Real estate lawyer in Gandia, advice about the process of buying a property in Gandía or Oliva (La Safor). This act can be divided into three different steps:
1. Deposit contract: the procedures or proceedings prior to the sale.
2. Public deed, at the notary in Gandia or Oliva, it´s the contract of the sale.
3. Tax and proceedings after the sale, in the Agencia Tributaria Valenciana of the GVA, y Registro de propiedad (Land Registry) in Gandia or Oliva.
Purchasing a property in Gandía, or towns surround as Miramar, Villalonga, Olica or Piles, for example, can be an exciting opportunity, whether for relocation, investment, or vacation purposes. However, the process involves specific legal steps, documentation, and tax obligations that every buyer should understand. Real estate lawyer in Gandia and Oliva provides legal advice for foreigners buying a home in Gandia.
We hope to help you with a complete overview of what you need to know before purchasing a home in Gandía, or La Safor. We also con help you in our office in Gandía. Lawyers with 25 years of experience, and specializing in property law.
1. Preparation and Hire a Professional Lawyer.
2. Obtaining the Necessary Documentation, as NIE Number.
All foreign purchasers must obtain a NIE (Número de Identidad de Extranjero), which is required for signing contracts, paying taxes and registering the property.
You also need a Spanish Bank Account. Most transactions—especially related taxes, utilities, and mortgages—are paid from a Spanish bank account.
3.- Once accepted, the buyer and seller usually sign a «reservation agreement». This Reservation Agreement (Contrato de Reserva) is a short, initial document that removes the property from the market for a limited time, requires a small deposit (often € 3,000–€ 6,000), allows your lawyer to conduct preliminary checks.
It is not always legally binding, but it sets the basis for the next steps.
4. Due Diligence and Legal Checks. Next steps are only for your Lawyer.
Your lawyer should verify, that the property ownership and title (Nota Simple from the Land Registry), otutstanding debts or charges (mortgages, liens), urban planning status and building licenses, community fees and local taxes and also the energy certificate (CEE).
6. The Private Purchase Contract (Contrato de Arras). If all is satisfactory, the parties sign a Contrato de Arras (deposit contract). There are three types, but the most common is arras penitenciales.
In that contract the buyer typically pays around the 5/10% of the property price, and set a deadline for signing the final deed. Includes penalties for cancellation.
Arras penitenciales in Spain means usually that if the buyer withdraws loses the deposit and if the seller withdraws must return double the deposit.
7. Signing the Public Deed (Escritura Pública) in a notary (notario) of Gandía or Oliva.
In this act the keys are handed over and the sell is finish.
8. After signing the deed is submitted to the Land Registry (Registro de la Propiedad) of Gandía or Oliva.
You should to pay the taxes in ATV, and utility services and community fees are transferred to the new owner.
Taxes is a 10% of the purchase price for residential properties, but a 21% for land or commercial property, if you are a investor.
Stamp Duty (Actos Jurídicos Documentados — AJD) is anothe tax of 1%–1.5%.
The Notary fees are around € 900 – € 1.500 and Land Registry fees € 400–€1,000.
