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 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.
If you are looking for a broader explanation of the entire process, you can also read our guide to buying property in Spain as a foreign buyer, where we explain the main stages of a Spanish property purchase from an international buyer’s perspective.
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.
What Does a Lawyer Check Before You Buy a Property in Torrevieja?
Before buying a property in Torrevieja, a lawyer should check the legal ownership, Land Registry charges, community and tax debts, cadastral and planning status, the contracts you are being asked to sign and any other circumstances that could affect the legal security of the transaction.
These are some of the most important checks.
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, attachments 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 throughout much of Alicante province, many local tax matters are administered 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 agreed 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.
These checks form part of the advice we provide through our real estate services in Torrevieja, adapting the legal review to the circumstances of each property and buyer.
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 Is the Process of Buying a Property in Torrevieja?
Every transaction is different, but a typical property purchase usually follows these stages.
Reservation
A sum of money may be 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 — Impuesto sobre Transmisiones Patrimoniales or ITP — in the Valencian Community is 9%.
For properties with a value exceeding €1,000,000, the applicable rate is 11% on the taxable base corresponding to the acquisition.
Reduced rates are 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 or AJD, must also be taken into account.
From 1 June 2026, the general AJD rate in the Valencian Community is 1.4%.
Reduced rates may apply in certain legally defined situations where all the relevant 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 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.
Practical Example: Buying a €180,000 Property in Torrevieja
Suppose a foreign non-resident buyer purchases a resale property in Torrevieja for €180,000, without a mortgage, and that €180,000 is also the applicable taxable base.
| Concept | Calculation | Amount |
|---|---|---|
| Property purchase price | — | €180,000 |
| General ITP | 9% of €180,000 | €16,200 |
| Purchase price + ITP | €180,000 + €16,200 | €196,200 |
| Other costs | Notary, Land Registry and legal advice | Depends on the transaction |
Important: this example is for guidance only. The tax cost may be different if the applicable taxable base is not the same as the purchase price, for example because of the property’s cadastral reference value. The €196,200 figure also excludes notary fees, Land Registry fees, legal fees and any other costs that may apply to the transaction.
That is why, before signing an arras contract or paying a substantial deposit, it is advisable to calculate the real cost of buying the property, rather than looking only at its sale price.
Does Buying a Property Give You the Right to Live in Spain?
No.
Buying a property in Spain does not automatically give you a residence permit.
Buying a home and obtaining the right to reside in Spain are separate legal processes.
In addition, since April 2025, property investment no longer allows new applications under the route previously known as the Golden Visa.
If you are planning to buy a home and move permanently to Torrevieja, it is sensible to consider the property transaction and your residence position in Spain separately before making your final decision.
After Buying: Obligations of a Foreign Property Owner
Signing the title deed does not bring every obligation connected with the property to an end.
Depending on the buyer’s circumstances, there may subsequently be obligations relating to IBI, the community of owners, utilities and taxation for non-residents.
For that reason, when advising on a purchase we also recommend that buyers understand, before signing, which obligations they will have once the property has been registered in their name.
What If I Want to Rent the Property to Holidaymakers?
If holiday rentals form part of your plans, their viability should be checked before buying the property.
Not every property can automatically be used for tourist accommodation, and tourism, planning and administrative requirements need to be considered in each individual case.
You can find further information about the applicable requirements in our service for obtaining a tourist licence in Torrevieja.
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. It is advisable to request a written quotation before proceeding and to check exactly which services are included, such as legal checks, contracts, completion, tax formalities and Land Registry procedures.
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 must 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 rather than leaving it until shortly before completion.
If I Buy a Property, Do I Get Spanish Residency?
No. Buying a property and obtaining the right to reside in Spain are separate legal processes. Since April 2025, purchasing real estate also no longer provides access to new applications under the former Golden Visa property investment route.
What Happens If the Property Has an Extension That Does Not Appear in the Documentation?
It needs to be investigated. The answer will depend on factors such as when the extension was built, the classification of the land, the documentation available 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 particular circumstances should be reviewed in each transaction, especially where non-residents or other unusual situations are involved.
Can I Rent My Torrevieja Property to Holidaymakers?
It depends on the property and whether it complies with the applicable tourism, planning and administrative 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 ultimately cannot 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 with experience in property purchases and legal advice for international buyers.
In-person, telephone and video consultations.
Advice available in English and Spanish.
Contact Antón & Asociados Abogados before signing or paying a substantial deposit.
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 depends on the circumstances of each case.
