The dream is real. So is the paperwork.
Buying a property in Torrevieja is a goal for many people who come to the area every year from the UK, Ireland, Belgium, Poland, Norway, Sweden and other European countries.
The climate, the sea, property prices and quality of life make the southern Costa Blanca particularly attractive for anyone looking for a second home, somewhere to retire or a property investment.
The complications usually start when it is time to actually buy.
The Spanish system probably works differently from the one you are used to at home. There is an estate agent, a notary, the Land Registry, taxes, the Cadastre, the local council, contracts, possible community debts and, with some properties, planning issues that need to be checked.
And each professional has a different role.
The Notary
The notary plays an essential and impartial public role in a Spanish property transaction, but the notary is not the buyer’s personal lawyer. The estate agent is involved in the sale, but does not replace independent legal advice from someone whose job is to protect your interests.
That is where a lawyer comes in.
In this article, we explain in straightforward terms what you should check before buying a property in Torrevieja, what the purchase is likely to cost you and which problems are worth identifying before you hand over any money.
Is it compulsory to use a lawyer when buying property in Spain?
No.
Spanish law does not require you to appoint a lawyer to buy a property. You can purchase and sign the title deed before a notary without having one.
The real question is: who is checking the transaction solely from your point of view?
A lawyer can review the property’s Land Registry and cadastral status, outstanding debts, the contracts you are being asked to sign, relevant planning issues and the tax implications of the purchase.
They may also identify something that is sometimes more important than simply getting the deal completed: a reason not to buy the property, or a reason to renegotiate the terms.
That is why we recommend independent legal advice, particularly when you are buying in a country whose legal and property system you may not be familiar with.
9 problems worth ruling out before you buy
1. Mortgages, charges and other encumbrances
Just because the seller says a mortgage has been paid off does not necessarily mean it has disappeared from the Land Registry.
The mortgage may have been repaid years ago but still remain registered against the property.
Before buying, up-to-date Land Registry information should be obtained to confirm who actually owns the property and whether any mortgages, charges or other encumbrances are registered against it.
2. Debts owed to the community of owners
This is particularly important when buying in a development with a swimming pool, gardens, lifts or other communal facilities.
The buyer should check whether there are any outstanding community fees or special assessments and understand any liabilities that may legally affect the property.
Discovering a substantial special assessment after completion can turn what looked like a good purchase into a rather expensive surprise.
3. IBI and other local taxes
The position regarding IBI, the local property tax, and other local charges associated with the property should also be checked.
In Torrevieja and much of Alicante province, many local tax matters are handled through SUMA Gestión Tributaria.
It is a relatively straightforward check and one that is best carried out before completion.
4. The property does not match the Land Registry records
This is fairly common on the Costa Blanca.
A property may have an enclosed terrace, an additional room, a swimming pool, a converted basement or simply more built area than appears in the official documentation.
That does not automatically mean you should not buy it.
It does mean you need to establish what was built, when it was built and whether the Land Registry, Cadastre and planning records accurately reflect the property as it stands today.
5. Extensions or alterations that have not been properly declared
An extension or alteration that is not correctly reflected in the documentation can cause problems when applying for a mortgage, selling the property in the future or trying to regularise the situation.
In some cases there is a solution. In others, resolving the problem may be difficult or may not be possible at all.
It is better to know before you buy.
6. Properties on rural land or with planning issues
In inland areas of the Vega Baja, there are properties built on non-developable land or with very different planning situations.
Not every property has the same problem, and not every one should automatically be ruled out.
That is precisely why each property needs to be considered individually and its planning position checked with the relevant local council before you make a significant financial commitment.
7. Buying a new-build property and paying money in advance
When buying off-plan, a significant part of the purchase price may be paid before you actually receive the property.
Before making these payments, the developer’s contract should be reviewed and the legally required safeguards protecting advance payments during construction should be checked.
It is not advisable to hand over substantial sums simply because you trust the development or the estate agent.
The paperwork needs to be in order too.
8. Signing an arras contract without fully understanding it
This is one of the stages where buyers need to be particularly careful.
It is common to pay a deposit quickly because you are worried that somebody else might buy the property.
But an arras contract is not simply a receipt for a deposit.
It should clearly establish what happens to the money if the transaction does not proceed, the relevant deadlines, each party’s obligations and the circumstances in which the money can be recovered.
Before transferring several thousand euros, it is worth knowing exactly what you are signing.
9. The seller is non-resident, the property has been inherited or someone is acting under a power of attorney
Not every property transaction is straightforward.
If the seller is not tax resident in Spain, the buyer is generally required to withhold 3% of the purchase price and pay it to the Spanish Tax Agency using Form 211.
