Spanish Real Estate Law

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Legal advice on Real Estate Law in Spain

Investing in Spanish real estate offers interesting opportunities: appreciation in value, rental income, and diversification of your assets.

An investment in real estate in Spain should always be carefully considered from a legal and tax perspective—especially when investing through a company, collaborating with partners, or developing a project.

OTIS Legal Group assists (international) investors throughout the entire process: from initial legal and tax analysis and structuring to comprehensive guidance during the purchase and tax compliance.

Legal assistance for real estate investments in Spain

We advise investors on, among other things:

• purchasing apartments, homes, and commercial real estate
• purchasing real estate portfolios
• investing in new construction and development projects
• investing through SL/holding structures
• rentals (long-term/tourist rentals) and asset management

Our approach is always practical: we focus on risk mitigation, returns, and clear agreements.

Due diligence: certainty before you sign

The success of your investment starts with the right checks. We carry out thorough due diligence, including:

• ownership and encumbrance inquiries (Registro de la Propiedad)
• checks on mortgages, attachments, debts, and restrictions
• Legal compliance of the property (licenses, zoning plan, buildings)
• analysis of current leases and tenant rights
• investigating the homeowners’ association/comunidad, arrears, and ongoing proceedings
• investigating the possibility of tourist rentals

This way, you avoid surprises after the transfer.

Structuring & taxation: investing with the right vehicle

For investors, the structure is at least as important as the property. We advise on:

• purchase privately vs. through a company (SL/holding)
• tax impact in Spain and abroad
• financing and securities
• optimization of transfer tax/VAT and future sale
• asset planning and exit strategy

We work together with tax specialists and international partners to give you a complete overview of your position in both countries.

Contracts & negotiation

We draw up contracts and negotiate on, among other things:

• reservation (contrato de arras) and purchase contracts
• specific clauses for investors
• agreements with real estate agents, project developers, and contractors
• lease agreements and operating agreements

From purchase to management: a single point of contact

OTIS Legal Group offers more than just purchase assistance. We also support investors after the purchase with:

• registration, notary, and administrative processing
• permits and legalization (if necessary)
• rental structures and compliance
• disputes with tenants, neighbors, or authorities

Would you like to invest in Spanish real estate with certainty and a strong legal structure?

Contact us for an initial analysis—we are happy to help you determine the best route for your investment.

Are we a good match?

Do you need a lawyer in Spain and think we are a good match?

Call us on 0034 93 272 50 98, ask for a video call or email us your direct question using the link below.

My question to OTIS Spain

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