Buying property in Spain — the complete UK-buyer guide.

Buying property in Spain is not harder than buying in the UK — it is just different. The process is faster (6-10 weeks vs. 12-16 in the UK for a typical purchase), the notary plays a bigger role, and the taxes are paid to different offices in a different order. This guide walks through the entire process from "we like this town" to "here are the keys", with citations to the Civil Code and Land Registry Law where they matter.

The 12-week purchase timeline

Five phases from instruction to registered ownership.

1. Weeks 1–2

   Set up & instruct

   NIE, Spanish bank account, independent lawyer engaged, reservation deposit terms negotiated.

2. Weeks 2–4

   Due diligence

   Nota simple, catastro, urbanism, community fees, energy certificate, licence history.

3. Weeks 4–5

   Arras contract

   10% deposit under arras penitenciales. Mortgage-condition-precedent clause if borrowing.

   Commit point

4. Weeks 6–8

   Notary completion

   Escritura signed. 97% to seller, 3% held back on non-resident sales. Keys handed over.

5. Weeks 8–12

   Post-completion

   Taxes filed within 30 days. Deed registered. Utilities transferred. Modelo 210 scheduled.

1. Weeks 1–2

   Set up & instruct

   NIE, Spanish bank account, independent lawyer engaged, reservation deposit terms negotiated.

2. Weeks 2–4

   Due diligence

   Nota simple, catastro, urbanism, community fees, energy certificate, licence history.

3. Weeks 4–5

   Commit point

   Arras contract

   10% deposit under arras penitenciales. Mortgage-condition-precedent clause if borrowing.

4. Weeks 6–8

   Notary completion

   Escritura signed. 97% to seller, 3% held back on non-resident sales. Keys handed over.

5. Weeks 8–12

   Post-completion

   Taxes filed within 30 days. Deed registered. Utilities transferred. Modelo 210 scheduled.

Step 1 · Decide the town, then the property

UK buyers often reverse this: they fall in love with a specific villa online, then discover it is in a municipality with 12% property tax rates and no reliable internet. Andalucía has 780 municipalities and the tax, licence and community rules vary meaningfully between them. Spend a long weekend in the town before committing. Manilva, Estepona, Marbella and Mijas — the four westernmost Costa del Sol municipalities — feel similar to visitors but differ substantially on paper.

Step 2 · Get your NIE

The Número de Identidad de Extranjero is a Spanish tax ID. You cannot sign a purchase deed without one. It is regulated by Real Decreto 557/2011 (Reglamento de Extranjería). Two routes:

• At a Spanish consulate in the UK — free, but appointments book 6-12 weeks ahead.
• In Spain, via your lawyer with a Power of Attorney — €150-€200 in professional fees, delivered in 2-3 weeks.

The NIE is permanent and does not expire (though the physical certificate can look "expired" — the number itself never does).

Step 3 · Open a Spanish bank account

You will need one to pay the property taxes, community fees, IBI and utilities. Non-resident accounts are opened routinely by the major Spanish banks (Santander, BBVA, Sabadell) with your NIE, passport and a UK utility bill. Fees vary — expect €80-€150/year in maintenance charges for a basic non-resident account.

Step 4 · Engage an independent lawyer

Independent means: not on the estate agent's payroll, not on the developer's recommended list, not sharing an office with the seller's gestor. The lawyer your agent "recommends" is often paid a referral fee that comes out of the fee you pay — so the incentive to point out problems is muted.

A good independent lawyer will insist on completing due diligence before you sign the reservation contract, not after. If a lawyer tells you to sign first and check later, walk away.

Step 5 · Due diligence

Your lawyer requests, at minimum:

• Nota simple from the Land Registry — proves ownership, shows charges (mortgages, liens, easements).
• Catastro report from the Sede Electrónica del Catastro — the physical description of the property (footprint, boundaries, extensions).
• Urbanism report from the town hall — confirms the property complies with the town plan and licence.
• Community fee certificate — confirms the seller has no outstanding community debt.
• IBI receipt — confirms the annual property tax is paid up to date.
• Utility bills — confirms no unpaid electricity, water or gas.
• Energy certificate — required by law for all sales; not always volunteered.

Any of these coming back with problems is a red flag that must be resolved before deposit, not after. In Manilva specifically, the community fee certificate must cover both the block community and the supra-community for Duquesa properties — a common oversight.

