A property lawyer is the professional who reviews, negotiates and defends your interests in any transaction involving a home or commercial premises in Spain: buying, selling, renting, inheriting or making a claim when something goes wrong. Their work starts long before the signing before the notary and, done well, avoids most of the problems that end up in court.

What a property lawyer does, step by step

In the sale and purchase of a home, which is the most common job, their tasks are usually these:

  1. Checking the property. They request the land registry extract (nota simple) from the Land Registry (Registro de la Propiedad) to see who the owner is and whether there are mortgages, seizure orders or other charges; they check the Cadastre (Catastro), any annual property tax (IBI) and community fee debts, and the planning status.
  2. Drafting or reviewing the deposit contract. The deposit contract (contrato de arras) sets the price, the deposit and what happens if someone pulls out. It is the document where most money is lost because of a badly written clause.
  3. Negotiating the sale and purchase contract. Deadlines, who pays each cost, how the seller’s mortgage is cancelled, the condition in which the home is handed over.
  4. Reviewing the title deed and going with you to the notary’s office. The draft is prepared by the notary, but the lawyer checks that it reflects what was agreed.
  5. Calculating and handling the taxes. Transfer tax (ITP) or VAT (IVA) and stamp duty (AJD) for the buyer; municipal capital gains tax (plusvalía municipal) and personal income tax (IRPF) for the seller.
  6. Registering the purchase at the Land Registry, which is what protects you against third parties.

Other cases where they get involved

  • Rentals: contracts, deposits, rent increases, non-payment and evictions.
  • Inheritances with property: allocation, ending co-ownership (extinción de condominio) and sale of the inherited house.
  • Construction defects and hidden defects: claims against the seller, the developer or the builder.
  • Owners’ associations: challenging resolutions, building works and debts.
  • Foreign buyers: foreigner’s identification number (NIE), notarised power of attorney to sign remotely and non-resident taxes.

How much does a property lawyer charge?

There is no official tariff in Spain: fees are unregulated and each law firm sets its own. In practice you see two approaches:

  • Fixed fee per job: reviewing the deposit contract, due diligence on the property, attending the signing. This is the most common in purchases and sales by private individuals.
  • Percentage of the price of the transaction, common when the lawyer handles the whole process, especially with foreign buyers.

The amount depends on the value of the home, on whether there are complications (charges, unregistered inheritances, tenants) and on whether it includes handling the taxes and the registration. Whatever the approach, always ask for a written quote that says what it includes and what it does not.

Notary or lawyer? They don’t do the same thing

This is the most common question. In Spain the notary is a public official: they certify that the parties sign what they sign, check their identity and review the legality of the deed, but they are impartial and do not defend either party. Their fees are set by an official scale.

The lawyer, by contrast, works only for you: they review the transaction from your side, warn you of the risks and negotiate the terms. That is why they are not alternatives: the notary is compulsory for the deed and the lawyer is optional, but is the one who protects you before you get to it.

When it is worth hiring one

Whenever a lot of money is at stake and you are not familiar with the process: a first purchase, a home with charges or tenants, an off-plan purchase, inheritances, purchases from abroad or any transaction in which the other side already has their own lawyer. Before taking the step, go over the most common risks when buying a home and, if you are short of the deposit, the options for buying without the 20%. If you are in any of those situations, you can tell a property lawyer about your case and we will put you in touch with a specialist.

Frequently asked questions

Is it compulsory to hire a lawyer to buy a home?

No. Spanish law only requires the deed before a notary if you want to register the purchase at the Land Registry. The lawyer is optional, but is the only professional who reviews the transaction with only your interests in mind.

What is the difference between a property lawyer and an estate agent?

The estate agent puts buyer and seller in touch and is paid for closing the sale. The lawyer does not sell anything: they check that the transaction is safe and defend you if there is a problem.

Can the same lawyer act for the buyer and the seller?

It is not advisable: their interests are opposed (price, deadlines, costs). The usual thing is for each party to have their own or, at least, for whoever hires the lawyer to know that the lawyer defends only them.

When should you hire one, before or after the deposit contract?

Before. The deposit contract is already binding and sets almost all the terms of the sale; reviewing it afterwards is of little use.