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How to buy a property in España step by step

Buying guide · España

Buying well starts before you hand over any money.

The standard process combines searching, budgeting, identification, legal and document checks, a contract, financing where applicable, the public deed, taxation and the Land Registry. The exact order varies depending on the property, location and parties involved.

Last reviewed: 8 August 2026 Jurisdiction: España General process · regional details separately
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Before you begin

First, identify your transaction

The same “I want to buy a property in España” may describe legally and tax-wise different transactions. The general sequence is shared, but some steps vary depending on the buyer, property and financing.

USE

Purpose

A primary residence, second home, retirement home or investment each involves different priorities and checks.

TYPE

Property type

New builds, resale properties, occupied properties, land and other assets do not follow exactly the same process.

PER

Buyer

Nationality, tax residence and purchase structure—individual or company—may affect the documentation and taxation.

FIN

Financing

A mortgage purchase adds a valuation, bank assessment, pre-contractual information and a mortgage notarial stage.

This page is the canonical guide to the process.

It explains the sequence. Tax rates, the consequences of a specific contract, NIE, mortgages and detailed due diligence are covered in their specialist guides.

Jurisdiction rule

Planning regulations, regional or provincial tax rules, and certain local requirements must be checked for the specific location.

Step-by-step process

Ten stages for organising a home purchase

Not every transaction involves a reservation agreement or deposit contract, and some stages overlap. Use this route as a control map, not as a substitute for reviewing the specific case.

Step 1Objective and budget

Intended use, area, total price and allowance for costs.

Step 2Financing

Liquidity, mortgage and a realistic timeline.

Step 3Identification

NIE and documentation where applicable.

Step 4Selection

Property, offer and conditions.

Step 5Due diligence

Ownership, encumbrances, Catastro, planning status and occupancy.

Step 6Reservation

Only once the conditions are understood and documented.

Step 7Contract / deposit agreement

If used, review its effects and conditions.

Step 8Prepare for completion

Funds, bank, documents and payment methods.

Step 9Notary

Execution of the deed and, where applicable, the loan.

Step 10Post-signing

Taxes, Land Registry, copies, utilities and records.

Steps 1–3 · Preparation

Calculate the full cost of buying before falling in love with a home

The budget should separate the price, taxes, completion costs, professional fees and, where financing is involved, mortgage-related expenses. There is no universal additional percentage valid for every España.

  • Define why you are buying and how long you expect to keep the property.
  • If you need a mortgage, compare financing options before taking on contractual commitments that are difficult to reverse.
  • Prepare documentation proving your identity, tax residence and financial capacity.
  • If you are a foreign national, arrange the relevant administrative identification in advance, including the NIE where required.
  • Organise the traceability of your funds; checks may vary depending on the transaction and the obliged entity.

The Ministry of the Interior maintains operational information on documentation for foreign nationals.

Home buying and selling process in España, from the search to the handover of keys
A purchase should be treated as a sequence of decisions and checks, not as a single signing event.

Steps 4–5 · Selection and verification

The right property must still pass the document review

Before paying a significant sum or signing a binding contract, it is advisable to verify the identity and authority of the seller and cross-check the property against several sources.

REG

Property Registry

It allows you to review registered ownership, rights and encumbrances. The nota simple is for information only; it should not be confused with a Land Registry certificate.

Primary source for ownership and registered encumbrances.

CAT

Catastro

It contains cadastral information and can be used to cross-check references, descriptions, and physical and tax details. It does not replace the Land Registry.

The Land Registry and Catastro serve different purposes.

URB

Planning

The legality of construction works, uses, licences, extensions or proceedings requires checks with the relevant authority.

A nota simple alone does not prove planning legality.

Checking that “the property exists in the Land Registry” is not the same as checking that the physical reality, Catastro and planning status match.Due diligence must separate these layers and resolve discrepancies before completion.
Due diligence guideNotary, Land Registry and Catastro

Steps 6–7 · Reservation and contract

Do not pay a deposit without knowing what happens if the transaction does not proceed

The General Council of Notaries notes that an arras contract is not compulsory. If a private agreement is signed, it may create obligations from that moment. In addition, not all amounts paid are automatically subject to the same legal regime.

