Pitfalls of buying property in Spain

Buying property in Spain can be a sound and attractive investment, particularly for international buyers seeking a second residence, rental income, or long-term relocation. However, international buyers must be aware of the pitfalls of buying property in Spain. Navigating local property laws, regional regulations, and administrative procedures without proper guidance can lead to significant financial and legal risks.

Understanding the pros and cons of buying property in Spain is essential to making informed decisions and avoiding costly errors. Issues such as legal irregularities, planning infringements, unexpected tax liabilities, and inadequate contractual protection are more common than many buyers anticipate.

In this guide, the legal and tax experts at Tejada Solicitors outline the most common mistakes to avoid when buying property in Spain. These include failing to carry out thorough legal due diligence, paying reservation deposits without independent legal advice, underestimating purchase taxes and hidden costs, relying exclusively on estate agents, and encountering risks linked to off-plan developments. The guide also addresses common problems arising from properties built without proper planning permissions or legal guarantees, as well as the importance of verifying key urban planning documents, including the First Occupation Licence (Licencia de Primera Ocupación).

With the right legal advice and a clear understanding of the Spanish conveyancing process, many of these risks can be effectively identified and avoided from the outset.

1. Not having your documents prepared in advance.

Legal, Technical, and Fiscal Due Diligence

One of the most common pitfalls when buying property in Spain is failing to carry out comprehensive due diligence before proceeding with the transaction. By comprehensive due diligence, we mean a full assessment of the purchase from a legal, technical, and tax perspective, ensuring that no aspect of the transaction is overlooked.

At Tejada Solicitors, our multidisciplinary team of property lawyers, tax advisers, and architects provides fully integrated support throughout the Spanish conveyancing process. This 360º legal service is designed to identify and prevent potential risks that may arise during the purchase, such as.

Common legal and technical issues identified during due diligence include:

• Delaying the application for the NIE number, the foreigner identification number required to complete any property transaction in Spain
• Failure to correctly register the property at the Spanish Land Registry following completion.
• Inadequate review of the property registration through a Land Registry extract, Nota Simple, which must accurately reflect the legal status and description of the property.
• Failure to verify that the seller is the legitimate registered owner of the property.
• Properties affected by public domain classifications or protected assets.
• Properties subject to legal protection easements or rights of way that may limit use or enjoyment.
• For beachfront properties, checking whether the property is affected by the Spanish Coastal Law (Ley de Costas).
• Existing embargoes against the property, including Property Tax, IBI, Personal Income Tax, Wealth Tax, or liabilities owed to third parties.
•  Checking if the property is affected by land protected by sectoral legislation
• Outstanding debts with the community of owners, as well as unpaid electricity or water supply bills.
• Properties subject to disciplinary or sanctioning planning proceedings, including AFO, DAFO, or SAFO situations.
• Properties affected by an Urban Legality Protection File, Expediente de Protección de la Legalidad Urbanística, EPLU.
• Absence of a valid Building Licence or First Occupation Licence, Licencia de Primera Ocupación, LPO.

New 2026 Regulation: Mandatory Disclosure for Flood-Prone Properties

• In a recent update to Spanish property regulations (July 2026), the government has made it mandatory for sellers to disclose whether a property is located in a flood zone (zona inundable) prior to completing the sale. Failing to identify this during the technical due diligence can lead to severe issues with home insurance, future resale value, and physical safety. Our architectural and legal team meticulously cross-references local urban planning maps to ensure your investment is safe from hidden environmental risks.

2. Incomplete property research

Another frequent mistake when buying property in Spain is carrying out insufficient on-site research before proceeding with the purchase. Relying solely on photographs, virtual viewings, or third-party descriptions often leads to unrealistic expectations and overlooked issues, making this one of the most common mistakes when buying a house in Spain for international buyers.