If the property has been inherited, it is necessary to check that the inheritance has been properly dealt with and establish who has the legal authority to sell.
And if either party is acting through a power of attorney, the power must also be checked to make sure it is valid and sufficient for the transaction.
The NIE: one of the first things to arrange
If you are a foreign national buying property in Spain, you will need an NIE, or Número de Identidad de Extranjero.
It is your foreigner’s identification number and is needed for dealings with the Spanish authorities and for the tax obligations connected with the purchase.
An NIE is not a residence permit.
Owning a property in Spain and having the right to live in Spain are two different things.
How do you obtain an NIE?
You will normally need to make an appointment, complete Form EX-15, pay the relevant fee and provide your passport together with documents explaining the reason for your application.
Appointment availability can vary, so we recommend not leaving this until the last minute.
Depending on your circumstances, the process may also be handled through a representative or through the appropriate Spanish consulate in your country of residence.
What does the buying process look like?
Every transaction is different, but a typical property purchase usually follows these stages:
Reservation
A sum of money is paid to reserve the property. Before paying, you should understand exactly what the payment is for, the conditions attached to it and when it can be refunded.
Legal checks on the property
Your lawyer reviews the property and its documentation, including the Land Registry, Cadastre, outstanding debts and any relevant planning, tax or contractual issues.
Arras contract
The purchase price, deadlines, conditions of the sale and consequences if either party fails to comply are agreed.
NIE and preparation of funds
The buyer needs to have the necessary documentation ready and arrange in advance how the purchase funds will be transferred.
Completion before the notary
The public deed of sale is signed before a Spanish notary and possession of the property is handed over in accordance with the agreed terms.
Taxes
The relevant taxes must then be paid.
Land Registry
Finally, the property is registered in the name of the new owner.
Timescales vary. A purchase without mortgage finance and with all the documentation in order can progress relatively quickly. A transaction involving a mortgage, documentation problems or planning issues will take longer.
How much does it cost to buy a property in Torrevieja in 2026?
This is particularly important because property taxation in the Valencian Community changed on 1 June 2026.
Many articles still available online use the previous tax rates.
Resale property
From 1 June 2026, the general rate of Property Transfer Tax (ITP) in the Valencian Community is 9%.
For properties with a value exceeding €1,000,000, the rate is 11% on the taxable base applicable to the acquisition.
Reduced rates are also available in certain circumstances, but they are subject to specific requirements. You should not assume that a reduced rate applies without first considering the buyer’s individual circumstances.
You will also need to take into account notary fees, Land Registry fees and legal fees, together with any other costs applicable to the particular transaction.
New-build property
The purchase of a new-build residential property is generally subject to 10% VAT (IVA).
Stamp Duty, known in Spain as Actos Jurídicos Documentados (AJD), must also be taken into account.
From 1 June 2026, the general AJD rate in the Valencian Community is 1.4%.
A reduced AJD rate of 0.1% applies to the purchase of a main residence where the relevant legal requirements are met.
Be aware of the property’s cadastral reference value
This is something many overseas buyers are unfamiliar with.
When calculating ITP, it is not always enough to look at the price stated in the title deed.
If the property has an official cadastral reference value and that value applies under Spanish tax rules, it can affect the taxable amount on which ITP is calculated.
Imagine finding a property at an excellent price and negotiating a purchase below what you expected to pay. That does not necessarily mean your tax will be calculated solely on the price you have agreed with the seller.
That is why we recommend checking the cadastral reference value before signing the arras contract and calculating the likely tax cost of the transaction in advance.
A simple example
Suppose a Belgian non-resident buys a resale apartment in central Torrevieja for €180,000, without a mortgage, and €180,000 is the applicable taxable base.
ITP at 9% would be €16,200.
You would then need to add notary fees, Land Registry fees, professional fees and any other costs applicable to the transaction.
That is why we do not recommend making a buying decision based solely on the advertised purchase price.
Before signing, you should know what it will actually cost to have the property registered in your name.
Does buying a property give you the right to live in Spain?
No.
Buying property in Spain does not automatically give you a residence permit.
The property investment route commonly known as the Golden Visa stopped accepting new applications through this route in April 2025.
EU, EEA and Swiss citizens benefit from freedom of movement, subject to the relevant registration requirements when living in Spain for certain periods.
British citizens and other non-EU nationals are subject to a different regime and will need to consider which residence option may be available to them if they want to remain in Spain for longer than the period permitted as a visitor.
So if you are planning to buy a home and move permanently to Torrevieja, it makes sense to consider both issues from the outset: buying the property and your residence status in Spain.
