Conveyancing and legal advisory services
for property purchases on the Costa Blanca
At Aroca Seiquer & Asociados, we offer a comprehensive Conveyancing (property transfer) service for non-resident clients wishing to purchase a home or make a real estate investment on the Costa Blanca, including Torrevieja and Orihuela Costa.
Our team acts as your independent lawyer, protecting your interests at every stage of the process and ensuring that the purchase is carried out safely, with no legal or tax surprises.
What is conveyancing and why do you need an independent lawyer in Spain?
Conveyancing is the legal and administrative process that ensures the ownership of a property is correctly transferred from the seller to the buyer. Unlike in other countries, in Spain the notary certifies the identity of the parties and the content of the deed, but does not guarantee the full legal validity of the property or its planning and urban status.
It is essential to have an independent lawyer with experience in non-resident cases to review all documentation, negotiate the contract, and represent you before all relevant authorities and entities. Avoid the legal and tax risks involved in owning property in Spain.
The conveyancing process: key steps that guarantee your security
Phase 1: Due diligence
Legal and financial checks
This phase is the most crucial for preventing future issues and outstanding debts. Your lawyer will carry out all the necessary preliminary enquiries and checks, eliminating any risk:
Verification of legal ownership: We confirm the seller’s identity and legal ownership through the Land Registry and the Cadastre.
Review of encumbrances and debts: We ensure that the property is free from mortgages, liens, or outstanding debts (property tax – IBI, homeowners’ association fees, utilities).
Urban planning inspection: We verify that the property complies with urban planning regulations and that all constructions (including swimming pools or extensions) are properly registered and legalized.
Advice on reservation and deposit contracts: We advise you on the negotiation and drafting of the reservation or deposit contract (arras contract) to protect your initial deposit and set out the conditions of the sale.
Phase 2: Drafting and signing of contracts
DRAFTING, REVIEW, AND LEGAL ADVICE
We act on your behalf to ensure that the contract and the public deed fully reflect your interests:
Drafting and review of the purchase agreement: Setting out the terms of the sale, the final price, and any relevant details to be taken into account.
Advice on your mortgage offer (if applicable).
Preparation for completion: We coordinate all the logistical and documentary aspects required for the signing of the Public Deed before a Notary.
Phase 3: Post-completion
and registration and tax obligations
Once the deed has been signed, our work continues to ensure your legal security and compliance with the initial obligations:
Filing and payment of taxes: We manage the filing of the taxes associated with the transfer (Property Transfer Tax – ITP, VAT, Stamp Duty – AJD).
Registration with the Land Registry: We handle the registration of the public deed, ensuring that you are correctly recorded as the legal owner.
Management of utilities and administrative obligations: We assist with the transfer of electricity, water, and homeowners’ association accounts.
The conveyancing and tax planning combination
Purchasing a property in Spain should be accompanied by proper tax planning, especially for European Union citizens (Scandinavians, Germans, Belgians, Poles, etc.) who wish to minimize risks.
Fiscal representation: We advise you on the obligation to appoint a fiscal representative in Spain for the management of Form 210 (Non-Resident Income Tax – IRNR) and other tax obligations applicable to non-residents.
By structuring the purchase correctly, we can initiate tax planning for non-residents in order to optimize Inheritance Tax and your future estate.
Trust and experience since 1988 in Torrevieja
