Property lawyer in Spain: how to choose an independent one

Why your lawyer shouldn't be the agent's lawyer

An agent is paid when the sale completes. A lawyer who gets a steady stream of clients from that agent has a quiet reason not to raise problems that could stop the sale. The notary is no substitute either: a Spanish notary is impartial, checks identities and makes sure the deed is lawful, but does not act for you, visit the property or check planning status.

So choose a lawyer with no relationship with the agent, seller or developer, and ask them to confirm that in writing. If there is any connection, they should declare it.

Check they are a registered lawyer

In Spain only a member of a Colegio de Abogados can practise as an abogado. Before you engage anyone:

• Ask for their full name and colegiado number, and the colegio they belong to (for example Málaga, Alicante, Barcelona).
• Search the census of lawyers run by the Consejo General de la Abogacía Española, or contact the colegio directly.
• Ask for proof of professional indemnity insurance.
• Be wary of "legal advisers" or "consultants" who are not abogados. A gestoría handles paperwork and tax filings but is not a lawyer.

The engagement letter

Get an engagement letter (hoja de encargo) before you pay anything. It should cover:

• The property and the services included: checks, contract review, attending the notary, tax filing, registration.
• The fee, whether VAT is included, and what happens to the fee if the purchase falls through.
• Extra charges: power of attorney, NIE application, mortgage work, utility changes.
• Who handles your file and in what language.
• How client money (deposit and completion funds) is held.

Typical fee structure

Many firms charge around 1% of the purchase price plus 21% VAT, often with a minimum of €1,500–€2,000. Others quote a fixed fee. Expect extras for a power of attorney, NIE help, mortgage review or post-completion services. Costs are covered in our cost of buying property in Spain guide. A much cheaper quote often means fewer checks.

Due diligence checklist: what your lawyer should do

1. Get a fresh nota simple and confirm the seller owns the property and it is free of mortgages, charges and embargoes (or that they will be cancelled at completion).
2. Compare the Registry description with the Catastro record for the referencia catastral and with what is actually built.
3. Check with the town hall that the building and any extensions or pools are legal, that there are no open planning proceedings, and that a first occupation licence or equivalent exists where required.
4. For rural land, check land classification and any restrictions.
5. Get a certificate of community fees from the administrator and check for approved special charges (derramas).
6. Check the last IBI receipt and that utilities are paid up.
7. Confirm the property will be handed over empty, and address any tenants or occupiers.
8. For new builds: check the building licence and the bank guarantee or insurance for stage payments.
9. Draft or review the reservation and arras contract, including the type of arras. Under penitential arras (art. 1454 Civil Code) the seller who withdraws returns the deposit doubled.
10. If the seller is non-resident, arrange the 3% withholding from the price and file it on form 211.
11. After completion: pay the purchase tax, register the deed and put utilities in your name.

You can also run your own first look: enter the address or referencia catastral in our free property check and we'll get back to you by email.

Red flags

• The lawyer was introduced by the agent or developer and can't confirm independence.
• They won't give a colegiado number or a written fee quote.
• They ask you to sign the arras contract or pay a deposit before the checks are done.
• They suggest declaring a lower price in the deed. This is illegal and can cost you more tax later.
• Reports come back as a one-line "all fine" with no documents attached.
• They are slow to reply before you've paid; it rarely improves after.

English-speaking vs UK-based firms

You have three broad options:

• Spanish firms with English-speaking lawyers near the property: local knowledge of the town hall and registry; check the lawyer on your file actually speaks English well.
• UK or Irish firms with a Spanish desk: familiar client care and complaints routes at home, but they must still use a Spanish-registered abogado for Spanish law work. Ask who that is.
• Large national Spanish firms: more resources, often higher fees.

gov.uk suggests contacting an English-speaking lawyer in Spain and publishes an FCDO directory of lawyers in Spain who have confirmed they can work in English. Those lists are not recommendations, and neither do we recommend specific firms.

Whichever you choose, interview two or three, compare the written quotes and ask each one exactly which checks are included.

For the full process, see buying property in Spain.