Legal Support for German-Speaking Buyers

Property Purchase in Spain – Legally Secure with German-Speaking Lawyer

Introduction

Property Purchase in Spain with Lawyer – Legal Support for German-Speaking Buyers

Purchasing property in Spain differs fundamentally from the German legal system. Unlike in Germany, the Spanish notary does not conduct legal reviews in the buyer's interest and does not handle the land registry transfer.

Anyone buying an apartment, finca or villa in Spain bears the risk themselves unless they have legal representation.

I support German-speaking clients in property purchases throughout Spain, with a particular focus on Mallorca and Northern Spain, from the first contract review to the final land registry entry.

As a German lawyer and Spanish abogada, I bridge both legal systems and ensure legally secure, transparent processing.

Why a Lawyer is Essential for Property Purchase in Spain

In Spain, the purchase is often based on a private preliminary contract (Contrato de Arras) before any notary appointment takes place. Binding obligations arise upon signing this contract.

Typical Risks Without Legal Review:

Encumbrances or mortgages in the land registry
Servidumbre de Costas (coastal protection restrictions)
Unapproved extensions or pools
Missing certificate of habitability
Community debts for apartments
Tax miscalculation (ITP, Plusvalía Municipal)
Seller is not solely authorized to dispose

These risks can be avoided through a structured due diligence review in advance.

Services

My Services for Property Purchase in Spain

I support you comprehensively and personally:

1

Legal Review of the Property

  • Current land registry extract (Nota Simple)
  • Cadastral data
  • Review of encumbrances and easements
  • Review of planning-law situation (in coordination with architects)
2

Contract Review and Drafting

  • Review of arras contract
  • Adjustment of contract clauses
  • Securing of advance payments
  • Arrangement of inventory and furniture
3

Tax Support

  • In cooperation with our associated gestoría
  • Calculation of property transfer tax (ITP)
  • Tax returns after notarization
  • Entry in the land registry
4

Support Until Title Transfer

  • Coordination with notary
  • Review of purchase price payment
  • Ensuring debt-free transfer

Property Purchase on Mallorca – Particular Risks

Mallorca presents particular legal challenges due to its location and construction history:

Coastal protection regulations (Ley de Costas)
Rural plots with limited building permission
Fincas with non-legalized extensions
Community facilities with special assessments

Precise legal review is particularly crucial here.

Process

Process of Legal Support

1

Submission of property documents

2

Request of missing documents from seller

3

Legal analysis

4

Contract drafting / contract adjustment

5

Preparation of notary appointment

6

Tax processing

7

Land registry entry

Transparent communication. Clear recommendations. No surprises.

FAQ

Frequently Asked Questions

Do I need a lawyer as a German for property purchase in Spain?

Yes. The Spanish notary notarizes the parties' will, conducts no legal reviews, does not handle land registry transfers.

Which taxes apply when purchasing?

For resale properties, the property transfer tax (ITP) is between 6% and 13% of the purchase price depending on the region. For new builds: 10% VAT (IVA) and 1-2% stamp duty (AJD) depending on the region.

How long does the process take?

In practice between four and eight weeks, depending on documentation and financing.

What does the legal support cost?

Legal support is provided as part of a flat-rate comprehensive support for the property purchase.

Clients

Who I Work For

Buyers from Germany, Austria and Switzerland

Capital investors

Families with second home in Spain

Heirs' communities

Benefits

Why Willner Legal?

Over 20 years of legal experience

Dual qualification Germany & Spain

Office in Palma de Mallorca

Branch in Northern Spain (Galicia)

Member of the German-Spanish Lawyers Association (DSJV) and German-Nordic Lawyers Association (DNJV)

Personal support

Planning to Purchase Property in Spain?

Let's talk early – before you sign.