Many people like the idea of buying a property in Spain, either to move into or to use as a holiday home or investment, but are put off because they don't know how to buy property in Spain or because they have heard reports of illegal properties, the land grab law and properties being bulldozed.

Each country has its own way of doing things and its own laws and legislation. If you want to buy a property anywhere abroad, you need to find out as much as possible about the buying process and use professionals to help you.

In Spain, the property buying process involves a notary and abogados (lawyers).

A notary draws up property deeds, checks everyone understands the deeds, witnesses the signatures of the buyer and seller, and makes sure that all the relevant taxes are paid.

You should hire an abogado lawyer to check the legalities of the property and to do background checks, this is not the job of the notary. You should find a good abogado before you find a property. Ask some expats for recommendations or look on expat forums and discussion boards.

When you have found the perfect property for you, you need to get your abogado to run some checks. Do not simply trust the estate agent or seller, use an abogado.

Your property lawyer will need to check the following:

1. That the property does actually belong to the seller and that their name is on the deeds.
2. That there are no outstanding charges or mortgages on the property.
3. That the property is vacant and has no tenants.
4. That the boundaries and measurements of the property match with what is stated on the deeds.
5. That it is fully legal and has all of the relevant paperwork.
6. That any additions such as extensions and swimming pools are fully legal.

The estate agent may ask you to sign a “documento de reserva”, a reservation contract, to reserve the property. The next step is the signing of the “contrato privado de compraventa”, the purchase contract, and the paying of a non-refundable deposit. Before you sign this and hand over the deposit, you must make sure that your abogado has done thorough checks and that you are sure about going through with the purchase. Make sure that the deposit goes into an escrow account and that it will not be released to the seller until completion – you do not want the seller running off with the deposit!

The final contract or deed, the “escritura de compraventa” will be prepared and this is what is signed by you and the seller in front of the notary at the notary's office. The notary will read the deed and then you and the seller will sign it in front of witnesses. You will pay the balance of the purchase price by banker's draft or bank transfer and the property will be transferred into your name. The notary will transfer ownership by registering the deed at the Registro de la Propiedad.

Either at this appointment, or shortly after, you will have to pay the costs and fees – notary fees, property registry fee, transfer tax and Plus Valia tax. Usually, the seller pays the notary fees and Plus Valia tax, while the buyer pays the registry fee and transfer tax, but it is up to you and the seller to agree on this. General advice is to allow approximately 10% of the property price for fees and taxes, so budget accordingly.

So, that is how to buy property in Spain. The best tip we can give you is to use a professional lawyer to check everything.