Step 6 · Reservation contract

The reservation contract (contrato de reserva) takes the property off the market for typically 2-4 weeks in exchange for €3,000-€10,000. The estate agent's standard template usually favours the seller. Your lawyer negotiates the clauses — critically, a full refund if due diligence uncovers a material defect. Never sign a reservation contract without a lawyer reviewing it first.

Step 7 · Deposit contract (arras)

Once due diligence is clean, the arras contract (contrato de arras) follows, governed by Article 1454 of the Spanish Civil Code. Typically 10% of the purchase price is paid to the seller (or, better, held in escrow). Three types under Spanish law:

• Arras penitenciales (default) — either party can walk away. Buyer forfeits deposit, seller pays double the deposit back.
• Arras confirmatorias — deposit is confirmation of the sale; walking away means the other party can sue for specific performance.
• Arras penales — a penalty deposit; walking away triggers a pre-agreed penalty.

For UK buyers, arras penitenciales is normally preferable — the deposit is the maximum you can lose. Always include a mortgage-condition-precedent clause if you are borrowing: if the lender pulls out, the deposit is refunded.

Step 8 · Mortgage (if applicable)

Non-residents can borrow up to 60-70% of the lower of purchase price or bank valuation. Interest rates are competitive (typically Euribor + 0.9-1.5% for fixed-rate non-resident mortgages in 2026). The bank runs its own valuation and requires life insurance, home insurance and, often, an associated bank account with monthly direct debits. Full mortgage approval typically takes 4-6 weeks. The regulatory framework is Ley 5/2019 (LCCI), which imposes a 10-day pre-contractual information period the lender must respect.

Step 9 · Completion at the notary

On completion day the deed (escritura de compraventa) is signed at a Spanish notary. The notarial system is regulated by the Ley del Notariado (1862) and its modern regulation. Parties present: buyer (or their attorney), seller, estate agent (usually), your lawyer, the mortgage lender's representative (if borrowing). The notary reads the deed aloud (in Spanish), confirms both parties understand it, verifies funds have transferred, and signs. You get the keys immediately.

Taxes are paid within 30 days of completion:

• Resale: Transfer Tax (ITP) of 7% in Andalucía.
• New build: 10% VAT + 1.2% Stamp Duty (AJD).

Step 10 · Land Registry

Within 2-4 weeks after completion, the deed is registered at the Land Registry (Registro de la Propiedad), under the Ley Hipotecaria (1946). For Manilva properties, the competent registry is Estepona nº 1 or nº 2 depending on postcode. Once registered, you are the definitive legal owner and your ownership is protected against future claims by third parties.

Step 11 · Post-completion set-up

• Utilities transferred into your name (a task worth outsourcing to your lawyer's admin team).
• IBI standing order set up with your Spanish bank.
• First Modelo 210 (non-resident tax) filing scheduled — see our dedicated page.
• Spanish will drafted if you have not already — see our wills page.
• Tourist rental licence (VFT) applied for if you plan to let short-term.

Manilva-specific notes

• Land Registry: Estepona nº 1 or nº 2, not Málaga central.
• Andalucía transfer tax: 7% (general rate).
• Municipal capital gains tax (plusvalía): payable by seller by default; check your contract.
• Duquesa supra-community: always request the debt certificate separately from the block community.
• Casares Costa boundary: verify catastro coordinates for tax jurisdiction.

Cited legislation & official sources

• Código Civil (BOE). Article 1454 governs arras contracts.
• Ley Hipotecaria (BOE). Land Registry law governing inscription and title protection.
• Ley del Notariado (BOE). The regulatory framework for the Spanish notarial system.
• Ley 5/2019 (LCCI) — mortgage regulation (BOE). Pre-contractual information rights for mortgage borrowers.
• Real Decreto 557/2011 (BOE). Immigration regulation, including NIE issuance.
• Colegio de Registradores. Land Registry — where nota simple certificates are requested.
• Sede Electrónica del Catastro. Property tax record for physical description of the property.

Disclaimer. This guide is published by Duquesa Chambers for general information about the Spanish property purchase process for UK buyers. It reflects the law and procedure at the date of last review. It is not a substitute for advice tailored to a specific property. For representation on a purchase in Manilva, La Duquesa, Sabinillas or Casares Costa, contact us with the property link.