It is essential to inspect both the interior and exterior of the property in person and to do so well in advance of any contractual commitment. Buyers should take the time to assess the condition of the property, observe the surrounding area at different times of the day, and walk through the neighbourhood to understand noise levels, access, amenities, and general living conditions.

Rushing this stage of the process significantly increases the legal and practical risks when buying property in Spain and frequently results in avoidable complications that could have been identified with proper preparation and due diligence.

• The condition and energy efficiency of electrical installations and systems.
• Damage to windows, frames, doors, flooring, tiles, or roofing elements.
• The condition, maintenance, and legal compliance of swimming pools and sewage or waste treatment systems.
• Whether the property is sold furnished, in which case a detailed inventory should be prepared and photographic evidence retained.
• Potential issues relating to the boundaries of adjoining plots, where it may be advisable to request a formal measurement or technical report from a qualified professional.
• Noise levels, neighbouring properties, or ongoing disturbances that may affect enjoyment or value.

Success Story: Zero-Risk Purchase in Malaga,

CASE 1
We have been instructed by a British client who purchased a property in the province of Malaga with a complex urban planning situation and who is now facing a demolition order as a result of works carried out without the necessary licence.
The current owner was not informed, during the purchase due diligence process carried out by another lawyer, of the property’s situation on rural land subject to coastal influence. This means that the Administration may issue a demolition order in respect of the works carried out without a licence, as in this type of land the six-year limitation period for the expiry of the Administration’s power to restore urban planning legality does not apply.

CASE 2
Tejada Solicitors is also advising an American client who purchased a property in the province of Malaga and was not properly informed during the original purchase due diligence process conducted by another law firm.
Following our legal and urban planning review, we have identified that the Town Hall requires the legal and urban planning regularisation of the property. This is a complex process, and its outcome remains uncertain due to the property’s location on protected rural land, within the coastal protection area, within the protection easement zone under the Spanish Coastal Law, and inside a Natural Park.
The client was also not informed that, without the legal and urban planning regularisation of the property, it is not possible to obtain building licences or any further municipal authorisations in relation to the property.

Both matters are being handled by Tejada Solicitors through the joint work of our property lawyer, José María Oliva, and architect Francisco Criado Rodríguez, who specialises in urban planning.

Interesting read: Property condition survey

3. Avoiding professional help, such as real estate agencies or solicitor services

One of the most common overlooked pitfalls of buying property in Spain is failing to obtain truly independent professional advice, particularly independent legal representation. This risk can be effectively mitigated by appointing an experienced, English-speaking property lawyer who acts exclusively in the buyer’s interests throughout the conveyancing process.

Without proper legal advice, buyers may enter into poorly drafted private purchase or reservation contracts, which can result in the loss of the reservation deposit. Recovering such amounts can become a complex and time-consuming process, often involving litigation or prolonged negotiations.

While engaging a reputable local real estate agent is advisable due to their knowledge of the local market, pricing, and availability of properties, legal representation should always remain fully independent from the agent and the seller. Independent legal advice is essential to ensure that contracts, deposits, and the overall transaction structure are designed to protect the buyer’s legal and financial interests at every stage of the purchase.

For a full walkthrough, see our guide on how to buy property in Spain

4. Paying a deposit in advance without legal advice

Paying a reservation or holding deposit before obtaining independent legal advice is a common and avoidable risk when buying property in Spain. Buyers are often encouraged to secure a property quickly, sometimes before any legal or technical checks have been completed. This practice can conceal serious legal, planning, or financial issues and may place the deposit at significant risk.

No deposit should be paid until an independent property lawyer has completed full legal due diligence and has formally confirmed that the transaction is legally sound. Proper legal review ensures that the terms of the reservation or private purchase contract adequately protect the buyer and that any deposit paid is recoverable should the transaction not proceed.

5. Not Understanding the True Costs of Buying Property in Spain

Another major issue when buying property in Spain is failing to understand the true costs involved, particularly unexpected taxes and fees, which are among the most common mistakes buyers make.

