Conveyancing & Escritura: Property Transfer in Spain

The Spanish conveyancing process explained — from the contrato de arras to the escritura pública, taxes, and property registration.

The Spanish property transfer process differs significantly from other European countries. Understanding each step is crucial for a smooth transaction.

The Nota Simple

Before anything, your lawyer should obtain a Nota Simple from the Land Registry to verify ownership, boundaries, and any charges or encumbrances.

Contrato de Arras

The deposit contract (contrato de arras penitenciales) typically requires 10% of the purchase price. Key terms:
- Buyer withdraws: loses deposit
- Seller withdraws: must return double the deposit

Due Diligence Checklist

Land registry check
Town hall urbanistic certificate
Community of owners debts
IBI (property tax) receipts
Energy performance certificate
First occupancy licence

The Escritura Pública

The escritura is the public deed signed before a Spanish notary. Both parties (or their representatives via power of attorney) must attend. The notary verifies identity, capacity and reads the deed aloud.

Post-Completion

After signing:
1. Pay transfer tax (ITP) or VAT (IVA) + stamp duty (AJD)
2. Register the deed at the Land Registry
3. Change utility contracts
4. Notify the community of owners