Meet our partner
Buying a home in Spain involves more than agreeing a price. International buyers also need to prepare the right identification and banking arrangements, understand the legal status of the property, review the contract terms and complete the purchase before a notary.
Golf Homes International helps buyers find and assess suitable golf and lifestyle properties. The legal work is handled separately by the buyer’s appointed lawyer. Bringing both sides together early helps the property search and the legal process move in step, without blurring who is responsible for the advice.
Our partnership with Franke & de la Fuente
Franke & de la Fuente is an international law firm specialising in property transactions and international tax law. Its team supports international clients buying property in Spain, including with legal due diligence, purchase contracts, completion and related tax or relocation matters.
When a GHI client would like independent legal support, we can introduce Franke & de la Fuente. We remain focused on the property search and negotiation; the firm explains its own services, agrees its engagement directly with the buyer and remains responsible for the legal or tax advice it provides.
The introduction is optional. Buyers are always free to appoint their own lawyer and tax adviser.
The legal steps to buying property in Spain
The detail and timing vary from one purchase to another, but Franke & de la Fuente identifies five main stages that international buyers should expect. A lawyer should confirm how each stage applies to the property and the buyer’s circumstances.
In practical terms, the process usually moves through the following steps:
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Obtain an NIE
A Foreigner’s Identity Number is the tax identification number used by non-Spanish buyers for the purchase. It can be requested through a Spanish consulate, in Spain or through an authorised representative.
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Prepare banking and source-of-funds documents
A Spanish bank account is often useful for purchase payments and ongoing costs. Banks will also need evidence explaining where the purchase funds came from to meet anti-money-laundering checks.
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Complete legal due diligence
Before the buyer commits, the appointed lawyer checks ownership, Land Registry information, planning and building status, licences and any mortgages, debts or unpaid charges affecting the property.
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Review and sign the deposit agreement
The deposit or arras agreement records the property, price, completion date and the parties’ obligations. The consequences of withdrawing depend on its exact wording, so it should be reviewed before signature or payment.
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Complete before a notary and register ownership
The public deed is signed before a notary by the parties or their authorised representatives. The applicable taxes are then settled and the deed is lodged with the Land Registry so the buyer can be registered as owner.
Starting the legal work before signing a deposit agreement gives the buyer’s lawyer time to identify issues, explain the contract and coordinate the legal timetable with the proposed completion date.
What the legal due diligence should cover
Due diligence is the buyer’s opportunity to confirm that the seller can sell the property and to understand the legal obligations that will pass with it. The checks should be tailored to the home, its planning history and the way the buyer intends to own it.
Franke & de la Fuente highlights the following core areas for review:
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Ownership and Land Registry position
Confirm the registered owner and identify mortgages, liens, restrictions or other recorded charges.
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Planning and urban status
Check that the land and buildings comply with the relevant planning position and investigate any discrepancies.
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Building licences and completion documents
Verify the permits, licences and completion certificates that should exist for the property.
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Property-related debts
Check for outstanding taxes, community fees, mortgages or other unpaid amounts that may affect completion.
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Contract terms and documents
Confirm what the seller must provide, which conditions apply and what happens if either party does not complete.
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Completion timetable
Make sure the legal checks, finance, source-of-funds evidence and signing arrangements can be completed before the agreed notary date.
These checks are not a guarantee that every property will be problem-free. Their purpose is to identify the legal position before the buyer makes an irreversible commitment and to set out any protections or conditions needed in the contract.
From the deposit agreement to registration
A deposit agreement is a serious legal commitment, not simply a way to reserve a property. One commonly used form of arras can mean that a buyer who withdraws loses the agreed deposit, while a seller who withdraws must return twice that amount. Other deposit structures have different effects, so the signed wording matters more than the label or a customary percentage.
At completion, the public deed is signed before a notary and possession is handed over as agreed. The buyer then settles the applicable purchase taxes — generally Transfer Tax for a resale, or VAT and Stamp Duty for a new-build, subject to the property and current rules. The deed and proof of tax payment are submitted to the Land Registry, followed by practical changes such as utilities, local property tax and community records.
Read the partner’s original guide The Legal Steps to Buying Property in Spain: A Complete Guide for International Buyers Franke & de la Fuente’s own overview of the legal stages for international buyers purchasing property in Spain. Read the original legal guide How GHI and the lawyer work alongside the buyer
A smoother purchase starts with clear responsibilities and direct communication between the buyer, the property adviser and the appointed lawyer.
- Golf Homes International
- We help the buyer define the brief, identify and assess suitable properties, coordinate viewings and support the property negotiation.
- Franke & de la Fuente
- The firm carries out the agreed legal or tax work, reports directly to the buyer and remains responsible for its advice and engagement terms.
- The buyer
- The buyer provides the information and source-of-funds evidence requested, takes independent advice and decides whether and when to proceed.
Where the buyer appoints Franke & de la Fuente, we can coordinate practical property information and timings with the legal team. Golf Homes International does not provide, direct or supervise legal or tax advice.
Frequently asked questions
Do international buyers need an NIE to buy property in Spain?
Yes. The NIE is the foreign buyer’s Spanish tax identification number and is needed for the purchase and related formalities. It can be requested through a Spanish consulate, in Spain or through an authorised representative. Allow time for the application before completion.
Do I need a Spanish bank account before buying?
A Spanish bank account is commonly used for purchase payments and ongoing property costs, although the exact banking arrangements depend on the transaction. Banks will ask for identity documents and evidence of the source and purpose of the funds.
What should a lawyer check before I sign a deposit agreement?
The review normally includes ownership and Land Registry information, mortgages or liens, planning and building status, licences, completion documents, property taxes and community debts. The lawyer should also review the contract terms and explain the consequences of paying the deposit.
What happens if a buyer or seller withdraws after signing an arras agreement?
It depends on the type and wording of the agreement. Under a commonly used penitential arras arrangement, the buyer may lose the deposit if they withdraw, while the seller may have to return twice the amount. A lawyer should explain the exact consequences before signature.
Can Golf Homes International give me legal or tax advice?
No. We provide property guidance and can introduce buyers to Franke & de la Fuente, but the firm is independently responsible for its own legal and tax services. Buyers may appoint any lawyer or tax adviser they choose.
Would you like to speak with Franke & de la Fuente?
If you are considering a golf or lifestyle property in Spain and would like independent support with the legal steps, Golf Homes International can introduce you to Franke & de la Fuente.