Depending on the type of property, whether new build or resale, and the autonomous community in which it is located, buyers may be subject to transfer tax, VAT, stamp duty, notary fees, land registry costs, legal fees, and other associated charges. A clear breakdown of all costs should be obtained in advance to ensure accurate budgeting and to avoid unexpected financial exposure after completion.

6. Not Understanding the Contracts and the Spanish Conveyancing Process

A common misconception among foreign buyers is the assumption that the legal framework of their country of residence applies in Spain. This misunderstanding can lead to the inclusion of contractual clauses that are not valid or enforceable under Spanish law. Failing to fully understand the structure and legal implications of the purchase process and the terms of the contract is a significant pitfall when buying property in Spain.

Spanish property contracts are governed exclusively by Spanish legislation and are typically drafted in legal Spanish, which can be difficult for non-native speakers to interpret accurately. Misunderstanding contractual obligations, deadlines, or penalty clauses can result in financial loss or legal disputes.

For this reason, foreign buyers should always obtain clear explanations, certified translations where necessary, and the support of an independent English-speaking solicitor who can ensure that all contractual terms are fully understood and legally sound before signing.

If you are an international buyer, we recommend reading our complete guide for foreign buyers in Spain to gain a clearer understanding of the Spanish conveyancing process and your legal obligations.

7. Not Calculating the Annual Costs of Owning Property in Spain

Owning a property in Spain involves ongoing annual costs and tax obligations that are often underestimated by foreign buyers. It is essential to distinguish between Impuesto sobre Bienes Inmuebles, IBI, commonly known as Property Tax, and Non-Resident Income Tax, as these are two entirely separate taxes. Non-fiscal residents are required to pay both, regardless of whether the property is used exclusively for personal purposes or rented out.

IBI, Property Tax in Spain

The Impuesto sobre Bienes Inmuebles, IBI, is a local annual tax levied on the ownership of real estate in Spain. The applicable rate is set by each municipality and generally ranges between 0.4 percent and 1.16 percent of the cadastral value of the property, which can be verified through the Spanish Cadastre.

IBI must be paid by all property owners, whether residents or non-residents. Local councils issue an annual tax bill specifying the amount due, the payment deadline, and the available payment methods. Timely payment of IBI is essential, as late payment may result in surcharges, interest, penalties, or enforcement action by the local authority.

For tailored advice on ongoing property costs and tax obligations in Spain, we recommend seeking professional guidance before and after completing the purchase.

Non-Resident Income Tax for Property Owners, Including Private Use

Any non-resident individual who owns property in Spain, whether an urban property or a property located on rustic land, is required to file a Non-Resident Income Tax return, even when the property is used exclusively for personal purposes and does not generate rental income.

This obligation is fulfilled by submitting Form 210, Modelo 210, which must be filed annually by 31 December. The tax is calculated based on the imputed income attributed to the property and applies regardless of actual use. Failure to comply with this filing requirement may result in penalties, surcharges, or interest imposed by the Spanish Tax Agency.

8. Pitfalls When Buying a Property for Letting and Tourist Rental Licensing

Failing to verify the legal requirements for obtaining a tourist rental licence is one of the most serious risks when buying property in Spain, particularly for investors purchasing with the intention of letting the property on a short-term or holiday basis. Before completing the purchase, it is essential to confirm that the property meets all legal conditions required to operate as a tourist rental.

One of the key requirements is the existence of a valid First Occupation Licence, Licencia de Primera Ocupación, which is usually mandatory for tourist rental registration. Without this licence, it may be impossible to legally obtain a tourist licence, resulting in restrictions on rental activity.

In Andalusia, tourist rental properties are regulated by Decree 28/2016 of 2 February, which governs Properties for Tourist Purposes, Viviendas con Fines Turísticos, VFT, and requires mandatory registration in the Andalusian Tourism Registry. Failure to comply with this regulation may lead to fines, administrative sanctions, or the inability to operate the property legally.

