Property Conveyance  

Buying Property 

Make an appointment with us before (or, at the latest, as soon as possible) you have found the property you want to buy - and before you have signed anything with either the estate agent or the seller.

As with any property purchase, it is essential to engage the Services of a qualified Solicitor or Lawyer. We provide a comprehensive conveyance service and we ensure that all facets of the transaction are carried out strictly in accordance with Spanish Law. In particular, we:

- Confirm that the seller of the property is the legal owner.

- Check whether there are any encumbrances (debts) on the property that may adversely affect the sale.

- Verify that the property, when built, has all the necessary licences and authorisations.

- Review the contract between buyer and seller in order to ensure that the rights of the buyer are fully protected.

- Prepare the necessary documentation for the signing of the public Title Deeds and arrange all necessary appointments.

- Accompany the client to the Notary and translate all legal documents.

- Arrange for the payment of any fees and taxes and for the Title Deeds to be inscribed in the local Land Registry.

- Register the buyer with the Spanish Tax Authorities and obtain the all important NIE number (Número de Identificación de Extranjeros). The NIE number is essential for Non-Residents and is required in the purchase of a house.

- Review the terms of the mortgage, if requested, and liaise with the Bank to sign the Title Deeds.

The Title Deeds (Escritura de Compra-Venta) contain a detailed description of the property, the conditions of the conveyance and the price of the property. Under Spanish Law, the Title Deeds must be signed by both parties (i.e. buyer and seller) before a Public Notary. The Notary is a highly qualified legal person who authenticates legal documents and gives faith to the identity of the parties and the date of the signatures and sets on public record that the Title Deeds have been signed in his/her presence.

In some circumstances, in the event that you are unable to attend the Notary meeting in person, you will be able to grant a Power of Attorney in favour of Your Tax World's solicitors, so that we can sign your Title Deeds on your behalf.

The last but all-important step in the whole conveyance procedure is the inscription of the Title Deeds in the local Land Registry (Registro de la Propiedad). This is an official registry and protects the rights of property owners. The inscription process takes several months from the date of signature of the Title Deeds at the Notary. Once the Title Deeds have been inscribed, we check to ensure that everything is in order and we normally retain all the documents for our client to collect at their convenience.

Remember that you are always free to choose which legal company represents you!

When buying property in Spain it is always best to appoint an independent Spanish law firm to act on your behalf. Any UK-based solicitor will have to collaborate with a Spanish law firm for access both to current local legislation and to the relevant local authority, tax and property registration offices, thereby incurring extra costs and fees for you! 

Selling Property 

Private Contract

To secure an offer on a resale property, it is common practice for the buyer and seller to make a "private contract" in advance of the official signing of the Title Deeds. Before signing any private contract offered to you by an estate agent, please get in touch with us so we can check it for you.

If you are not using the Services of an estate agency and you have found the buyer for your property, we will be pleased to draft the necessary contract for you.

The provision of funds we require from a vendor will vary and will cover Your Tax World's fees, any pending taxes (such as IBI and Plusvalía) and any pending expenses such as water or
electricity bills or Community of Owners payments. You can obtain full details from our Resale Department.

Once the conveyance procedure has been completed, you will be given a final breakdown of the account with all original invoices of the costs incurred - and a refund of any surplus balance from your provision of funds.