The apartment is perfect. You've agreed a price. Everyone is smiling and the estate agent is talking about next steps, and you're nodding along while quietly panicking because you have no idea what a gestoría is or why you apparently need a NIE before you can do anything at all.
Buying property in Spain as a foreigner is entirely possible — thousands of people do it every year — but it follows a sequence that is genuinely different from the UK, the US, or most of northern Europe. The vocabulary below is organised in the order the steps actually happen.
Before You Can Buy Anything
NIE — Número de Identificación de Extranjero. Your foreigner identification number. Without one, you cannot sign a purchase contract, open a Spanish bank account, or pay the taxes associated with buying property. Apply for it at a Spanish consulate before you arrive, or at a Comisaría de Policía with a foreigners' department once you're in Spain. Allow time — this is not a same-day process.
Nota simple — a basic extract from the Registro de la Propiedad (land registry) showing who owns the property and whether it has any debts, mortgages, or legal encumbrances (cargas) attached to it. Get one for any property you're seriously considering. They cost a few euros and can save you from inheriting someone else's financial problems.
Certificado de eficiencia energética — the energy performance certificate, mandatory for all properties being sold. Pay attention to the rating. Buildings with poor ratings are becoming increasingly difficult to finance and may face restrictions in the future.
Making an Offer and Committing
Oferta — offer to purchase. Usually made verbally or via a simple letter. Not legally binding, but signals intent.
Contrato de arras — the preliminary purchase contract, signed when both parties are committed and a deposit is paid. This is the moment the transaction becomes legally serious.
Arras penitenciales — the most common type of arras contract in Spain. Under this arrangement: if you (the buyer) back out, you lose your deposit. If the seller backs out, they must return double the deposit. This creates strong mutual commitment — which is the point.
Arras — the deposit paid at signing of the contrato de arras. Typically 10% of the purchase price. This is not paid to the estate agent; it is paid directly to the seller (or held in a neutral account).
Gestoría — an administrative services firm that manages the paperwork side of a property purchase: registering the escritura, paying the taxes, updating the land registry. Using one is not legally required, but it is almost universal. They typically charge a fixed fee and save a significant amount of time and stress.
At the Notaría
Notario / Notaria — the notary. In Spain, property purchases are not complete until they are signed before a notario and recorded as an escritura pública. The notary is a public official — not a solicitor — whose role is to verify identities, confirm the transaction is legal, and authenticate the document. They do not advise either party. Get your own legal advisor if you need one.
Escritura pública de compraventa — the public deed of sale. The definitive legal document that transfers ownership. Signed at the notaría in the presence of both buyer and seller (or their representatives), the notario, and the bank if a mortgage is involved.
Poder notarial — power of attorney. If you cannot attend the signing in person, you can authorise a representative to sign on your behalf via a poder notarial. This must itself be notarised, and if it was signed abroad, it will need an apostille.
Registro de la Propiedad — the land registry. After signing, the gestoría registers the escritura here. Until registration is complete, the transfer of ownership is not fully protected against third-party claims.
Registro de la Propiedad sends the buyer a nota simple (see above) as confirmation once the property is registered in your name.
The Taxes
This is where buyers are frequently surprised, because Spanish property taxes are significant and are not always clearly explained upfront.
ITP — Impuesto sobre Transmisiones Patrimoniales. Transfer tax on resale properties (not new builds). Paid by the buyer. The rate varies by comunidad autónoma — typically between 6% and 10% of the purchase price. In some regions it can be higher.
IVA — VAT. Paid instead of ITP on new-build properties. Currently 10% for residential property (4% for officially designated social housing).
AJD — Impuesto de Actos Jurídicos Documentados. Stamp duty on the mortgage deed and notarial documents. Rate varies by region, typically 0.5–1.5%. On mortgages signed after 2018, this is paid by the bank, not the buyer.
IBI — Impuesto sobre Bienes Inmuebles. The annual council tax equivalent, paid to the local municipality. Paid by whoever owns the property on January 1st of each year. Confirm before signing whether any IBI is outstanding, as it attaches to the property.
Plusvalía municipal — a local tax on the increase in land value since the property was last sold. Since 2021, this is paid by the seller. But verify this is the case in your transaction.
Ongoing Costs to Know
Comunidad de propietarios — the homeowners' association for your building or development.
Gastos de comunidad — the monthly fees paid to the comunidad, covering building maintenance, common area cleaning, security, and the reserve fund (fondo de reserva). Ask for the last three years' accounts before you buy.
Derrama — a special levy charged when the comunidad has a large unexpected expense (a new roof, lift replacement, etc.) that the reserve fund doesn't cover. Outstanding derramas transfer with the property — confirm there are none before signing.
A Note on the Process
The Spanish property purchase sequence — nota simple, contrato de arras, notaría, registro — is fixed and cannot be shortcut. Arriving with the vocabulary already in place is the difference between following the process and being led through it by whoever happens to be in the room.
Hire a lawyer, especially for your first purchase. Get a gestoría. And learn these words — not because they'll replace professional advice, but because understanding the language of a transaction is what allows you to ask the right questions before you sign.
Buying property abroad means navigating a new system in a new language. Vokabulo helps you build the exact vocabulary for your specific situation — from the notaría to the comunidad. Available on iPhone and iPad.



