Who does what when buying in Spain?
Three parties play a role in your purchase, each with their own task. The key distinction: only your lawyer works exclusively for you.
| Role | What they do | For whom? |
|---|---|---|
| Independent lawyer | Checks the ownership, debts, permits and contracts and advises you | Your interests alone |
| Notary | Draws up the official deed and confirms that the sale is legally valid | Neutral — no one in particular |
| Gestoría | Pays the taxes and arranges registration after the purchase | The administrative handling |
The NIE number
The NIE (Número de Identificación de Extranjero) is the tax identification number for foreigners in Spain. Without a NIE you cannot buy a property, open a bank account or pay taxes.
You apply for it in Spain (at a police station or through your lawyer with power of attorney) or at a Spanish consulate in your own country. It is a one-off number that you keep using. We guide our clients through the application, so it is in order in good time before the notary.
Your independent lawyer
Buying in another country with different laws and a different language is not something you do on trust. An independent lawyer — someone who serves your interests alone, apart from the seller, the agent or the developer — checks everything before you sign or pay.
- Is the seller really the true owner and does the cadastral description match?
- Are there debts, mortgages or charges on the property?
- Are all permits in order (for new build, also the building licence and the bank guarantees)?
- Are the contract terms, deadlines and amounts correct?
The notary
The notary is a public official. At the signing they draw up the escritura (the authentic deed of sale), confirm the identity of the parties and check that the sale is legally correct.
Important to know: the notary is neutral. They do not carry out the thorough prior check of the property and do not specifically look after your interests. That is precisely the task of your own lawyer.
Do not rely on the notary to check debts, permits or contract terms. That protection comes from your independent lawyer, who reviews everything before the deed.
The gestoría
The gestoría is an administrative office that handles the practical side after the purchase: paying the taxes (ITP or IVA + AJD) and registering the property in the property register. This is often included in the process, certainly with a mortgage.
The deed and the property register
At the notary you sign the escritura and become the owner. Shortly afterwards the property is registered in the Registro de la Propiedad, the property register. Only with that registration is your ownership visible to everyone and fully protected.
A Spanish bank account
A Spanish bank account is not strictly required, but it is convenient. It makes it easier to handle utilities, local taxes, community fees and any mortgage payments. Opening one is usually straightforward; we help you make the right choice.
Buying with a power of attorney
Cannot always be there in person? With a notarial power of attorney, your lawyer can handle certain steps on your behalf — up to and including the signing at the notary. That way you do not have to travel to Spain for every formality. Many buyers still choose to be present themselves on the big day.
Pitfalls
Assuming the notary looks after your interests. They are neutral — for your own protection you need an independent lawyer.
Work with your own lawyer, not the seller’s or the developer’s. Only then can you be sure your interests come first.
Without a NIE number you cannot sign. Arrange it well before the notary date.
Have someone guide you who coordinates the lawyer, notary and gestoría for you — then everything happens in the right order.
How to line up the right people
- Apply for your NIE number in good time (for every buyer).
- Appoint an independent lawyer, apart from the seller and agent.
- Have the ownership, debts, permits and contracts checked before you pay.
- Know that the notary draws up the deed but does not do your personal check.
- Consider a Spanish bank account for payments and utilities.
- Arrange a power of attorney if you cannot always be present yourself.
Why Peter appointed his own lawyer
Peter initially thought the notary would check everything. His Tu Travesía adviser explained that the notary is neutral and does not defend his interests.
Peter appointed his own independent lawyer. She discovered an outstanding charge on the property that had to be settled before the deed — something that would not have come to light automatically at the notary.
The issue was resolved in time, and Peter signed with the certainty that everything was in order. His own lawyer turned out to be not a cost, but an investment in peace of mind.
Frequently asked questions about the notary, lawyer & NIE
Do I need my own lawyer to buy in Spain?
Not legally required, but strongly recommended. An independent lawyer checks the ownership, any debts, the permits and the contracts before you sign — and looks after your interests alone.
Does the notary not do the legal check of the property?
No. The notary draws up the deed and confirms that the sale is legally valid, but is neutral and does not carry out the thorough prior check of debts, permits or contract terms. That is the task of your own lawyer.
What is a NIE number and how do I get it?
The NIE is the tax identification number for foreigners. You need it to buy, open a bank account and pay taxes. You apply for it in Spain (or through your lawyer with power of attorney) or at a Spanish consulate. We guide the application.
What does a gestoría do?
A gestoría handles the administrative side after the purchase: paying the taxes and registering the property in the property register. This is often included in the process, certainly with a mortgage.
What is the escritura?
The escritura de compraventa is the official deed of sale you sign at the notary. At that moment you become the owner; shortly afterwards the property is registered in your name in the property register.
Do I need a Spanish bank account?
Not strictly required, but convenient for payments, utilities and any mortgage. Opening one is usually straightforward and we help you make the right choice.
Can I buy with a power of attorney, without travelling to Spain?
Yes. With a notarial power of attorney, your lawyer can handle certain steps in your name, up to and including the signing. Many buyers still choose to be present themselves on the big day.
This information is general in nature and does not replace legal advice. Always have your purchase guided by an independent lawyer in Spain.
