Conveyancing in Spain:
What It Means and Who Does It

If you have bought property in the UK, the word "conveyancing" means something specific: a solicitor handles searches, transfers the title, and acts entirely in your interest. Search for "conveyancing Spain" and you will find plenty of results, but Spain does not have conveyancing in the same sense. The process works differently, the roles are split between different professionals, and the gap between what UK buyers expect and what they actually get can be expensive if nobody explains it.

This guide covers exactly how property transfer works in Spain, what the notario (notary public) does and does not do, what an independent property lawyer does, and why you need both.

Spain Does Not Have Conveyancing: It Has Something Different

In England and Wales, a conveyancing solicitor does everything: they check the title, run local authority searches, draft the contract, exchange on your behalf, and transfer the funds. They act for you, the buyer or seller, and their job is to protect your interests.

In Spain, that work is split across two entirely separate roles.

The notario is not optional. You cannot complete a property purchase in Spain without one. But the notario is not your lawyer. They do not run the checks that protect you. That is what an independent property lawyer is for, and in Spain, hiring one is entirely your decision.

What the Notario Actually Does

The notario is a highly qualified public official appointed by the Spanish state. Their role at a property completion is formal and defined by law.

At the signing appointment, which takes place at the notario's office, they will read the entire escritura de compraventa (the public deed of sale) aloud in Spanish. Both buyer and seller must be present or represented by a power of attorney. The notario confirms that both parties understand what they are signing, verifies identity documents, and witnesses the transfer of funds. They then register the deed with the land registry on your behalf.

What the notario does not do: they do not check whether the property has outstanding mortgage debt, unpaid community fees, or IBI (annual property tax) arrears attached to it. They do not investigate planning history or check that any extensions or pools have the correct licences. They do not negotiate or advise on contract terms. They are not there to protect you from a bad deal. They are there to make the signing legally valid.

What an Independent Property Lawyer Does

An independent Spanish property lawyer, an abogado specialising in property law, does the work that protects your purchase before you commit to it. This is the equivalent of what a UK conveyancing solicitor would handle for you, and it happens before the notario is ever involved.

Nota simple: the land registry check

The first thing your lawyer requests is the nota simple, an official extract from the Registro de la Propiedad (land registry) that confirms who owns the property, its exact boundaries and description, and any charges or encumbrances registered against it. A mortgage the seller has not cleared, a lien from unpaid debts, or a right of way that was never disclosed will show up here. Your lawyer checks this before you pay a deposit.

Debts, charges, and community fees

The nota simple covers registered charges, but not all liabilities are registered. Your lawyer also checks for unpaid IBI (the annual property tax collected by the local town hall), outstanding community fees owed to the residents' community (comunidad de propietarios), and any unpaid utility bills. In Spain, certain property debts transfer with the property on sale, meaning you inherit them if nobody checks.

Planning and licences

Spain has a significant history of illegal builds: extensions, pools, terraces, and even entire properties built without planning permission. Your lawyer requests the relevant planning certificates and checks the property's legal classification. Rural properties (suelo rustico) carry particular risks, and properties on the coast may be subject to restrictions under the Ley de Costas (coastal protection law). An unlicensed extension does not void the sale, but it can create complications with insurance, future resale, and in some cases demolition orders.

The contrato de arras: deposit contract

Once checks are complete and you want to proceed, you sign the contrato de arras, a private purchase contract between you and the seller, signed before the notario is involved. Under the standard arras penitenciales terms, you pay a deposit (typically 10% of the purchase price). If the seller pulls out after this point, they must return double your deposit. If you pull out, you lose it entirely.

The contrato de arras is not a standard form. Its terms are negotiable, and the wording matters. Your lawyer reviews this contract before you sign it. Signing the arras without legal review is one of the most common and most costly mistakes buyers make in Spain.

NIE Number: You Need One Before You Can Complete

Every buyer in Spain, whether a resident or a non-resident, needs an NIE number (Numero de Identificacion de Extranjero, Spain's tax identification number for foreigners) before they can sign a property deed with the notario. Without it, the purchase cannot proceed.

Most property lawyers arrange the NIE as part of their service, usually as one of the first steps after you instruct them. If you want to understand the NIE process in more detail before appointing a lawyer, our guide to getting a NIE number in Spain covers the options and timelines.

What the Spanish Property Purchase Process Looks Like

For buyers coming from the UK or US, here is how the stages map out in practice:

What Does a Property Lawyer Cost in Spain?

Independent property lawyers in Spain typically charge around 1% of the purchase price, with a minimum fee of around 1,000-1,500 euros for lower-value properties. This covers due diligence, deposit contract review, NIE assistance, and completion. Some firms charge a fixed fee rather than a percentage, it is worth asking upfront.

The notario's fee is separate and paid by the buyer. It is set by a national fee scale and based on the declared value of the property, typically between 600 and 1,500 euros for most residential purchases. Land registry fees run to a few hundred euros more.

Neither of these is the biggest cost on a Spanish purchase. That is the purchase tax. On a resale property, ITP (property transfer tax) ranges from 6% in Madrid to up to 13% in the Balearics depending on the property value. On a new-build, you pay IVA at 10% plus stamp duty of around 1-1.5%. Your lawyer ensures these are calculated correctly and paid on time. You can run your own purchase through our ITP calculator to see the figure before your lawyer confirms it. For a full breakdown, read our guide to Spanish property taxes for foreign owners.

When Do You Actually Need a Property Lawyer in Spain?

The short answer: before you sign anything or pay any money.

Estate agents in Spain sometimes suggest you can manage without one, particularly for straightforward resale purchases in established areas. The risk is real. A property that looks clean at the viewing stage can have an unregistered mortgage, a disputed boundary, an unlicensed terrace, or a community fee debt that the seller has not disclosed. None of this appears on the escritura. None of it would be caught by the notario.

The contrato de arras is the point of highest risk. Once you sign it and pay the deposit, pulling out costs you that deposit. Discovering a problem after signing (a registered charge, a planning issue, a seller who does not have clear title) puts you in a position where your only options are to proceed anyway or lose your money.

A lawyer who reviews the nota simple and the arras contract before you commit catches these problems while you still have the option to walk away. If you are also buying in a less common area, buying off-plan, or purchasing rural land, the legal checks become more detailed, and more important. Our full guide to buying property in Spain as a foreigner covers the wider process in detail.

Frequently Asked Questions

Summary

Conveyancing in Spain works differently to the UK. The notario handles the legal authentication of the sale. They make the transaction official, register the title, and verify identities. But they do not act for you, and they do not run the checks that protect you from buying a property with hidden debts, planning problems, or a disputed title.

That protection comes from an independent property lawyer. They check the nota simple, review the deposit contract before you sign it, confirm there are no debts or charges that will transfer to you, and handle your NIE and post-completion tax filings. Their fee, typically around 1% of the purchase price, is one of the most straightforward costs in a Spanish purchase and the one most likely to save you from a significantly more expensive problem.

If you are also thinking about the ongoing tax side of ownership, our guide to Spanish property taxes for foreign owners covers what you will owe from the day you buy to the day you sell. And if you want to understand how to find the right firm, our guide to whether you need a property lawyer in Spain covers what to look for before you instruct anyone.