Buying property in Spain step by step, from offer to keys

Buying property in Spain step by step: the offer, the NIE, the checks, the deposit, the notary, the taxes and the registry, and who does what at each stage.

Last checked 17 October 2026

What you will learn

• Every step from offer to keys, in the right order
• What the deposit contract (arras) means for you
• What the notary checks and what happens afterwards

Buying property in Spain follows a fixed order, step by step: an accepted offer, a reservation, your NIE number and the money, the legal checks, a private contract with a deposit, the deed signed before a notary, then the taxes and the land registry. Each step has its own documents and its own people. On a resale without a mortgage, the route from accepted offer to keys often takes one to three months, and the private contract fixes the date. Here is each step in order, with who does what.

Step one: the offer

The offer. You make your offer in writing, through the agent or directly to the seller. Agree the price and exactly what it includes, such as furniture, a garage or the date you want to complete, before anything is signed. If the seller accepts, many buyers pay a small reservation deposit so the house comes off the market while their lawyer starts the checks.

Before any money changes hands. The Spanish notaries advise taking advice before you hand over money, even a small deposit. The law also gives you a right to information. Under article 31 of the Spanish housing law, Ley 12/2023, a buyer can ask, before signing and before paying anything, for the seller's identity, the full price and what it covers, the habitability certificate, the useful and built areas, the energy certificate, the registry details with any charges, and whether the house is occupied. Ask for these in writing. A reservation agreement should also say when the deposit comes back to you, for example if the checks find a problem.

Your NIE number and the money

The NIE number. Every buyer needs a Spanish tax identification number, which for a foreigner is the NIE. Spanish notarial law requires everyone who signs a property deed to show this number, and the land registry will not register a deed without the numbers of all parties. You can apply in Spain or at a Spanish consulate, and consulates quote two to three weeks, so start early. Our guide to the NIE number in Spain explains the form, the fee and the routes.

The money. The notary must record in the deed how the price was paid, so plan to pay by bank transfer or by a nominative bank cheque, which is what the notaries recommend. Most buyers open a Spanish bank account for the purchase and for the bills that follow. If you borrow, the mortgage law gives you time to think: under Ley 5/2019 the bank must give you its binding offer, the FEIN, at least ten calendar days before signing, and you meet a notary of your choice beforehand, at no cost, who checks that you received every document.

The checks before you sign

The legal checks. This is the work of your lawyer, who should be independent of the seller and of the agent. It starts with the nota simple from the land registry, which shows who owns the property and what charges sit on it, such as a mortgage or an embargo. The lawyer then compares the registry with the Catastro, checks the licences, and asks for the last IBI receipt and, where there is a community of owners, a certificate of the community fees. Unpaid IBI and recent community fees can follow the house to its new owner. Our guide to property due diligence in Spain goes through each check.

The private contract and the deposit

The private contract. Spanish law does not require a private contract before the deed, but most resale purchases have one. It fixes the price, the date of the deed, the deposit, what is included and any conditions, for example the approval of a mortgage. The energy certificate belongs here too: a copy of the registered certificate and its label is annexed to the sale contract.

The deposit, or arras. The usual form refers to article 1454 of the Spanish Civil Code: if the buyer withdraws, the buyer loses the deposit; if the seller withdraws, the seller pays it back twice over. The amount is negotiated, and 10% of the price is a common figure. A contract can also set up other kinds of deposit with different effects, so ask your lawyer to confirm which one you are signing before you sign it.

The deed before the notary

Choosing the notary. The buyer has the right to choose the notary, and every notary is impartial. Before the signing, the notary checks the identity of both parties, the seller's title, the registry entry and its charges, the community fees certificate, the cadastral data, the energy certificate and how the price is being paid. If the house is the seller's family home, the spouse's consent may be needed. The Spanish notaries' guide to buying a home sets out these steps in English.

The signing. Buyer and seller, or their representatives with a power of attorney, sign the deed (the escritura) at the notary's office. Under the Civil Code, signing the deed counts as delivery of the property, so the keys are normally handed over the same day. By default the seller pays for drawing up the deed and the buyer pays for the first copy and what follows, unless the contract says otherwise, so read that clause.

If the seller does not live in Spain. The buyer must hold back 3% of the price and pay it to the tax agency within one month of the sale, using form 211. If it is not paid, the property itself answers for the seller's tax. The municipal plusvalía tax is the seller's tax, but when the seller is a non-resident individual the law makes the buyer responsible for paying it, so your lawyer will usually keep back an amount for it at the deed.

Taxes, the registry and the first weeks

The purchase tax. On a resale in the Comunitat Valenciana the transfer tax (ITP) is 9% since 1 June 2026, and 11% where the property is worth more than one million euros, under Ley 5/2025. It is calculated on the higher of the price and the official reference value of the property. A new build carries 10% VAT and 1.4% stamp duty instead. The return is due within a short deadline after the deed, so most buyers leave it with the notary or the lawyer. For every cost on top of the price, read what it really costs to buy a house in Spain.

The land registry. The notary sends an electronic copy of the deed to the land registry on the day of signing. Once the tax is paid, the registry records you as the owner. Registration is what protects you against third parties: under the Spanish mortgage law, a title that is not registered does not affect them, and a buyer in good faith who registers keeps the property even if the seller's own title later fails for a reason the registry did not show.

The first weeks. Put the water, the electricity, the IBI and any community fees in your name, on direct debit from your Spanish account. In the Valencian region the building law tells water, gas and electricity suppliers to ask for the occupation licence when they sign a new contract, which is one more reason to see that licence before the deed. Keep the copy of the deed that the notary gives you somewhere safe.

Every purchase has its own details, so confirm the tax and legal points of your own case with an independent lawyer or tax adviser before you sign. The practical rule: have your NIE and your lawyer in place before you make an offer, and the rest of the route can run on time. When you are ready to look, start with the villas for sale in Moraira.

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Written by Nicolas Strebel.