  • Do not assume that a “reservation” and “earnest money” are legally identical.
  • Do not assume that all earnest money deposits are withdrawal deposits or that they always allow a party to withdraw by forfeiting an amount.
  • Identify what happens if financing is not obtained, an encumbrance emerges, or an agreed condition is not met.
  • Review the price, deadlines, payment method, included assets, handover of possession and outstanding documentation.
  • Check the applicable civil law; there are territorial specificities.

See the institutional explanation by Notariado on the earnest money contract.

A brief document can create a significant obligation

The document’s commercial name does not replace its content. Before signing, it is essential to understand the obligations assumed by each party, the conditions that apply and the applicable civil law.

Step 8 · If there is a mortgage

Financing has its own timetable and should not be treated as a subsequent formality

A mortgage involves a creditworthiness assessment, valuation and pre-contractual documentation within the framework of Law 5/2019 where applicable. Each lender’s commercial policy should not be confused with a universal legal rule.

SOL

Creditworthiness

The lender assesses income, debts, stability and any other information required for its risk decision.

TAS

Valuation

A mortgage valuation serves a specific financial purpose and is not equivalent to a market valuation.

FEI

Pre-contractual information

The FEIN and other applicable documentation allow the terms to be reviewed before signing.

NOT

Notarial stage

Within the relevant legal framework, there is a pre-loan stage of transparency and notarial advice.

The Banco de España explains, among other aspects, the valuation and costs associated with the mortgage.

Step 9 · Public deed

The notary’s office brings together checks, identity verification, payment methods and formalisation

Notariado explains that a sale and purchase can exist in a private document, but a public deed provides a higher level of legal certainty and is the usual title for registration in the Property Registry.

  • Identity and legal capacity of the parties.
  • Seller’s title and the applicable Land Registry status.
  • Statements regarding tenancies or occupancy.
  • Cadastral reference and certain documents relating to the property.
  • Means of payment used in the transaction.
  • Tax obligations and allocation of costs, as applicable and as agreed.

See the official guide from the General Council of Notaries on buying a home.

A notary does not replace prior due diligence

Notarial involvement provides checks and legal certainty, but it does not automatically make the planning, technical, contractual or tax verifications relevant to the specific property unnecessary.

Step 10 · After signing

The purchase does not end when you receive the keys

After the deed is signed, the applicable tax and registration obligations must be completed, documentation retained, and the practical management of the property organised.

TAX

Taxation

Identify the correct tax according to the type of transfer and jurisdiction. This guide does not publish a single regional rate.

REG

Registration

Submit the title for registration where applicable and review the Land Registry result.

DOC

Records

Keep the deed, proof of payment, tax filings, contracts and relevant technical documents.

GES

Management

Arrange community matters, utilities, insurance, direct debits and the new owner’s obligations.

Taxes within the process

First identify the type of transfer; then determine the jurisdiction

The AEAT distinguishes between transactions subject to IVA and transfers that fall under ITP. For usada housing, specific ITP rates and reliefs depend on the autonomous community or competent territory. For new-build properties, the framework may also include AJD, and special territorial regimes exist.

PurchaseWhat needs to be resolvedDetailed sourceWhat to avoid
Resale propertyWhether ITP applies and which tax base and treatment apply.Regulations of the autonomous community or foral territory, in addition to the national framework.Applying a rate from another region.
New buildVAT treatment and, where applicable, AJD.AEAT/BOE and territorial regulations for AJD; special regime where applicable.Automatically applying the common-regime territory to Canarias, Ceuta or Melilla.
Tax valueWhether the reference value or another tax-base rule affects the specific tax.Catastro and the competent tax authority.Confusing cadastral value, reference value, price and appraisal value.
Taxes when buying a homePurchase costs

Common mistakes

Six decisions that create avoidable problems

01

Paying too early

Handing over money without understanding the terms for refunds, breach or financing.

