Real Estate Pitfalls in Spain: A Guide for Foreign Buyers (2026)

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The flat on the Costa Brava looked perfect in the photos. Sea view, new kitchen, a price that seemed fair. Three months after signing, the buyer discovered the kitchen extension was never licensed, the community owed two years of fees, and the agent’s commission had quietly been added to his side of the bill.

None of that is unusual. Spain is a safe place to buy property, but its rules are different from the UK, the US or Canada, and most problems are visible before you sign if you know where to look.

Nota Simple Contrato de Arras Updated 2026
10 to 15%Typical taxes and costs on top of the price
4 to 8 weeksFrom deposit to notary, in most sales
NIERequired before you can sign

The Five Pitfalls We See Most

  1. Listings that do not match the registrySquare metres, rooms or extensions that were never legalised. The Nota Simple from the Land Registry shows the real owner, size and charges.
  2. Hidden debts on the propertyMortgages, seizures, unpaid community fees or local taxes can follow the property to the new owner.
  3. Unclear feesIn many sales the seller pays the agent. Make sure every cost is written in the contract before paying anything.
  4. Missing documentsHabitability certificate, energy certificate and community records should be available before you pay.
  5. Unregistered agentsIn Catalonia, agents must be on the AICAT register. Check before trusting anyone with a deposit.

Example

Sophie, from Manchester, was about to pay a €30,000 deposit for a villa near Begur. Our registry check showed a pending seizure from an old tax debt of the seller. The deposit contract was rewritten so the debt had to be cleared before completion, or her deposit would be returned.

What About the 100% Tax for Non-EU Buyers?

In January 2025 the Government announced a proposal to tax property purchases by non-EU non-residents at up to 100% of the price. As of 2026 it has not been approved by Parliament. We monitor it and will update this guide if that changes.

How to Protect Yourself

Before the offer

Nota Simple and cadastral check Planning and licence status Tourist-rental rules if you plan to rent

Before the deposit

Arras contract with exit clauses All fees written down Community and tax debt certificates

Before the notary

NIE and Spanish bank account Final registry update Itemised tax and cost budget

Buying on the Costa Brava or in Girona? See how we handle the whole purchase on our conveyancing service page.

Conveyancing Solicitors in Spain: Girona and Costa Brava Our Service Conveyancing Solicitors in Girona and Costa Brava See how we help →

Why Buying Is Harder Than It Looks

  • Paying a deposit before any legal check.
  • Trusting the listing instead of the Land Registry.
  • Using the agent’s standard contract, written to protect the sale, not you.
  • Assuming buying a property gives you residency: since 2025, it does not.

That kitchen extension could have been spotted in an afternoon. A legal check before the deposit costs far less than fixing a problem after the notary.

Talk to a Lawyer Before You Pay a Deposit

If you have found a property and want to know whether it is safe to buy, that is exactly what a consultation is for. At MigratioLex, we review your specific case, not a generic checklist. We respond within 24 hours, in English, French or Spanish.

Book Your Initial Consultation

This article is for informational purposes only and does not constitute legal advice. Costs and timelines are typical ranges and vary by region and property. The status of the proposed tax on non-EU buyers reflects public information in 2026. The example is illustrative.

Picture of Raquel Carmona Flaquer

Raquel Carmona Flaquer

Immigration and Commercial Law Attorney ICAFI 829

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