Legal advice when buying a home in Spain: why an independent lawyer is worth it

For many families, buying a home is the most important financial decision of their lives. Having an independent lawyer — one who works for you and not for the other side — is the safest way to avoid surprises. Here's what they check and why it's worth it.

Checking for charges: the "nota simple"

Before committing a single euro, it's wise to request the nota simple from the Land Registry, which states who the real owner is and whether the property has any charges: mortgages, liens, easements or debts. Buying without checking this is one of the costliest mistakes.

The deposit contract, done right

The deposit contract (arras) is the down payment that reserves the property and commits both parties. It's a contract with legal consequences: what happens if one party pulls out, what deadlines apply, what conditions are agreed. Signing it without carefully reviewing the fine print can be very expensive. This is where a lawyer makes the difference.

Planning status and licences

Is the property legalised? Does it have a habitation certificate? If it's a house in the countryside, was it built with a licence? And if you intend to rent it to tourists, does it have — or can it obtain — a tourist licence? Checking the planning status prevents you from buying a problem. This is also verified together with the technical inspection of the property.

Why "independent"

A lawyer who works only for you has no interest in the deal going through "at any cost". Their sole aim is to protect your interests. At Tatjana Wellem we coordinate specialist lawyers and act as support, even if the purchase isn't with us.