Legal Services for your Property in Spain

At Polaris Golf Property UK, a division of Overseas Property UK, we always recommend the use of an independent lawyer for international property transactions.

Appointing a lawyer

We believe it is absolutely essential that every individual buyer should receive independent legal verification that the property they intend to buy has good, clean title, has all of the appropriate planning in place and is completely free of the burden of debts or charges registered against it.

To this end, we can introduce you to the services of a fully independent, English speaking lawyer who has all of the necessary qualifications and experience to provide a comprehensive service giving you total security and peace of mind. You will of course have the option of selecting an alternative lawyer if you prefer.

Your legal questions answered:

We have provided answers to some of the most frequently asked questions below. If you have a question that is not included here, please contact us and we will be very pleased to help.

Will the property be freehold?

Yes. All of our properties are freehold.

Is permission needed to buy property in Spain?

No. As an EU resident you are free to purchase property in Spain without gaining permission.

Do you have to be present in Spain to complete?

No. You can assign Power of Attorney to your lawyer who will be able to attend the signing of contracts and deeds at the Notary office and sign all relevant documents on your behalf. You will also need a fiscal code (NIE number) before you complete and your lawyer can obtain this from the tax office on your behalf.

What is the role of the Notary?

The Notary is a government official who must place on the public record that the property title deed recording the purchase has been signed in his or her presence and understood by the buyer and the seller, both of whom must be represented at the signing. Your lawyer can act on your behalf at this point if you have assigned the relevant Power of Attorney to them. Note that the use of the Notary is not a substitute for independent legal advice.

Can the property be inspected before completion?

Yes. Prior to completion you will be invited to inspect the property and inform the builder/vendor if anything is not to your satisfaction in order that this may be rectified. You are not required to make your final payment and complete until the terms of the purchase contract have been met in full.

Is it advisable to make a will in Spain?

Yes, this is highly recommended. You are allowed to have a separate Spanish will which will deal only with your assets in Spain without replacing the main will you may have in your own country. This avoids any future problems with succession matters as the law in Spain is slightly different to the UK if you wish to leave assets to a third party and not children or parents

Please Note

The above information is provided as a guide only and may be subject to change. You should consult your professional legal and tax advisors for the latest information.