02

Looking only at the land registry extract

Ignoring Catastro, planning matters, the community, occupancy or physical discrepancies.

03

Confusing taxes

Using a generic national rate without identifying the type of transfer and autonomous community.

04

Leaving the mortgage until the end

Signing commitments without aligning the financial timetable and bank valuation.

05

Assuming that “registered” = “legal”

Land Registry registration does not replace a specific planning check.

06

Not documenting payments

Payment methods and the traceability of funds must be prepared and capable of being justified.

Verified official sources

Where to check each part of the process

Sources revisadas on 8 August 2026. Specialist articles must recheck any time-sensitive, geographical or numerical information before publication.

General Council of NotariesBuying a homeProcess, private contract, deed, notarial checks and subsequent formalities. Association of Property RegistrarsProperty RegistryLand Registry function, property report, certificate, and disclosure of rights and encumbrances. Directorate-General for the CadastreCadastre–Land Registry coordinationDifferences and coordination between Cadastre and Land Registry information. Tax AgencyIVA or ITP when buying a home?Official framework for distinguishing indirect taxation according to the type of transaction. Ministry of the InteriorDocumentation for foreign nationalsNIE and documentation procedures; forms and fees are time-sensitive. BOECivil CodeGeneral civil framework for sale and purchase transactions and obligations, subject to regional civil-law specialities. BOEMortgage ActPrimary legal framework for the Land Registry and registered rights. BOELaw 5/2019 on mortgage creditFramework for transparency and borrower protection in transactions within its scope.

Continue by topic

Specialist guides for every decision point

Real estate guide to EspañaGeneral hub for buying, selling, ownership, financing and investment. Buying as a foreigner or non-residentDifferences in identification, financing and taxation depending on status. Reservation and deposit contractWhat to check before handing over money or signing a private commitment. Property due diligenceLand Registry, Cadastre, planning, community, occupancy and documentation. New build vs resaleDifferences in process, guarantees, documentation and taxation. Mortgage for buying a homeFinancing, valuation, pre-contractual information and signing.

Frequently asked questions

Buying a home in España

Define your purchase objective and a realistic total budget. Before making any commitments, it is advisable to know whether financing will be available and what costs, taxes and checks may be added to the price.

No. Notariado confirms that an earnest money agreement is not mandatory. If signed, it is a valid contract and its consequences depend on the wording, the type of earnest money agreed and the applicable civil law.

No. It is a very important Land Registry source, but it is for information purposes and does not replace cadastral, planning, community, occupancy or technical checks where relevant.

Notariado explains that a sale can be formalised in a private document, although a public deed provides greater legal certainty and is the usual document for registering the property in the Land Registry. A mortgage transaction entails its own deed and registration requirements.

The foreign buyer's identification must be arranged for the relevant financial and administrative procedures. The NIE is a central part of this process. The applicable route, form and documentation should be checked with the Ministry of the Interior for the specific situation.

No. Indirect tax treatment depends on the type of transfer. sada resale properties and new-build properties are subject to different frameworks, and regional or foral components must be determined for the specific location.

An early reservation may be possible, but it should not be signed or paid without fully understanding its terms, how the deposit is handled and what happens if subsequent checks identify a problem.

There is no universal timeframe. It depends on documentation, negotiation, financing, property type, due diligence issues, the availability of the parties and contractual terms.

The notary carries out important legal checks, but the planning legality of a property may require specific enquiries with the competent authority regarding planning, permits, works, use or proceedings.

It should not be presented as a universal legal requirement for every property sale. However, an independent legal review can be particularly useful where there are private contracts, foreign buyers, financing, documentary discrepancies, planning matters, occupants or complex purchase structures.

Notice: This content is for information purposes only and does not constitute personalised legal, tax, financial, mortgage, technical or notarial advice. Rules, procedures and requirements may depend on the autonomous community, foral territory, municipality, tax residence, property type, financing and the transaction date. Check the current official sources and consult the appropriate professional for your case.

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