The legal process
So you’ve found the perfect home and your offer has been accepted. Now it’s time for your lawyer to get started. We strongly recommend you engage a Spanish lawyer, and we can recommend an independent, English-speaking lawyer to act on your behalf for all of the conveyance legalities.

Resale properties - exchange private contracts
It takes around two weeks to exchange, during which time your lawyer will check the Title Deed, carry out Land Registry checks and make sure that local taxes, rates and utilities are all up to date.

The contract will set out the agreed terms of purchase, stating that any outstanding debts must be cleared before completion and whether the purchase is subject to any further conditions or checks.

A date for final completion will be agreed at this stage and you’ll pay a 10% non- refundable deposit directly to the vendor or developer.

Buying off-plan
If the property you’re buying is still being built, instead of exchanging private contracts, the developer will provide you with a bank bond or insurance certificate. This acts as a simple guarantee that if for any reason the property can’t be finished, you’ll get your money back with interest (though it’s worth noting that this has never happened to any of VIVA’s clients).

Your lawyer will make sure this is received before your deposit is handed over. The deposit you pay will vary depending on the development - it can be anything up to 40% of the purchase price.

If you’re buying a property in a complex, the Title Deed will state what percentage of the communal areas, such as staircases, gardens and pool, are yours. This determines your contribution to the general maintenance costs.

Valuations and surveys
If you’re going to have a mortgage, the bank or mortgage provider will conduct an official valuation giving final approval and the value of your loan. They can also carry out survey at the same time, or we can arrange a private survey for you.

Final completion at the notary
The next stage is completion. This is when the public title deeds of purchase are signed before a notary (a local government official). If your purchase is financed by a mortgage, the bank’s local representative will also be there. At this point, your final payment is made and the property is yours.

Registration
After completion, the notary will fax a note of the title deed to the local land registry office. Your lawyer will pay all the relevant transfer taxes and register your title deeds. Final registration may take up to two months and your lawyer can send you a copy once it’s done. Your lawyer will also arrange to transfer accounts with local utility suppliers into your name and organise payment through your local bank.