Buying property in Barcelona

Full legal due diligence, review and negotiation of the arras contract, cadastral and planning checks, notarial coordination, and assistance at signing.

Selling property in Barcelona

Review of the sale documents, seller tax obligations in Spain, coordination with the estate agent and notary, and handling of reporting obligations depending on your tax residence.

Legal due diligence and document review

Checks at the Registro de la Propiedad, analysis of charges, easements, debts, and planning status, before any financial commitment.

Real Estate Disputes

Support in disputes relating to defects, misrepresentation, failed transactions, contractual issues and post-sale conflicts.

Buying and selling property in Barcelona

Buying or selling property in Spain involves a legal framework that has many specificities. Understanding these specific features before signing is essential.

What you need to know

• The NIE is mandatory before any real estate transaction in Spain.

• For the arras contract, the type chosen, confirmatorias or penitenciales, determines the consequences if one party withdraws.

• The Spanish notary does not carry out an in-depth review of title. Prior legal due diligence is the responsibility of the buyer.

• Purchase tax varies depending on whether the property is new, VAT, or resale, ITP.

• In the event of a resale, capital gains tax is payable in Spain. Reporting obligations may also exist in your country of tax residence.

What PSL Avocat does

• Legal verification of the property: Registro de la Propiedad, charges, easements, planning and cadastral status.

• Review and negotiation of the arras contract in line with your interests.

• Coordination with the Spanish notary.

• Assistance in person or by power of attorney at signing.

• Post-acquisition advice: reporting obligations, rental management, inheritance issues.

• Disputes: contract analysis, amicable negotiation, coordination with the Spanish courts.

One point of contact, two legal systems

My international experience, built with ESA, the OECD, the ITER Organization, CMA CGM and ADP, has taught me to approach each matter methodically, identifying real risks before they arise.

Admitted to the Paris Bar and registered with the ICAB · Barcelona and Paris · English, French, Spanish, covering both legal systems and cross-border issues whenever they arise.

An international practice, rooted in Barcelona and Paris

FAQ

Frequently asked questions

Do you need a lawyer to buy an apartment in Barcelona?

It is not a legal requirement in Spain, but it is a practical necessity, especially for a foreign buyer. The Spanish notary does not carry out an in-depth review of title, including charges, debts, planning irregularities, or construction compliance. These checks are the responsibility of the buyer, or of the lawyer acting on the buyer’s behalf.

What is the specificity of a Spanish notary?

In Spain, the notary’s role is limited to authenticating signatures and formalising the deed of sale. The notary does not verify the property’s debts, cadastral position, or planning compliance. These checks fall to the buyer’s lawyer.

What is the arras contract and how does it work?

The arras contract is the preliminary agreement used in real estate sales in Spain. How it operates depends on the type chosen. Arras penitenciales allow the buyer to withdraw by forfeiting the deposit, or the seller to withdraw by repaying double the deposit. Arras confirmatorias do not provide this right of withdrawal and may expose the parties to forced performance. This choice must be made with full understanding before signature.

I am selling my property in Barcelona from abroad. Are there any obligations in my home country?

Capital gains made in Spain by a non-resident are taxable in Spain. Depending on your tax residence and the applicable tax treaty, reporting obligations may also exist in your home country.

What are your fees?

Services are offered on a fixed-fee basis or billed by time spent, depending on the nature and complexity of the matter. Contact PSL Avocat for a quote tailored to your situation, response in 24 hours.

Initial consultation, 30 minutes. Reply within 24 business hours

Do you have a real estate project in Barcelona or in France? Contact me via the form or directly on +34 672 939 146.