Buying Property in Spain vs. the United Kingdom Key.
Differences Every Foreign Buyer Should Know
Buying a property in Spain is a safe and quick process, but it works very differently from the system used in the United Kingdom.
The expectations that a British buyer brings — with a system based on solicitors, searches, local authority checks and land registry guarantees — do not match how the Spanish system operates.
This is why many foreigners appreciate the advantages of buying a home in Spain, although independent checks are still required to ensure the buyer is fully protected.
Below are the main differences.
1. Role of the Notary vs. the Solicitor
🇪🇸 Spain
The notary is a public official, not a personal advisor.
Their role is to verify formalities:
- identity
- ownership
- charges registered on the property
- legal capacity to sign
They do not investigate:
- urban planning or licences
- community debts
- construction irregularities
- disputes with neighbours or the town hall
- They also do not represent the buyer or protect them from financial risks.
🇬🇧 United Kingdom
Solicitors are the buyer’s lawyers.
Their duty is to represent, advise and protect you.
They carry out full searches:
- planning
- hidden charges
- boundary disputes
- flood risks
- construction history
- roads, drainage, encumbrances
- The purchase does not progress until the solicitor confirms that everything is legally sound.
2. Legal Checks ("Due Diligence")
🇪🇸 Spain
There is no automatic standard package of checks. All due diligence must be performed by an independent lawyer, advisor or gestor hired by the buyer.
These checks include:
- Nota Simple and Land Registry
- Urban planning and legality
- Community certificate
- Debts with utilities or public administrations
- Cadastral information
- Possible illegal works
- Plot boundaries
- Licences and permitted use
🇬🇧 United Kingdom
There is no notary. Legal protection depends on lawyers and estate agents. The process can be long and uncertain, and the contract is not binding until the very end.
Local authority searches include:
- planning
- historic planning legality
- contaminated land risks
- roads and access responsibilities
- conservation restrictions
- local taxation
- Land Registry title protected by the State
- The buyer receives a complete report before signing.
2. Legal Checks ("Due Diligence")
🇪🇸 Spain
There is no automatic standard package of checks. All due diligence must be performed by an independent lawyer, advisor or gestor hired by the buyer.
These checks include:
- Nota Simple and Land Registry
- Urban planning and legality
- Community certificate
- Debts with utilities or public administrations
- Cadastral information
- Possible illegal works
- Plot boundaries
- Licences and permitted use
🇬🇧 United Kingdom
There is no notary. Legal protection depends on lawyers and estate agents. The process can be long and uncertain, and the contract is not binding until the very end.
Local authority searches include:
- planning
- historic planning legality
- contaminated land risks
- roads and access responsibilities
- conservation restrictions
- local taxation
- Land Registry title protected by the State
- The buyer receives a complete report before signing.
3. When You Become the Legal Owner Spain
🇪🇸 Spain
You only become the legal owner when the public deed (escritura) is signed before a notary and later registered in the Land Registry.
Between signing and registration, days or weeks may pass.
During this period there is a theoretical risk of:
- double sale
- new charges
- embargoes or debts being registered
🇬🇧 United Kingdom
With the exchange of contracts, both parties become legally bound.
At completion, the buyer has full legal protection.
The Land Registry updates the title quickly and fully guarantees ownership.
4. How Payment Works
🇪🇸 Spain
You only become the legal owner when the public deed (escritura) is signed before a notary and later registered in the Land Registry.
Between signing and registration, days or weeks may pass.
During this period there is a theoretical risk of:
- double sale
- new charges
- embargoes or debts being registered
🇬🇧 United Kingdom
With the exchange of contracts, both parties become legally bound.
At completion, the buyer has full legal protection.
The Land Registry updates the title quickly and fully guarantees ownership.
4. How Payment Works
🇪🇸 Spain
Payment is made directly to the seller (bank cheque or transfer).
There is no notarial escrow account.
The buyer must take precautions not to pay until all checks are complete.
🇬🇧 United Kingdom
The solicitor holds the funds in a client account.
Payment is released only when all legal checks are approved.
This fiduciary system offers high security.
5. Language and Understanding Risks
🇪🇸 Spain
The deed is signed in Spanish. If the buyer does not speak the language, they must attend with a lawyer or interpreter. Many foreign buyers — especially when their lawyer does not provide all necessary information — sign without fully understanding the commitments, increasing the risks.🇬🇧 United Kingdom
Everything is written in clear, technical English. The solicitor explains the contract line by line. The buyer signs knowing exactly what they are purchasing🧑⚖️ Which Professional Should a Foreign Buyer Use in Spain?
A buyer should hire an independent lawyer specialised in real estate law, or an advisor/gestor with experience in conveyancing and knowledge of property law. This professional will:- Review licences and urban planning status
- Check debts or charges on the property
- Verify community debts and the legal situation within a residential complex
- Confirm the property is fully legal
- Review IBI, Catastro and all utility matters (existing and potential)
- Manage taxes and registration
- Protect the buyer in a similar way to a solicitor
Quick Comparison Table: Spain vs United Kingdom
| Aspect | 🇪🇸 Spain | 🇬🇧 United Kingdom |
|---|---|---|
| Does the notary protect the buyer? | ✔️ Yes | ❌ No |
| Purchase costs | ✔️ Low | ❌ High |
| Are licences and planning checked automatically? | ✔️ Yes | ✔️ Yes |
| Guarantee of no hidden charges | ✔️ Always | ✔️ Yes |
| Secure payment via fiduciary account | ❌ No | ✔️ Yes |
| Legal protection from the moment of signing | ❌ Not until registration | ✔️ Yes (completion) |
| Theoretical risk of double sale | ✔️ Yes | ❌ No |
| Documentation in buyer’s language | ❌ Only with translator | ✔️ Yes |
| Independent lawyer, Asesor or Gestor recommended | ✔️ Essential | ✔️ Essential |
| Legal security of the system | High | Medium |
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