The Conveyancing Process in Spain: Step by Step (2026)

If you’ve bought property in the UK, the Spanish process will feel both familiar and oddly different. The same fundamental steps exist — offer, due diligence, contract, completion — but the mechanics, timelines, and risk points are different.

This guide walks you through the complete conveyancing process, step by step, from first offer to registered ownership.

Step 1: Making an Offer

Unlike the UK, offers in Spain are typically made verbally through the estate agent, then confirmed in writing. There’s no formal offer process like the UK’s Memorandum of Sale.

• The estate agent presents your offer to the seller
• Negotiation happens through the agent
• Once verbally accepted, you move to the reservation stage
• Verbal agreements are not binding — until money changes hands and a document is signed, either party can walk away

Negotiation norms on the Costa del Sol: Properties listed at realistic prices (common with experienced agents) may have 3-5% room. Overpriced listings may have 10-15% room. Bank repossessions and long-listed properties offer the most negotiation scope. The market in 2026 is competitive in popular areas — don’t lowball on a property with multiple interested parties.

Step 2: Reservation Deposit (Señal or Reserva)

Once the price is agreed, you pay a reservation deposit to take the property off the market:

• Amount: EUR 3,000–10,000 (sometimes more for high-value properties)
• Paid to: The estate agent or directly to the seller (your lawyer should advise)
• Purpose: Holds the property while your lawyer conducts due diligence
• Duration: Typically 2–4 weeks
• Refundable? Should be, if due diligence reveals issues. Get this in writing.

Critical: Have your lawyer engaged before paying any reservation. The reservation document should state clearly that the deposit is refundable if the lawyer’s due diligence uncovers legal problems with the property.

Step 3: Due Diligence

Your lawyer’s investigation period. They will obtain and review:

Nota Simple (Land Registry Extract)

The most important document. Shows:

• Current owner(s) and their share of ownership
• Property description (size, boundaries, location)
• Any charges: mortgages, embargoes, anotaciones preventivas (preventive annotations)
• Any restrictions or conditions on the property

Cost: EUR 10–15 (online) or EUR 20–30 (at the registry office).

Cadastral Reference

The property’s tax identification. Your lawyer cross-references this with the Land Registry entry and the physical property to verify they all match. Discrepancies between cadastral records and reality are common — especially with older properties or properties that have been extended.

Planning and Building Licences

• Licencia de obra (building licence) — was the property built legally?
• Licencia de primera ocupación (first occupation licence) — has the finished building been approved for habitation?
• Certificado de no infracción urbanística — no outstanding planning violations

This matters enormously on the Costa del Sol. Illegal builds, unlicensed extensions, and properties on rural land without proper designation are common. Without proper licences, you may not be able to connect utilities, get a mortgage, obtain insurance, or sell the property later.

Debt Searches

• Outstanding IBI (property tax) — unpaid IBI can become a charge on the property
• Community fees — debts transfer to the new owner (the community can certify what’s owed)
• Utility bills — typically the seller’s responsibility but check
• Tax liens from Hacienda

Community of Owners

If buying an apartment or property in a development:

• Minutes of recent community meetings — any planned special assessments (derramas)?
• Current community fee level and payment status
• Any ongoing legal disputes or pending works
• Community rules that might affect you (pet policies, rental restrictions, renovation rules)

Step 4: Private Purchase Contract (Contrato de Arras)

Once due diligence is clear, you sign the contrato de arras. This is the binding commitment.

Types of Arras

Spanish law recognises three types, but the most common is:

• Arras penitenciales (Article 1454, Civil Code): Either party can withdraw, with penalties:
  • Buyer withdraws: loses the deposit
  • Seller withdraws: returns double the deposit

Your lawyer should confirm which type of arras the contract specifies — the other types have different implications.

What the Contract Should Include

• Full identification of buyer, seller, and property
• Agreed purchase price
• Deposit amount and payment confirmation
• Completion date (or deadline)
• Conditions (mortgage approval, resolution of legal issues)
• What’s included in the sale (furniture, fixtures, parking space)
• Distribution of costs (who pays what)
• Penalty clauses

Never sign a contrato de arras without your lawyer reviewing it. Contract law in Spain heavily favours what’s written. Verbal promises from the agent or seller mean nothing once the contract is signed.

Deposit

Typically 10% of the purchase price. Paid by bank transfer. Your lawyer should hold this in their client account or ensure it’s paid into an escrow arrangement — not directly to the seller.

Step 5: Pre-Completion

Between signing the arras and the notary appointment:

• Mortgage finalisation: If financing, the bank completes its valuation and issues the binding offer (FEIN). You have a 10-day reflection period before acceptance.
• Banker’s draft: Arrange the cheque bancario for the remaining balance. This is a certified bank draft — personal cheques are not accepted.
• Final checks: Your lawyer obtains an updated nota simple (24-48 hours before signing) to confirm nothing has changed.
• Utilities: Check meter readings, plan contract transfers.

Step 6: Completion at the Notary (Escritura Pública)

Everyone meets at the notary. This is simultaneously exchange and completion — there’s no gap between the two.

• The notary reads the entire deed aloud (in Spanish)
• If you don’t speak Spanish, a sworn translator (traductor jurado) must be present
• You hand over the banker’s draft for the remaining balance
• The seller hands over the keys
• Both parties sign
• If there’s a mortgage, the bank’s representative also attends and the mortgage deed is signed simultaneously

From this moment, you own the property. The escritura is the transfer of ownership. Land Registry registration (which happens afterward) gives you public protection against third-party claims — but the property is legally yours from the moment of signing.

Step 7: Post-Completion

After the notary:

1. Tax payment: ITP (or VAT + AJD) within 30 business days
2. Land Registry registration: Your lawyer submits the escritura for registration. Takes 2–8 weeks.
3. Utility transfers: Electricity, water, gas, internet contracts transferred to your name
4. Community notification: Inform the comunidad de propietarios of the change of ownership
5. Direct debits: Set up IBI, community fees, and utilities on your Spanish bank account
6. Home insurance: Arrange immediately (mandatory if you have a mortgage)

Timeline: How Long Does It Take?

• Cash purchase: 6–12 weeks from accepted offer to keys
• With mortgage: 8–16 weeks (mortgage approval adds 4–6 weeks)
• Off-plan/new build: 12–24 months (deposit to completion, depending on construction stage)

Frequently Asked Questions

📖 Related Guides

• Buying Property in Spain: Complete Guide
• Property Purchase Costs and Taxes
• Finding a Property Lawyer in Spain
• The Spanish Land Registry

Last reviewed: February 2026.