What Legal Steps Are Involved When Buying Property in Spain?

From the first offer to the notary signing and beyond, every Spanish property purchase follows a defined legal sequence. Understand each stage — and what can go wrong without proper representation — before you commit.

Buying property on the Costa del Sol is exciting — but Spanish conveyancing follows its own rules, deadlines, and documents. Unlike in many Northern European countries, the notary does not represent you; they verify the transaction, not your interests. That is why every international buyer needs an independent lawyer from day one.

What happens when your offer is accepted?

Once a price is agreed, the offer is normally formalised in writing through your agent. At this stage nothing is legally binding — but the clock starts ticking. Your lawyer should already be engaged, because the next step involves paying money. At Mojo Estates, your Property Advisor and our in-house legal team at Mojo’s Legal Department coordinate from this moment, so no document is signed without legal review.

What is the reservation contract?

The reservation agreement (documento de reserva) takes the property off the market, typically for 2–4 weeks, against a deposit of around 1% of the purchase price (commonly 6.000 € – 20.000 € depending on price level). At Mojo, this reservation deposit is held in Mojo’s Legal Department’s dedicated client account — not paid directly to the seller — so your money is safeguarded while due diligence is carried out. Before you sign, your lawyer verifies that the seller actually owns the property and that no obvious legal issues exist. A properly drafted reservation contract may provide for the return of the deposit if material legal issues are identified during due diligence.

What is the private purchase contract (contrato de arras)?

The arras contract is the central private agreement of a Spanish purchase, normally signed 2–4 weeks after reservation. The buyer pays a deposit — usually 10% of the price, minus the reservation fee — and both parties commit to complete.

Under the standard arras penitenciales structure (Article 1454 of the Spanish Civil Code): • If the buyer withdraws, the deposit is forfeited. • If the seller withdraws, they must return double the deposit. This is why the contract wording matters. Mojo’s Legal Department drafts or reviews every clause — completion deadline, what is included in the sale, who pays which costs, and the consequences of delay — before you sign.

What happens at the notary?

Completion takes place before a Spanish notary, where the title deed (escritura pública) is signed, the balance is paid, and the keys are handed over. The notary verifies identities, checks the land registry status the same day, and confirms taxes will be settled — but does not advise either party.

If you cannot attend in person, a power of attorney allows Mojo’s Legal Department to sign on your behalf — a standard, secure solution used by most international buyers. Read more in Do You Need a Power of Attorney to Buy in Spain?

What happens after the deed is signed?

Signing the escritura is not the end of the legal process. Within two months, the purchase taxes (ITP for resale, or AJD on new builds) must be filed and paid, and the deed must be inscribed at the Land Registry. On top of the tax, budget notary and Land Registry fees of roughly 2.400 € – 3.000 € combined (set on a national sliding scale by property value), payable by the buyer. Utilities, community fees, IBI and waste fees need to be transferred into your name. If you are buying from a non-resident seller, your (the buyer’s) lawyer must also withhold 3% of the purchase price and pay it to the tax authorities on the seller’s behalf (Modelo 211) — Mojo’s Legal Department handles this withholding for you as part of completion.

Mojo’s Legal Department handles all of this as part of our complete conveyancing service — read What Happens After Completion?

What does legal representation cost?

Mojo’s Legal Department’s complete conveyancing service is priced at 1% of the purchase price + 21% IVA — and as a House of Mojo client you benefit from a 10% discount, bringing the fee to 0.9% + IVA (1.089% all-in). This covers due diligence, contracts, completion and post-purchase arrangements. See the full cost picture in How Much Does It Really Cost to Buy Property in Spain?

Are you protected if something goes wrong?

Spanish lawyers are required to carry professional indemnity (civil-liability) insurance for their work, and the lawyers handling your file maintain their own mandatory cover. The legal department is led by practising Spanish lawyers subject to professional regulation and ethical obligations — so your purchase is backed by more than a promise.

How is this different in Mallorca?

The legal process above is the same across Spain; only the purchase taxes differ. In Andalucía, resale transfer tax (ITP) is a flat 7%. In the Balearic Islands (Mallorca) it is progressive, charged in bands — each rate applies only to the portion of the price within that band:

Mojo handles transactions in both regions and applies the correct local rates to your purchase.

Related Guides

• What Does Legal Due Diligence Cover in Spain?

• What Is an NIE Number and How Do You Get One?

• How Does the Buying Process Work?

• Legal Department