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Real Estate Lawyers in Madrid

Buying a flat in Madrid comes with fine print that is rarely found inside the property itself, but rather in the building. We check ownership and Land Registry charges, debts owed to the owners’ association and any works approved by its general meeting before you pay a deposit or sign a deposit agreement, and we assist you through to completion before a notary.

We also advise on lettings and real estate investment, and assist clients buying from another city or abroad: remote document review, signature under a power of attorney and an NIE when required.

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  • Our office is in central Madrid, next to the Spanish Parliament.
  • We review the building, not only the contract.
  • Advice in Spanish, Italian and English.

Private clients: buyers, sellers and property owners

If you are buying your home, putting a property on the market, finding out what debts and special assessments affect the building, or resolving a tenancy that has gone wrong.

See buying, selling and lettings

Investors and companies

For the acquisition of assets and portfolios, acquisition finance, the purchase of the company that owns the properties, or construction and commercial lease contracts.

See investment, finance and corporate services

Services provided by our real estate lawyers in Madrid

We advise on the purchase and sale of flats, homes and commercial premises and on the checks that should be carried out before entering into commitments, including the condition of the building and decisions approved by the owners’ association. When the purchaser is a company or investor, we also address financing, corporate structuring and tax.

Private clients: buyers, sellers and property owners

This covers the issues most frequently raised in a Madrid property transaction: the reservation and deposit agreement, Land Registry checks, the condition of the building and owners’ association, taxes and tenancy issues.

Buying a flat, home or commercial premises in Madrid

We review what you are buying before you pay a deposit or sign a deposit agreement: ownership and Land Registry charges, debts owed to the owners’ association and the condition of the building. We then negotiate the documentation and accompany you to the notary if this is included in the engagement.

  • The purchase of flats, homes and commercial premises.
  • The purchase of new-build and off-plan property, including the first occupancy licence.
  • The offer, reservation document and deposit agreement.
  • The Land Registry extract: the registered owner and any charges affecting the property.
  • The building inspection for older properties in central Madrid.
  • Special assessments and works approved by the owners’ association.
  • Madrid transfer tax, or VAT and stamp duty on new-build property.
  • The NIE and documents required from a non-resident buyer.

Selling a flat or commercial premises in Madrid

We gather the documents that will be required, review the terms of the sale and deal in advance with matters that often delay completion: a mortgage to be cancelled, outstanding special assessments, an inherited or jointly owned property, or a tenant with a current lease.

  • Land Registry, energy and owners’ association documentation.
  • A certificate confirming that owners’ association fees and special assessments are up to date.
  • The terms of the sale, reservation document and deposit agreement.
  • Mortgage cancellation and discharge of charges.
  • Madrid municipal capital gains tax and the seller’s personal income tax.
  • The 3% withholding when the seller is not resident in Spain.
  • The sale of inherited, jointly owned or tenanted properties.
  • Review of the deed and attendance at the notary, where applicable.

Real estate due diligence before buying in Madrid

We examine the legal position of the property and the building in which it is located. In central Madrid, much of the risk lies not in the flat but in the building: an unfavourable building inspection, works approved at an owners’ meeting or special assessments that the buyer will ultimately have to pay.

  • Ownership, charges, mortgages and attachments shown in the Land Registry extract.
  • The building inspection and its outcome.
  • Owners’ association minutes, special assessments and approved works.
  • Outstanding owners’ association fees and unpaid property tax.
  • The energy performance certificate.
  • The first occupancy licence for new-build property.
  • Planning status and permitted uses of commercial premises.
  • Lease agreements affecting the property.

Residential leases and termination of tenancy agreements

We draft, review and negotiate residential tenancy agreements and leases of commercial premises owned by private landlords, and act when the tenant stops paying, breaches the agreement or the lease must be terminated and possession recovered.

  • Primary residence tenancy agreements.
  • Leases of commercial premises owned by private landlords.
  • Renewals, extensions and amendments to the agreement.
  • Non-payment of rent and other breaches.
  • Termination of the tenancy agreement.
  • Eviction proceedings.
  • The purchase or sale of a tenanted flat or commercial premises.

Services for investors and companies in Madrid

For an investment, the engagement will often cover the asset, the company acquiring it, the financing and the related contracts. Leased commercial premises as an investment product are among the most common transactions in the city.

Acquisition of assets, buildings and portfolios

We advise on the acquisition and transfer of assets in Madrid, from leased commercial premises to an entire building or portfolio, reviewing the contracts affecting each property and involving the firm’s other practice areas as required.

  • Acquisition and sale of real estate assets.
  • Leased commercial premises as an investment product.
  • Entire buildings and property portfolios.
  • Legal due diligence on acquired assets.
  • Residential, commercial, hotel and logistics assets.
  • Rents, guarantees and contracts linked to the asset.
  • Spanish and international investors.

