Buying property in Madrid as a foreigner: buyer's lawyer

The good news: as a foreign buyer you follow the same rules and pay the same taxes as a Spanish buyer. Buying a resale home in the Madrid region means paying transfer tax (ITP), generally 6 %, plus notary, land registry and agency costs. A new-build home pays VAT instead. I explain each cost in taxes when buying a home in Spain.

What changes is the paperwork and the distance:

• You need a NIE (foreigner identity number) before signing at the notary. See how to get a NIE to buy property.
• You will usually need a Spanish bank account to pay the price and the taxes.
• If you cannot travel for the signing, someone can sign for you with a power of attorney. See buying with a power of attorney.
• You cannot easily visit the flat several times or check the documents in person, so you depend on what the seller and the agent tell you.

That last point is where most problems start. The agent is usually paid by the seller, and the documents are in Spanish legal language. Someone on your side has to read them before you pay anything.

1. Free first consultation. You tell me what you are looking for and where you are in the process, and I tell you what to check and what it would cost to have me on your side.
2. Your NIE and bank account. I tell you which route is faster in your case: the Spanish consulate in your country, an appointment in Spain, or a representative with a power of attorney.
3. Checking the property before you pay a deposit. Land registry extract (nota simple), charges and mortgages, community debts, local taxes, urban planning status and the energy certificate.
4. Negotiating the price and the conditions. I negotiate for you, with arguments based on what the checks show, and I draft or review the deposit contract (arras) so your money is protected.
5. Mortgage, if you need one. I review the bank's offer and the binding information sheet before you accept it.
6. Signing at the notary. I review the deed before the signing to make sure it matches what was agreed, whether you sign in person or through the person you authorise.
7. After the signing. I check that the taxes are paid within the deadline and that the property is registered in your name.

A buyer's lawyer is not an extra cost on top of the purchase. My work is designed so that you come out ahead: you pay a fair price, you do not inherit debts or legal problems, and you do not lose your deposit because of a badly drafted contract.

• Security: every document is checked before you commit any money, not after.
• A better deal: I negotiate for you, using what the checks reveal, so the price and the conditions reflect the real state of the property.
• Less time and stress: especially from abroad, you have one person who answers your questions in plain language and coordinates the agent, the bank and the notary.

I explain this in more detail in how much a buyer's lawyer can save you.

The most important document in a Spanish purchase is usually not the deed at the notary but the arras contract (contrato de arras), the private deposit agreement you sign weeks before. It fixes the price, the deposit, the deadline to complete and what happens if your mortgage is refused. Once it is signed, changing it depends on the seller.

As a buyer's lawyer in Madrid, I review the arras or reservation document before you sign or pay the deposit, check the Land Registry extract (nota simple), charges and community debts, and tell you in writing what to change. I am a lawyer registered with the Madrid Bar Association (ICAM) and I act only for buyers and tenants: I take no commission from sellers, developers or estate agents.

• Free first consultation (online, also at weekends), in English or Spanish.
• Arras or reservation contract review: from €150, with a written report.
• Full purchase support (checks, price negotiation, arras, mortgage offer and notary): fixed quote in writing before we start.

See also which type of arras to sign in Madrid and the costs of buying a flat in Madrid.

Can a foreigner buy property in Madrid?

Yes. As a general rule, foreigners can buy a home in Spain on the same terms as Spanish citizens. You need a NIE and, in practice, a Spanish bank account.

Do I have to be in Spain to sign?

No. You can grant a power of attorney so that a person you trust signs for you. It must be done correctly so the notary accepts it.

Do foreign buyers pay more tax?

Under the rules in force today, the taxes on the purchase are the same as for a Spanish buyer. Owning a property in Spain while living abroad does have its own yearly tax obligations, which I explain before you buy.

Do I need my own lawyer if there is already an agent?

The agent's job is to close the sale. My job is to protect you as the buyer. They are different roles.

How do we start?

With a free first consultation. Tell me about the property or the area you are looking at, and we will see what needs checking.