What a property lawyer does
Buying a home in Spain works differently from most of northern Europe. There is no surveyor's report and no public agent who checks the paperwork for you. That job falls to your own lawyer.
A property lawyer checks that the home is registered in the seller's name and that it carries no mortgage, embargo or unpaid taxes. They check that the building and any extensions have the right licences. They read the reservation and purchase contracts before you sign them.
Most buyers also use the lawyer for the practical steps around the purchase. That means getting an NIE number, opening a Spanish bank account and paying the purchase taxes on time.
When you need one
You need a lawyer before you pay anything that you cannot get back. On the coast that is usually the reservation deposit, which takes the home off the market.
Many buyers only call a lawyer once they have found a home. That works, but it is better to choose one while you are still looking. You can then reserve quickly, and the lawyer can start the checks the same day.
You also need a lawyer when you sell, when you inherit a property in Spain, or when a home you own has an extension that was never legalised.
If you live abroad, a lawyer can also sign on your behalf with a power of attorney. That saves you flying in for each step, but it gives the lawyer wide powers, so read what the document allows before you sign it.
What it usually costs
Many lawyers on the coast charge around 1% of the purchase price plus 21% VAT. Most have a minimum fee, often about 1,500 euros, so a small apartment costs relatively more.
Some lawyers offer a fixed fee instead. A fixed fee is easier to compare, but check what it covers. The checks, the contracts and the notary appointment are usually included. The NIE, a power of attorney and tax returns can be extra.
Ask for the fee and what it covers in writing before you pay anything. A fee that is only given by phone tends to grow.
The lawyer's fee is a small part of the total. A resale home in Andalusia carries 7% transfer tax (ITP) on top of the price. A new build carries 10% VAT plus stamp duty instead.
On top of the taxes come the notary and the land registry. Together with the lawyer, most buyers set aside a little over 10% of the price for costs. Your lawyer should give you a written estimate before you reserve.
How a purchase works, step by step
The first step is the reservation. You pay a small deposit and the seller takes the home off the market for a few weeks.
The second step is the private contract. You usually pay 10% of the price, and the date for completion is set. Your lawyer should have finished the checks before you sign this contract. If you pull out after signing, you normally lose the 10%.
The third step is completion at the notary. You sign the deeds (escritura), pay the rest of the price and get the keys.
The last step is registration. The lawyer pays the taxes and registers the home in your name. This can take a few months, and you should receive the registered deeds at the end.
What is special on the Costa del Sol
Many homes on the coast are in urbanisations with a community of owners. Ask your lawyer to check the community accounts and any planned works, because unpaid fees follow the property.
Off-plan purchases are common too. Here the lawyer should check the building licence and that every payment is covered by a bank guarantee.
Older villas often have extensions, terraces or pools that were never legalised. Ask how the lawyer checks licences with the town hall (ayuntamiento), and what happens if something is missing.
Rules a lawyer must follow
A lawyer in Spain must be a registered member (colegiado) of a bar association. On the western Costa del Sol that is usually the Colegio de Abogados de Málaga, which lists its members online. You can ask for the member number and check it yourself.
A lawyer must also carry professional liability insurance. That protects you if a check is done badly.
What to watch out for
A lawyer recommended by the seller's estate agent may not be fully on your side. The agent is paid when the sale goes through, and you want a lawyer whose only job is to protect you.
Be careful with a fee that is not in writing, or one that changes later.
Do not pay a deposit before the lawyer has checked the land registry. The check is called a nota simple and takes about a day.
Vague answers about licences, debts or the community of owners are a warning sign. A good lawyer can tell you exactly what they check and how.
Questions to ask before you choose
Are you independent from the agent and the seller? What exactly do you check before I pay the deposit? Do you handle the NIE, the bank account and the notary?
Ask who you will speak to, and in which language. On the coast many firms work in English and Spanish, and some also speak German, Dutch or the Nordic languages. The list on this page shows which languages each firm works in.
Ask how you will hear about progress, and how fast they reply. A purchase can stall for weeks over one missing document, and a lawyer who answers within a day saves you a lot of worry. The list shows the reply time we measured for each firm.