Legal assistance with property purchases and sales

Buying or selling a home is often the most important financial transaction in a person's life. Even so, it is common to sign a deposit agreement without having checked the property's situation, or to discover charges, debts or restrictions later that nobody mentioned. Reviewing the transaction before signing is the best way to avoid surprises.

The property's Land Registry status

The land registry extract (nota simple) shows who the owner is and whether there are charges such as mortgages or attachments. It is the first document we review. Useful as it is, it doesn't tell the whole story: some debts, planning issues or tenancies do not appear in it.

Debts owed to the community and other expenses

It is important to know whether the seller is up to date with community fees and property taxes. In Catalonia, the flat remains liable for part of any earlier debts to the association even after a change of owner, so it is wise to ask for the certificate of debts before signing. If the community has arrears problems, our guide on recovering unpaid community fees may be useful.

Planning status and licences

For some properties it is important to check that the home has the necessary permits and documents. In Catalonia, reselling a home requires a valid certificate of occupancy (cèdula d'habitabilitat), as well as the energy performance certificate.

The deposit agreement reserves the transaction until the deed is signed. The way it is drafted determines what happens if one of the parties pulls out, so it should not be signed without understanding its consequences. In Catalonia deposits are governed by the Catalan Civil Code, not the Spanish one, and their wording decides whether a party can withdraw and at what cost.

We review the draft deed and check that it reflects what was agreed before you sign. After signing, the purchase must be registered with the Land Registry, which we can handle as part of our Land Registry procedures.

Every sale generates taxes, both for the buyer and for the seller. Including the tax analysis in the legal review lets you know the real cost of the transaction from the outset:

• Buyer of a resale home: property transfer tax (ITP).
• Buyer of a new build: stamp duty (AJD), in addition to VAT.
• Seller: municipal capital gains tax and income tax on the capital gain.
• Non-resident seller: specific obligations.

Selling a property received through an inheritance requires the inheritance and its taxation to be settled first. We guide you on the order of the steps in our inheritance and gift tax service.