Journal
The Legal Mistakes Foreign Buyers Still Make When Buying Property in Spain — and How to Avoid Them
By Elia Living ·
The same six mistakes — and how to sidestep every one
Spain is one of the most straightforward countries in Europe in which to buy property as a foreigner, and the Costa Blanca North remains one of its most attractive destinations for international buyers. Yet every year, buyers from the UK, the Netherlands, Germany and beyond repeat a handful of avoidable legal and procedural errors that cause delays, unexpected costs, or — in the worst cases — serious problems after completion. None of these mistakes is obscure. All of them are preventable with the right preparation.
Here is what they are, why they still happen, and what to do instead.
Mistake 1: Confusing the notary with a solicitor
The Spanish notary is a neutral public official whose role is to authenticate the final deed and ensure the transaction is legally formalised. The notary does not investigate the property's history, check for outstanding debts or planning irregularities, or represent the buyer's interests. That role belongs to an independent lawyer — and it is not optional.
The most common version of this mistake is using the lawyer recommended by the estate agent or developer. Estate agents represent sellers. Their recommended lawyer may also have a conflict of interest. Appoint your own independent abogado before you sign anything, including a reservation form.
Mistake 2: Starting the NIE application too late
The Número de Identidad de Extranjero (NIE) is the Spanish tax identification number every foreign buyer needs before a property purchase can be registered. Without it, the notary cannot complete the signing, and the purchase cannot proceed.
In popular provinces — including Alicante, which covers the entire Costa Blanca — appointment slots at national police stations can take several weeks or even months to secure during the spring and summer buying season. Buyers who leave the NIE application until after an offer is accepted frequently find themselves scrambling against contract deadlines, sometimes forfeiting deposits because they cannot complete on time.
Start the NIE application as soon as you decide to buy seriously. A Spanish power of attorney (POA) allows your lawyer to obtain the NIE and even attend the notary signing on your behalf, which is useful if you are not physically in Spain throughout the process.
Mistake 3: Taking the property's legal status on trust
Spain's Registro de la Propiedad (Land Registry) is robust, but it does not always capture everything — particularly in rural areas and for older properties. Extensions, pools, terraces, and outbuildings may have been built without planning permission and never regularised. A property can appear perfectly habitable and still have outstanding debts, unregistered easements, or unlicensed structures attached to it.
Your lawyer should obtain and review the nota simple — an extract from the Land Registry showing ownership, description, and any charges or encumbrances — and commission a search for outstanding IBI (annual property tax) payments, community fees, and any open planning or building licence issues. This is basic due diligence; it should happen before you commit to the purchase, not after.
Mistake 4: Underestimating the full cost of buying
The headline purchase price is not what you will pay. In the Valencian Community — which covers the entire Costa Blanca — buyers of resale properties now pay 9% ITP (Impuesto sobre Transmisiones Patrimoniales, or property transfer tax) following the tax reform that came into effect on 1 June 2026. New-build purchases attract IVA (VAT) at 10% plus stamp duty (AJD) at 1.4%. Add notary and Land Registry fees (roughly 0.5–2%) and independent legal fees (typically 1–2%) and total buying costs for a Costa Blanca resale property generally run to 11–13% above the agreed price.
On a €400,000 purchase that is between €44,000 and €52,000 in addition to the price itself. Budget for this from the outset.
Mistake 5: Skipping the structural survey
Spain has no legal requirement for a building survey before purchase, and many buyers — particularly those buying what appears to be a well-presented property — skip one entirely. This is a significant risk on the Costa Blanca, where the coastal climate accelerates salt-air corrosion, damp penetration, and roof degradation on older homes. A professional survey costing €400–€1,000 can identify problems that would cost tens of thousands to remedy after you have the keys.
Ask your lawyer to include an inspection contingency clause in any preliminary contract (the contrato de arras), allowing you to renegotiate or withdraw if significant defects are found.
Mistake 6: Buying to let without checking what is legally possible
If you are planning to rent the property — even occasionally — you need to verify before you buy that it can legally be let as a tourist rental. In the Comunitat Valenciana, short-term tourist rentals require an ETV (Establiment Turístic de Vacances) licence from the regional authority. Since 3 April 2025, any new tourist rental in a building with multiple dwellings also requires a formal three-fifths majority vote of the community of owners.
Do not assume that because a property has been let before it can continue to be let, or that a licence is transferable. Verify the status independently before you exchange.
What changes when you have a buyer's agent
Every mistake above shares a common root: the buyer is working from incomplete information, under time pressure, relying on parties whose interests are not fully aligned with theirs. A buyer's agent works exclusively for the purchaser — helping to identify the right property, co-ordinating independent legal due diligence, flagging cost and licensing issues before contracts are signed, and managing the process from offer to keys.
On the Costa Blanca North, where international demand is strong and quality stock moves quickly, having that independent professional in your corner from the outset is not a luxury — it is the straightforward way to make sure your purchase goes exactly as planned.
Frequently asked questions
Do I need a lawyer to buy property in Spain, or does the notary protect me? You need your own independent lawyer. The notary is a neutral official who authenticates the transaction — they do not investigate the property's history or represent your interests.
How long does it take to get an NIE number in Alicante? Appointment availability varies, but during the spring and summer buying season waits of four to eight weeks are common. Start as early as possible, or instruct your lawyer to apply on your behalf using a Spanish power of attorney.
How much should I budget above the purchase price for buying costs in the Valencian Community? Plan for 11–13% above the purchase price for a resale property (9% ITP + notary, registry, and legal fees). New-build buyers pay 10% IVA plus 1.4% AJD plus fees — budget around 13–15%.
Can I check whether a property has debts or planning problems before I sign anything? Yes. Your lawyer can obtain a nota simple from the Land Registry and search for outstanding IBI payments, community fees, and planning or building licence issues — all before you are contractually committed.
Do I need a tourist rental licence to let my Costa Blanca property? Yes. In the Comunitat Valenciana, short-term tourist rentals require an ETV licence. Properties in multi-dwelling buildings also require a formal community of owners vote (three-fifths majority) before a new tourist rental activity can begin.
Is it safe to buy off-plan property in Spain? Off-plan purchases are legal and common, but they require additional due diligence: verify the developer's financial stability, confirm valid building licences are in place, ensure your deposit is protected by a bank guarantee, and have your lawyer review the specific contract clauses on completion deadlines and penalties.