to the buyer without our intervention."

The checks Confianz carries out are tailored to the type of property:

  • Existing property (Resale): We check urban planning reality. Are there any building violations? Is the residential permit (Licencia de Primera Ocupación) present? Are there any mortgages or encumbrances on the property?

  • New construction on plan: Confianz focuses here on your financial safety. We verify that the promoter has the mandatory bank guarantee (aval bancario) and whether the building permit has received final approval.

Confianz' advice: Do not pay a deposit before we have given the green light. In Spain, you buy 'as is' (in the state it is in), including all legal defects.

Phase 2: Contractual Protection and Preparation

Is the legal investigation by Confianz completed positively? Then we start the contractual phase. We draft the contracts or rewrite the estate agent's proposals to maximise the protection of your interests.

Read more about the practicalities of the buying process in Spain.

The contract of sale (Contrato de Arras)

This document is legally binding. Upon signing, you will usually pay 10% of the purchase price.

  • Your protection: Confianz adds dissolving conditions if necessary. Without these clauses, you will lose your deposit of 10% if you are unable to complete the sale (for example, due to failure to obtain a mortgage).

  • Negotiation: We engage in discussions with the selling party to ensure a balanced contract.

Complete unburdening

Confianz takes care of the red tape in parallel:

  1. NIE Number: We ask your Número de Identidad de Extranjero to.

  2. Banking: We accompany the opening of your Spanish third-party account or bank account.

  3. Proxy: To avoid unnecessary travel costs, Confianz can sign the documents for you on the spot via notarised power of attorney.

The process culminates at the notary (Notaria), where the Escritura Pública is passed. Confianz will be present (physically or by proxy) to check the deed and supervise the key transfer.

Phase 3: After the deed

Many buyers underestimate the period after the key transfer. Confianz will ensure that the property is also correctly registered in your name administratively, so you will not face any fines or problems later.

Our wrap-up work includes:

  • Registration: We take care of the registration of the notarial deed in the Spanish language Land register (Registro de la Propiedad). This is your only proof of ownership against third parties.

  • Tax clearance: Confianz calculates and submits the taxes (ITP for existing construction or IVA/AJD for new construction) within the statutory deadlines.

  • Utilities: We put water, electricity and municipal taxes (IBI) in your name and arrange direct debits.

Conclusion: choose security, choose Confianz

Buying in Spain without specialised guidance is a risk you don't need to take. By engaging Confianz, you are choosing an independent party that speaks your language and knows Spanish law inside out.

Do you want to enjoy your Spanish home without worries? Take contact contact Confianz for a no-obligation discussion about your plans.

Frequently asked questions (FAQ)

Is it compulsory to use a lawyer for a purchase? Legally, a lawyer is not obligatory, but given the lack of notarial investigation duty in Spain, it is highly recommended. Without Confianz's checks, you have no certainty about the legality and indebtedness of the property.

What is the added value of Confianz compared to a local Spanish lawyer? Confianz combines local Spanish expertise with the service and communication you are used to in Belgium and the Netherlands. We speak your language, understand your tax situation in your home country and work completely transparently and independently from estate agents.

When should I contact Confianz? Contact us before you sign or pay anything. Once a reservation contract is signed, the terms are fixed. Confianz can best protect you if we are involved from the start of your search or as soon as you have a property in mind.

Does Confianz also arrange the connection of water and electricity? Yes, this is part of our post-deed (post-closing) service. We ensure that all contracts and municipal taxes are correctly transferred to your name and domiciled.

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.

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