Real Estate Lawyers in Barcelona

A property lawyer checks the legal position of the property and of the sale before you take on any obligation: what the nota simple (Land Registry extract) says, which commitments are already in place and what charges or debts could affect you.

From there we draft, review or negotiate the arras (deposit contract) and the deed included in your instructions, and we stay with you through completion before the notary. If the purchase involves a company, financing or tax, we bring in those areas so the decision on the property is not taken in isolation.

It is not compulsory, but it is advisable. The notary checks that the deed is lawful, but does not negotiate on your behalf or examine in detail what you signed earlier, such as the arras contract.

The best moment to take advice is before you hand over the deposit.

Real estate due diligence is adjusted to the type of property — apartment, home, commercial unit, office or building —, to the documentation available and to how the sale or the investment is structured.

We can review the nota simple and the Land Registry entry, charges, mortgages and attachments, debts with the comunidad de propietarios (homeowners’ association) and unpaid IBI (council property tax), existing tenancy agreements, financing, guarantees and the corporate or tax implications of the property.

Before we start we tell you what we are going to review and what documents we need, and we send you our fee estimate and engagement letter.

It is the contract by which buyer and seller commit to completing the sale and the buyer pays an amount on account.

If penitential arras are agreed, whoever withdraws loses the amount paid (the buyer) or must return it twice over (the seller). The consequences depend on how it is drafted, which is why it is worth reviewing before signing.

On a resale home the buyer pays ITP (Transfer Tax), at the rate in force in Catalonia; on a new-build, VAT together with AJD (Stamp Duty).

The seller usually bears the plusvalía municipal (municipal capital gains tax) and is taxed on the gain through personal income tax or, if not resident in Spain, through Non-Resident Income Tax.

The buyer must withhold 3% of the price and pay it to the Spanish tax authority on account of the seller’s tax. It is a point worth setting out in the arras contract and in the deed.

Yes. It can be signed through a power of attorney granted in your own country (with an apostille or legalisation) or before a Spanish consulate. You will need a NIE (foreigner’s tax identification number).

We coordinate the whole process remotely.

Yes. We help private owners buy, sell and let apartments, homes and commercial units, and resolve the contracts attached to those properties.

We also advise private and institutional investors and companies on assets, portfolios, financing, the purchase of property-holding companies, developments and commercial leases.

As a general rule the buyer steps into the existing tenancy agreement and must honour it on the terms set out in the Spanish Urban Leases Act.

It is also necessary to check whether the tenant holds a right of first refusal.

It depends on the property and on the work involved. Before we start we send you an engagement letter setting out the fee estimate and what it covers, so there are no surprises later.

You can write through the form, call us or book an appointment. We need you to tell us which property you want to buy or sell, how far along the sale is, what documents you hold and whether a signing date has been set.

We then tell you what documentation we need and send you the fee estimate and engagement letter before any work begins.