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.
Barcelona is one of the most popular destinations for French buyers looking to purchase property in Spain. Photo: Freepik
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%.
Read more at thinkSPAIN.com