Acquisition finance and security

We review the financing or refinancing documents and the accompanying security package, ensuring that their deadlines and conditions are aligned with those of the purchase.

  • Financing of real estate acquisitions.
  • Refinancing of assets and projects.
  • Financing contracts and agreements.
  • Preparation and review of security.
  • Negotiation of legal documentation.
  • Alignment between financing and completion of the purchase.

Acquisition of companies and investment structuring

When the investment is made through a company or the transaction involves the entity that owns the properties, we handle the real estate aspects together with the corporate and tax advice.

  • Acquisition and sale of real estate companies.
  • Share deals and asset deals.
  • Mergers and acquisitions with a real estate component.
  • Companies and investment vehicles.
  • Corporate and contractual documentation.
  • Tax coordination of the structure.
  • Sale and leaseback of properties in use.

Developments, construction contracts and commercial leases

We advise on the contractual relationships involved in a development or refurbishment and on leases of commercial premises, offices and warehouses for companies, including breaches and construction delays.

  • The contractual aspects of developments and refurbishments.
  • Contracts with builders, trades and suppliers.
  • Breaches and construction delays.
  • Leases of commercial premises, offices and warehouses.
  • Amendment, termination and breach of commercial contracts.
  • Support from our litigation team if a claim arises.

Buying a flat in Madrid: what to check in the building

A significant proportion of purchases in central Madrid involve flats in older buildings, where the decisive issues often lie not in the property itself but in the building. The outcome of the building inspection, works approved by the owners’ association and any special assessments still to be paid should be checked, because those amounts may ultimately fall to the buyer.

The checks are different for new-build property: the first occupancy licence, guarantees for sums paid on account and the developer’s documentation. When buying commercial premises, the permitted uses should also be confirmed before signing. Bear in mind that transfer tax is charged at the rate set by the Madrid region, which differs from that of other autonomous regions.

Why work with Intlaw on your purchase or sale in Madrid

Before you sign a reservation, deposit agreement or deed, we agree which documents must be requested and who needs to be involved. The review is tailored to the property, whether you are buying or selling, and what can still be negotiated.

1

One lawyer with you from start to finish

The same lawyer handles your purchase or sale from the initial review until after completion, coordinates communications and tells you at each stage what is missing and what you need to decide.

2

We look at the building, not only the flat

In an older building in central Madrid, the problem often lies outside the flat: the building inspection, works approved at an owners’ meeting and outstanding special assessments. We check these before you commit.

3

Real estate, corporate and tax advice together

If a company is buying, financing is involved or tax affects the decision, these issues are considered together with the property from the outset, not at the end.

4

From private home buyers to investors

We advise people buying or selling their home, as well as private and institutional investors and companies acquiring leased commercial premises, buildings, portfolios or real estate companies.

5

If you are buying from outside Madrid or another country

We organise document review and meetings remotely, prepare signature under a power of attorney when you cannot travel and arrange what is needed, including the NIE. We work in Spanish, Italian and English and coordinate with your adviser in your home country.

Tell us which flat or commercial premises you want to buy or sell in Madrid

Whether you have just viewed the property, already signed a reservation or have a deposit agreement pending, tell us what stage you are at and which documents you have received.

The same applies if your matter concerns a tenancy, an investment or putting a property on the market. With that information, we can tell you which documents are needed and what work we propose.

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How we assist with your purchase or sale in Madrid

We work in stages, following the same order as the transaction, and at the end of each one you know exactly what has been checked.

1

Before the reservation or deposit agreement

We read the offer, reservation document or deposit agreement and explain each party’s obligations and the consequences of withdrawing. Before we start work, you will receive our fee proposal and engagement letter.

2

Due diligence on the property and the building

We obtain the Land Registry extract and review ownership and charges, debts owed to the owners’ association and property tax. For older buildings, we add the building inspection, owners’ association minutes and approved special assessments; for new-build property, the first occupancy licence and guarantees for sums paid on account.

3

Negotiation and contract

We agree the price, payment method and deadlines, which charges must be cancelled, the notarial deposit of the deposit payment where applicable, and the conditions that should be recorded in writing, including obtaining a mortgage.

4

Signature, completion and post-completion matters

We review the draft deed and assist you at the notary if this is included in the engagement. We then deal with Madrid transfer tax or VAT and stamp duty, municipal capital gains tax, the 3% withholding if the seller is not resident in Spain, and registration at the Land Registry.

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The team handling your property transaction in Madrid

Your purchase or sale is always handled by the same lawyer, who brings in colleagues from our contracts, corporate, tax or litigation teams as needed.

