Property Law
The property market in Mojacar, Vera, Garrucha and the rest of the Coast of Almeria has particularities that demand specialist legal advice, especially when British or European buyers are involved. At Fau & Loustau Abogados we have spent over four decades assisting foreign clients with the sale and purchase of houses, plots and commercial premises, with a methodology adapted to those familiar with the British conveyancing system who are encountering the Spanish notarial procedure for the first time.
Our team carries out full due diligence before completion: Land Registry verification through a nota simple, checks on charges, seizures and mortgages, review of the property's planning status, community of owners debts, outstanding IBI and licences. This prior scrutiny is essential in an area like the Coast of Almeria, where a significant proportion of properties have complex planning situations or AFO buildings.
We handle obtaining the NIE, drafting and negotiating the reservation contract (contrato de arras), representation at the notary through a power of attorney and settlement of all taxes associated with the transaction, including the 7% ITP (Transfer Tax) in Andalusia, AJD (Stamp Duty) where applicable and the municipal capital gains tax (plusvalia). We accompany the client through to final inscription at the Land Registry.
How we help
- Legal and planning due diligence prior to purchase
- Obtaining a nota simple and study of charges at the Land Registry
- NIE processing for foreign buyers
- Drafting and negotiating reservation contracts (contrato de arras penitenciales)
- Representation through power of attorney at the notarial deed signing
- Settlement of the 7% ITP (Transfer Tax) in Andalusia and AJD (Stamp Duty)
- Calculation and payment of the municipal capital gains tax (plusvalia)
- Inscription of the deed at the Land Registry
- Post-purchase tax advice and utility registration
- Assistance in private sales and purchases from developers
Our process
Initial consultation and proposal
We analyse the transaction, identify risks and provide a fixed-fee quotation with no surprises.
Full due diligence
We request the nota simple, check charges, review planning status, debts and licences.
Negotiation and reservation
We draft the reservation contract protecting the buyer and setting clear terms for the transaction.
Notarial signing
We accompany the client or act under power of attorney, reviewing the deed before signing.
Post-completion and inscription
We settle taxes, inscribe at the Land Registry and manage utility transfers.
Frequently asked questions
What taxes do I pay when buying a resale property in Andalusia?
The main tax is ITP (Transfer Tax), set at 7% on the cadastral reference value or the purchase price, whichever is higher. There are reduced rates of 6% for properties valued at or below 150,000 euros. It must be settled within 30 working days of signing.
Is an NIE mandatory to buy property in Spain?
Yes. The NIE is essential for signing the deed and settling taxes. We process the NIE for our foreign clients directly, even through a power of attorney if they cannot travel to Spain.
Can I buy without being present in Spain?
Yes. Through a notarial power of attorney granted in your country of origin and duly apostilled, our firm can represent you throughout the entire process, including the notarial signing and Land Registry inscription.
How does this differ from British conveyancing?
In Spain the public deed before a notary is the essential act of transfer and inscription at the Land Registry provides the legal protection. There is no figure of a solicitor acting as a financial intermediary, which is why having an independent solicitor separate from the seller is fundamental.
What specific risks are there when buying on the Coast of Almeria?
The area has a significant number of properties with irregular planning status, particularly on non-developable common land. Prior due diligence avoids surprises such as properties without a first occupation licence, undeclared AFO buildings or defective boundary demarcations.
Need help with Property Law?
Contact us for an initial consultation with no obligation.