Notary, lawyer, and NIE number: who arranges what when purchasing in Spain?
When buying property in Spain, you deal with more parties than in the Netherlands or Belgium. There is a notary, but they do something different from what you might expect. You also need an NIE number, you often choose your own lawyer, and a gestor handles the paperwork. Who does what, and what do you need to arrange yourself? We have listed it all for you.
The NIE number: your first step
The Número de Identidad de Extranjero (NIE) is your Spanish tax identification number. Without an NIE, you cannot buy a home, open a Spanish bank account or put utilities in your name. So apply for it as soon as you start looking seriously.
You apply for an NIE using form EX-15 and pay the fee via form 790 (code 012); this is €9.84 (Gobierno de España). If you live outside Spain, you can submit the application via the Spanish consulate in your country of residence. If you are in Spain, you can also apply at the National Police (Policía Nacional), by appointment. You can also authorise someone in Spain to apply on your behalf, such as your lawyer or a gestor. Bring your passport and allow for waiting times for an appointment.
The lawyer: works only for you
A lawyer is not mandatory in Spain, but highly recommended. Your lawyer represents only your interests. They check the Land Registry to verify that the property is free of debts and charges, check whether extensions have planning permission, and review the reservation contract and the purchase agreement (contrato de arras) before you sign. With a power of attorney, your lawyer can also sign on your behalf, apply for your NIE and open a bank account.
Expect a fee of approximately 1 percent of the purchase price, plus 21 percent VAT. Choose a lawyer who is independent of the seller and the developer, and who speaks your language or works with a translator.
The notary: impartial, not your advisor
The purchase is completed at the notary's office, where the buyer and seller sign the deed (escritura). The Spanish notary is an impartial public official. The notary verifies that the deed complies with the law, records the will of both parties, and gives both parties free information about the deed, taxes and registries (Consejo General del Notariado). As a buyer, you may choose the notary yourself.
What the notary does not do: assess whether the property is a good buy, or defend your interests against the seller. That is what your own lawyer is for. If you do not speak Spanish, you must be able to show that you understand the deed; an interpreter is often present for this.
The gestor and the Land Registry
After the notary comes the paperwork. A gestor is an administrative service provider who files and pays the transfer tax, has the deed registered, and often also transfers water, electricity and the IBI into your name. If you take out a mortgage, the bank usually selects and pays the gestor.
Registration in the Land Registry (Registro de la Propiedad) makes your ownership public. Only after registration are you protected as the owner against everyone. This usually takes a few weeks.
Who arranges what, step by step
Step | Who | What you do |
|---|---|---|
Apply for an NIE | You, your lawyer or a gestor | Provide your passport and form EX-15 |
Check the property and ownership | Your lawyer | Ask questions, review documents |
Reservation and purchase agreement | Your lawyer and the seller | Sign and pay the deposit once your lawyer approves |
Mortgage (if needed) | The bank | Provide income details, pay for the valuation |
Sign the deed | The notary | Sign, in person or by power of attorney |
Tax, registration and utilities | The gestor | Provide bank details and contact information |
Can't attend the notary? Use a power of attorney
If you cannot come to Spain to sign, you can grant someone a power of attorney (poder notarial). This is often your lawyer. You sign the power of attorney before a Spanish notary, at a Spanish consulate, or before a notary in your home country with an apostille and a sworn translation. Make sure it states exactly what your representative may do on your behalf, and limit it to this purchase.
A good team around you
Buying in Spain goes smoothly when you know who does what and work with the right people. Arrange your NIE in time, choose an independent lawyer and leave the paperwork to an experienced gestor. Also read about the pitfalls we see most often and what you pay on top of the purchase price.
At Palmhouses, you have one dedicated contact person who coordinates the entire process, from your NIE until after the key handover. No fine print and no ambiguities. Are you already looking around? View apartments on the Costa Blanca or houses in Torrevieja.
Unsure where to start? Schedule a no-obligation video call. We are happy to think it through with you.
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