Simone Guaglianone

Partner · Real estate and corporate

Admitted to practise in Spain and Italy and founding partner of INTLAW. He advises Spanish and international investors, companies and family offices on real estate matters from a corporate standpoint: structuring the investment, acquiring assets and property-holding companies, due diligence and contract negotiation. He works in Spanish, Italian, English and Catalan from Barcelona, Madrid and Palma.

Alexandru Lazar

Lawyer

A member of the bar in Spain, Barcelona and the Balearic Islands, and a partner at INTLAW. He advises domestic and international investors, companies and family offices on property transactions from a commercial perspective: investment structuring, acquisitions of assets and holding companies, due diligence and contract negotiation. He works in Spanish, Italian, English and Catalan from Barcelona, Madrid and Palma.

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Meet the INTLAW team

The experience of clients who have trusted INTLAW

INTLAW professional network

Colegios, cámaras de comercio y organizaciones con las que colabora INTLAW: Ilustre Col·legi de l'Advocacia de Barcelona, Camera Italiana Barcelona, CCI France Espagne, International Bar Association, LaborHub e IPWisely

Speak to our real estate lawyers in Madrid

If you are buying or selling a flat, home or commercial premises in Madrid, tell our central Madrid office what stage you are at and which documents you have already received or signed. We also advise on lettings, investments and enquiries from clients who live outside Madrid or Spain.

For an initial assessment, it helps to know which property is involved, whether you are buying or selling, whether a reservation or deposit agreement has already been signed, and your expected completion date.

Phone

+34 91 454 72 58

Email

info@intlaw.eu

Address

Cra de S. Jerónimo, 15, Centro
28014 Madrid

Online appointment

Book an online appointment

Book a meeting and tell us which flat or commercial premises you are dealing with.

Tell us about the flat, home or commercial premises

Tell us which property is involved, whether a reservation or deposit agreement has already been signed, and what stage the purchase or sale has reached.

We also provide real estate advice in other cities

We also work from Barcelona and Palma de Mallorca. Each of those pages explains the issues that genuinely affect a property transaction in that location.

Real estate lawyers in Barcelona

Advice on the purchase and sale of flats and commercial premises in Barcelona, pre-purchase due diligence, deposit agreements, lettings and investment.

See real estate lawyers in Barcelona
Palma de Mallorca harbour and city skyline

Real estate lawyers in Mallorca

Property transactions, due diligence including planning and tourism checks, lettings and real estate investment in Mallorca.

See real estate lawyers in Mallorca

Frequently asked questions from buyers and sellers in Madrid

It is not compulsory, but it is advisable. The notary authenticates the transaction and checks the legality of the deed, but does not negotiate on your behalf or examine in depth what you signed beforehand, which is where problems often arise.

Ideally, seek advice before paying a deposit, while changes can still be made.

Under a deposit agreement, buyer and seller undertake to complete the deed and the buyer pays part of the price in advance.

Where the payment is an arras penitenciales deposit, withdrawing has a cost: the buyer loses the sum paid and the seller must return double that amount. Because the effect depends on the exact wording, it should be read carefully before signing.

For older buildings in central Madrid, the key checks are the outcome of the building inspection, owners’ association minutes and any works or special assessments already approved, because those amounts may ultimately be paid by the buyer.

We also check whether the property has outstanding owners’ association fees or unpaid property tax.

The checks are different: the first occupancy licence, the developer’s documentation and the guarantees that must cover any sums you pay on account before completion.

Resale property is subject to transfer tax at the rate set by the Madrid region. New-build property is treated differently: VAT plus stamp duty.

The seller will normally pay municipal capital gains tax and account for the gain in personal income tax; if the seller is taxed as a non-resident, non-resident income tax applies.

The buyer must withhold 3% of the price and pay it to the Spanish tax authority as an advance payment of the seller’s tax. This should be addressed in the deposit agreement and later reflected in the deed.

Yes. This can be arranged through a power of attorney signed before a notary in your country and apostilled, or signed at the relevant Spanish consulate. You will still need an NIE.

We handle the process remotely and only ask you to attend in person when there is no alternative.

The sale does not terminate the tenancy: the buyer becomes the landlord and remains bound by the agreement under the terms of the Spanish Urban Leases Act.

It must also be checked whether the tenant has a right of first refusal over the property.

Yes. This is one of the most common investment structures in Madrid. Before completion, we review the lease and rent, guarantees, permitted uses of the premises, Land Registry position and owners’ association documentation.

They depend on the property and the work required. Before we start, you will receive an engagement letter with our fee proposal and details of what it covers.

Write to us using the form, call us or book an appointment. Tell us which property is involved, what stage the purchase or sale has reached, which documents you have and whether a completion date has been set.

We will then tell you what is missing and send you our fee proposal and engagement letter.