Buying property in Spain: what French buyers need to know

Spain is the most popular destination for French property buyers abroad, and it is easy to understand why. The Costa del Sol, the Costa Blanca, Barcelona and the Balearic Islands attract thousands of French buyers every year, drawn by the climate, lifestyle, and relative proximity to France. What is less obvious is that the buying process in Spain works quite differently from what you are used to in France. Knowing these differences in advance helps you navigate the process confidently and understand how legal protections work in Spain.

Before you begin, you will need a NIE number (Número de Identidad de Extranjero) — the Spanish tax identification number required of all foreign buyers. You should apply for this early in the process, as it is needed before you can sign any contract or complete a purchase. As a French citizen and EU national, you have exactly the same property rights as Spanish nationals.

1. The role of the notary

In France, the notary is involved from the compromis de vente onwards: gathering documents, holding the deposit in escrow, advising both parties, and managing all payments through to completion. In Spain, the notary's role is far more limited. They are present solely at the signing of the final deed — the escritura pública — where they verify the identity of both parties, confirm the legal standing of the property, and authorise the public deed, which is then registered in the Registro de la Propiedad (Land Registry) by the gestoría or buyer's representative. The Spanish notary does not advise either party, does not hold deposits, and does not manage payments. Once the deed is registered, Spain’s Land Registry system guarantees your legal ownership — the protections are robust, but they rely on your lawyer doing the groundwork correctly before you reach that stage.

This is why engaging an independent abogado (lawyer) is so important in Spain. They carry out the due diligence, review all contracts, and protect your interests — the role the French notary fills automatically. Lawyer fees are typically around 1% plus VAT, and are a worthwhile addition to your budget.

Good to know: Notary fees in Spain are lower than in France — typically 0.5% to 1% of the purchase price — as they cover the deed only, not the broader advisory and management role you are accustomed to in France.

2. The pre-sale contract and deposit

Once an offer is accepted in France, you sign a compromis de vente with the notary. This gives you a 10-day cooling-off period, an automatic suspensive clause if your mortgage is declined, and your deposit (5% to 10%) is held securely in escrow.

In Spain, the equivalent is the contrato de arras — a private contract between buyer and seller, typically prepared by the estate agent or your lawyer. When you sign it, you pay a 10% deposit directly. Three important differences from the French system:

• There is no cooling-off period once you have signed
• If you withdraw, you lose your deposit; if the seller withdraws, they repay you double
• A suspensive clause for mortgage approval is not automatic — request it explicitly from your lawyer before signing

Before the contrato de arras, many agents will ask you to sign a reserva — a smaller holding deposit (typically €3,000 to €6,000) to take the property off the market while legal checks are carried out. Always have your lawyer review this before signing or paying anything.

Good to know: Unlike in France, the deposit in Spain is paid directly to the seller's agent or seller — not held by a neutral third party. Your lawyer should verify the terms before you commit.

3. Purchase costs and transfer taxes

Purchase costs in Spain are higher than in France. Total acquisition costs for an existing property are around 7% to 8% of the purchase price. In Spain, they typically range from 10% to 12%, driven mainly by the regional transfer tax (ITP — Impuesto sobre Transmisiones Patrimoniales), which varies by autonomous community. For a new-build, you pay 10% VAT (IVA) plus stamp duty instead of ITP.

Regional ITP rates for the most popular French buyer destinations:

• Andalucía (Costa del Sol, Seville): 7%
• Murcia (Costa Cálida): 8%
• Comunidad Valenciana (Costa Blanca, Valencia): 10%
• Catalonia (Barcelona, Costa Brava): 10%
• Balearic Islands (Mallorca, Ibiza): 8% to 11%

A practical example — €300,000 resale property in Andalucía:

ITP at 7%: €21,000 | Notary & registry: ~€2,100 | Lawyer: ~€3,630 | Gestoría: ~€400

Total: approximately €27,000 — around 9% of the purchase price.

Andalucía has one of the lowest ITP rates in Spain. In regions with 10% ITP, total costs on the same property would be closer to 11% to 12%.

4. Seller disclosure and property surveys

Spain has no equivalent of the French mandatory survey pack. When you buy in France, the seller must provide a comprehensive set of reports with the compromis de vente — including the DPE (energy rating), asbestos report, termite inspection, and others depending on location. In Spain, the seller is only legally required to provide an energy performance certificate. In Catalonia, a cédula de habitabilidad (habitation licence) is also required. There is no equivalent to the French mandatory survey pack.

For this reason, commissioning an independent structural survey from an architect is advisable for older or heavily renovated properties. These checks — planning permissions, building licences, outstanding debts, and community fees — are typically carried out by your lawyer during due diligence. Note that the legal guarantee for hidden defects (vicios ocultos) is just six months in Spain for resale properties, compared to a longer period in France — another reason why thorough due diligence before signing matters.

Good to know: Estate agents in Spain are less regulated than in France, where a carte professionnelle is required nationally. Always verify your agent's credentials and ensure your lawyer reviews all documentation independently.

5. Payment at completion

One of the most practical differences to prepare for is how payment works at completion. Unlike in France, where the notary manages the transfer of funds, Spain has no equivalent central mechanism. Payment is typically made by banker's cheque (cheque bancario) drawn on a Spanish bank, or by bank transfer, on the day of signing the escritura. Your lawyer will confirm the payment method in advance. Either way, opening a Spanish bank account early in the process is essential — you will also need it to set up direct debits for ongoing costs such as community fees and utility bills.

After signing, a gestoría — an administrative services firm with no direct French equivalent — handles the payment of transfer taxes, Land Registry fees, and all associated paperwork on your behalf. You can expect to receive your registered title deed (escritura inscrita) within four to eight weeks of completion.

Good to know: Plan your currency transfer carefully. The banker's cheque must be available on the day of signing, so allow time for international transfers to clear into your Spanish account in advance of the completion date.

6. Estate agent commission

Agent commission in Spain is most commonly paid by the seller — typically between 3% and 6% of the sale price, plus VAT. This is broadly similar to France, where commission is also typically paid by the seller. However, practices in Spain are not standardised: depending on the agent, commission may be paid entirely by the seller, entirely by the buyer, or split between both. Always clarify who pays before instructing any agent, compare terms across agents where possible, and ensure any agreement is confirmed in writing.

It is also common in Spain for several agents to market the same property simultaneously — unlike the exclusive listing system more typical in France — so you may see the same property listed at slightly different prices across different portals.

7. Typical timeline

From accepted offer to completion in Spain, allow two to four months. This is broadly comparable to the French process, though timelines can vary. It covers the time needed for legal checks, NIE application (if not already obtained), mortgage approval (if applicable), and the preparation of all documents for the escritura. New-build purchases from off-plan can take considerably longer, depending on the construction stage.

Good to know: If you need a Spanish mortgage, factor in additional time. Spanish banks typically lend up to 70% of the property value to non-residents. For a full overview of mortgage options, read our guide to mortgages in Spain for non-residents.

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