Buying Process — Spain
Contrato de arras, notaría, gestor — the Spanish property purchase process step by step.
Updated February 2026
Spain
Stage 1 — Verbal offer and negotiation
An offer is made verbally or in writing to the vendor or agent. No legal commitment until written.
Stage 2 — Contrato de Arras (deposit contract)
A preliminary contract signed by both parties. The buyer pays a deposit — typically 10% of the purchase price. Under the standard arras penitenciales framework: if the buyer withdraws, the deposit is forfeited; if the vendor withdraws, they must pay double the deposit.
The contrato de arras normally includes:
- Agreed price
- Completion date
- Conditions (typically mortgage approval, title clear, LPO confirmed)
- Description of the property and included fixtures
Stage 3 — Escritura Pública (notarised completion)
Signed before a Spanish notario. The buyer pays the balance, ITP transfer tax is declared, and the title is transferred. The escritura is then registered in the Registro de la Propiedad (land registry).
Differences from other countries
- Due diligence is primarily the buyer's responsibility — the notary does not conduct investigations
- A gestor (administrative specialist) or abogado (lawyer) is strongly recommended to conduct due diligence
- The Nota Simple (land registry extract) is the key document to check for encumbrances, mortgages, and accurate boundary/ownership data
Timeline
2–4 months is typical. Cash purchases with no mortgage can complete in 3–4 weeks.
Based on Agencia Tributaria, Colegio de Registradores
Last reviewed: Feb 2026