One does not automatically resolve the other.
There are still obligations after you buy
Receiving the keys is not the end of the paperwork.
Foreign property owners may have a number of ongoing tax and administrative obligations in Spain.
These can include IBI, waste collection charges, community fees, utilities and, if you are not tax resident in Spain, Non-Resident Income Tax through Form 210 where applicable.
This last point is often overlooked.
A non-resident owner may still have tax obligations relating to the property even if it is not rented out and is only used for a few weeks each year.
It is also worth considering whether to make a Spanish will if you own assets in Spain. In international estates, this can simplify the process and make matters considerably easier for your heirs.
What if I want to rent the property to holidaymakers?
This should be considered before buying if holiday rentals are part of your plans.
We do not recommend buying a property on the assumption that you will automatically be able to use it for holiday lets afterwards.
In the Valencian Community there are tourism, planning and administrative requirements that need to be checked, and the position can vary depending on the property, the municipality and the individual circumstances.
In Torrevieja, it is important to check in advance whether the property meets the relevant requirements and to obtain whatever documentation and authorisations are required.
If the expected return on your investment depends on holiday rentals, this check should be carried out before you buy, not afterwards.
Why use a lawyer in Torrevieja?
When you buy property in another country, one of the biggest difficulties is not simply the language.
It is not knowing how the system works.
You may not know which documents are standard, which clauses deserve a second look, how long a particular procedure should normally take or whether a seemingly minor issue could become a significant problem later.
Being based in Torrevieja means we deal regularly with the Land Registries, notaries, public authorities and local councils across the southern Costa Blanca and are familiar with the issues that commonly arise in property transactions in this area.
But there is another important point.
The buyer’s lawyer does not need the property to sell.
Our job is not to persuade you to buy. It is to review the transaction and explain clearly what you are buying, what the risks are and what options you have.
Sometimes the conclusion will be that everything is in order and you can proceed.
At other times, we may recommend renegotiating a condition, resolving a problem before completion or, if the risk justifies it, reconsidering the purchase altogether.
Frequently asked questions
Is it compulsory to use a lawyer when buying property in Spain?
No. There is no legal requirement to do so. However, an independent lawyer can review the legal position of the property and the contracts before the buyer pays substantial sums or signs the title deed.
How much does a lawyer in Torrevieja charge for a property purchase?
It depends on the law firm, the purchase price and the complexity of the transaction. We recommend asking for a written quotation before proceeding and checking exactly which services are included.
Can I buy a property without being in Spain on the day of completion?
Yes. You can grant a power of attorney allowing another person to act on your behalf. If the power of attorney is signed outside Spain, it will need to meet the necessary requirements to be valid for use in Spain.
How long does it take to obtain an NIE?
This mainly depends on appointment availability and the circumstances of the application. It is best to start the process as soon as you are seriously considering a purchase.
If I buy a property, do I get Spanish residency?
No. Buying property and obtaining residence in Spain are separate processes.
What happens if the property has an extension that does not appear in the paperwork?
It needs to be investigated. The answer will depend on factors such as when the extension was built, the classification of the land and the applicable planning rules. Not all extensions have the same legal position or the same possibilities for regularisation.
Who pays the municipal capital gains tax, or plusvalía municipal?
In a property sale, it is generally payable by the seller, although there are specific situations that need to be considered, particularly where non-residents are involved.
Can I rent my Torrevieja property to holidaymakers?
It depends on the property and whether it complies with the applicable tourism and planning requirements. If you are buying with the intention of offering holiday lets, we recommend checking whether this is viable before committing to the purchase.
Talk to us before you sign
Many of the problems we see after a property purchase could have been identified before the buyer paid the deposit.
A mortgage that remains registered, an extension missing from the paperwork, an outstanding debt, an arras contract that offers the buyer too little protection or a property that cannot ultimately be used in the way the buyer expected.
When a problem is discovered beforehand, there are usually options.
Once the property has been bought, those options become more limited.
At Antón & Asociados Abogados, we advise international buyers purchasing property in Torrevieja and across the southern Costa Blanca.
We review the property and its documentation, explain clearly what the client is signing and assist throughout the transaction until the property is correctly registered in the buyer’s name.
And if we find a problem, we tell you.
Because buying a home in Spain should begin with knowing exactly what you are buying.
Antón & Asociados Abogados
Lawyers in Torrevieja
In-person, telephone and video consultations
Spanish and English
- This article is for general information purposes only and does not constitute individual legal advice. Tax, property, tourism and immigration rules may change, and their application will depend on the circumstances of each case.