9. Special Assessments and Works Related to Community Facilities

To avoid additional pitfalls when buying property in Spain, it is essential for your property lawyer to verify with the community of owners whether there are any approved future works, special assessments, or pending proceedings affecting the property. These matters are often overlooked and can result in significant unexpected costs for the new owner after completion.

Such works may include renovations or improvements to common areas, gardens, swimming pools, lifts, structural elements, or building façades. If these works have been approved by the community prior to completion, the associated costs may be passed on to the buyer, depending on the timing and the terms agreed in the purchase contract.

For this reason, confirming the financial and legal position of the community of owners forms a crucial part of the due diligence process when purchasing property in Spain.

10. Currency Exchange Risks When Buying Property in Spain and How to Avoid Costly Mistakes

When buying property in Spain as a non-resident, currency exchange risk is one of the most frequently overlooked yet financially significant factors. Exchange rates fluctuate continuously and even small variations can have a substantial impact on the final purchase price or on the funds received upon resale, particularly when transferring large amounts into euros.

Failing to plan currency transfers in advance can result in considerable financial losses, as poor timing may mean gaining or losing thousands of euros. This risk is especially relevant for buyers purchasing with sterling, US dollars, or other non-euro currencies.

Using specialist foreign exchange services allows buyers to manage market volatility, secure more favourable exchange rates, and reduce uncertainty throughout the transaction. Implementing a clear currency strategy from the early stages of the purchase process is essential to mitigate this often-underestimated financial risk when buying property in Spain.

Spanish law provides specific protections for buyers making advance payments on properties under construction, however these safeguards must be properly implemented and verified.

Under current Spanish legislation, specifically the First Additional Provision of Law 38/1999 on Building Regulation, developers are legally obliged to secure all advance payments received from purchasers, together with the corresponding annual interest. This protection must be provided through an individual bank guarantee or insurance policy issued in favour of the buyer.

Failure to ensure that these guarantees are in place before paying any amounts on account can leave buyers exposed in the event of delays, insolvency of the developer, or non-completion of the project. For this reason, thorough legal due diligence and independent legal advice are essential before committing to an off-plan purchase in Spain.

12. Beware of Fake Estate Agent Scams in Spain”

Fraud involving so-called fake estate agents is an increasing risk for foreign buyers, particularly those purchasing property in Spain remotely or from abroad. These scams typically involve the advertisement of attractive properties at competitive prices, followed by requests for advance payments to secure a reservation or viewing.

Once funds are transferred, the individuals involved often disappear, leaving buyers with little recourse. Such schemes frequently rely on creating artificial urgency, pressuring buyers to act quickly in order to bypass proper legal and identity checks.

To minimise this risk, buyers should always verify the credentials and registration of any estate agent involved, avoid making upfront payments without legal safeguards, and seek advice from an independent property lawyer before proceeding with any transaction.

We help you avoid the pitfalls of buying a property in Spain

If you have read this guide, you will now be aware of the most common pitfalls when buying property in Spain and how these issues can arise throughout the purchase process. For this reason, obtaining advice from a lawyer specialising in Spanish property conveyancing is essential to ensure a secure and well-structured transaction.

Tejada Solicitors is a multidisciplinary law firm comprising experienced property lawyers, tax advisers, and architects, providing comprehensive 360º legal and technical support to international buyers. Get in touch with Tejada Solicitors via our contact form to avoid the pitfalls and common mistakes of buying property in Spain and enjoy a smoother property purchase experience.

The following table summarises the most common pitfalls when buying property in Spain and the recommended actions to avoid costly mistakes during the purchase process:

In conclusion, by understanding both the advantages and the risks, and by recognising the most common pitfalls, foreign buyers can make informed decisions and avoid costly errors when purchasing property in Spain. Proper legal, tax, and technical advice remains the key to a secure and successful property transaction.