Spanish Property Law

Expert Legal Assistance for Buying and Selling Property in Spain

If you are planning to buy or sell a property in Spain, understanding the legal process is essential to avoid complications and unexpected costs. Navigating the Spanish property market can be complex, especially when dealing with Spanish property law and potential language barriers.

At B&M Law LLP, we provide expert guidance on all aspects of Spanish real estate transactions. Whether you are buying a holiday home, selling an investment property, or handling property inheritance in Spain, our experienced team of Spanish property lawyers will support you through every step of the process.

Why You Need a Spanish Property Lawyer

Spanish property law differs from property laws in other countries, and the purchase or sale process involves several legal steps that may not be familiar to foreign buyers and sellers. A qualified Spanish property lawyer will:

  • Ensure that the property has a clean title and is free from debts or legal claims.
  • Draft and review contracts to protect your interests.
  • Handle legal and tax formalities with Spanish authorities.
  • Ensure compliance with Spanish property regulations.
  • Guide you through the process of securing a Spanish mortgage, if required.

Our team will make sure that your property transaction in Spain proceeds smoothly and efficiently.

Our Legal Services in Spanish Property Law

We offer comprehensive legal support for individuals and businesses investing in Spanish real estate. Our services include:

1. Legal Advice on Buying and Selling Property in Spain

We provide expert advice on the sale and purchase of Spanish real estate, including:

  • Verifying property ownership and title registration with the Spanish Land Registry (Registro de la Propiedad).
  • Reviewing contracts and ensuring compliance with Spanish real estate law.
  • Advising on legal issues related to urban and rural properties.
  • Handling negotiations and closing procedures.
  • Conducting due diligence to confirm that the property is free of encumbrances.

Buying property in Spain is a significant financial commitment, and having a Spanish real estate lawyer on your side helps to protect your investment.

2. Contract Review for Spanish Real Estate Transactions

A legally sound contract is essential to protect your interests. We can draft and review:

  • Purchase agreements – Ensuring that terms are clear and legally enforceable.
  • Deposit agreements – Advising on the terms of reservation deposits.
  • Rental contracts – For short-term and long-term leases.
  • Leaseback agreements – Ensuring that your rights as a buyer or seller are protected.

We will ensure that your contracts comply with Spanish property law and safeguard your interests.

3. Title Transfer After Death, Separation, or Divorce

Transferring property ownership due to death, separation, or divorce in Spain can be complex. Our team will assist you with:

  • Preparing the Deed of Transfer and registering the change with the Spanish Land Registry.
  • Advising on any inheritance tax liabilities.
  • Handling disputes over property ownership or division.

We can help you navigate the legal complexities of property inheritance in Spain and ensure that ownership is transferred smoothly.

4. Spanish Inheritance Law – Structuring Property Ownership

If you own property in Spain, planning ahead is essential to avoid future complications for your heirs. We can advise you on:

  • The best way to structure property ownership to minimize Spanish inheritance tax.
  • Drafting a Spanish will to ensure that your property is distributed according to your wishes.
  • The impact of EU Succession Law (Regulation 650/2012) on your Spanish estate.

Our team will help you create a clear and legally enforceable estate plan for your Spanish assets.

5. Creation of a Holding Company for Spanish Property

Owning property in Spain through a holding company can provide tax benefits and protect your assets. We will guide you through:

  • Setting up a Spanish holding company.
  • Transferring property ownership to the company.
  • Ensuring compliance with Spanish tax laws and corporate regulations.

A holding company can help you manage your Spanish property more efficiently and reduce your tax exposure.

6. Spanish Property Tax Advice

Understanding Spanish property taxes is essential to avoid penalties and reduce your tax burden. We provide expert advice on:

  • Capital Gains Tax – Calculating and paying tax when you sell a property.
  • Wealth Tax – Advising on how property ownership affects your Spanish wealth tax obligations.
  • Non-Resident Income Tax – For rental income from Spanish properties.
  • Inheritance Tax – Ensuring that your heirs comply with Spanish inheritance tax rules.

Our tax advisors will help you develop a tax-efficient property ownership strategy in Spain.

7. Legalization of Property-Related Documents

To ensure that your property documents are legally valid in Spain, we can assist with:

  • Obtaining apostille certifications.
  • Notarizing contracts and deeds with a Spanish notary.
  • Registering property documents with the Spanish authorities.

Properly legalized documents are essential for securing property rights and avoiding future legal challenges.

Why Work with Us?

Our team of experienced Spanish property lawyers provides strategic advice and practical solutions to make your property transaction in Spain as smooth and stress-free as possible.

We offer:

  • Expert knowledge of Spanish property law and real estate regulations.
  • Strong working relationships with Spanish notaries and land registries.
  • A bilingual legal team fluent in both Spanish and English.
  • Tailored advice to protect your financial and legal interests.

Whether you are buying, selling, or inheriting property in Spain, our team will handle all legal matters with professionalism and efficiency.

Contact Us

To find out how we can help with your Spanish property matters, call us at 0044 (0) 20 3865 5437 or contact us online. Our expert Spanish property lawyers are ready to assist you with every aspect of your property transaction in Spain.