Real Estate Lawyer in the
Canary Islands

Second-hand property: ITPAJD (transfer tax) at 6.5% of the purchase price. New build from a developer: 7% IGIC (instead of mainland 10% IVA) plus 1.5% stamp duty (AJD). You also pay notary fees (approx. €600–1,200) and land registry fees (approx. €300–700). Non-residents pay 3% retention at source which is later regularised with the Spanish tax authorities. We provide a full cost breakdown before you commit.

Yes. There are no restrictions on foreign nationals purchasing property in Spain or the Canary Islands. You will need a NIE (Número de Identificación de Extranjero — your Spanish tax identification number) and a Spanish bank account. We obtain the NIE for you via power of attorney, so you don't need to travel to Spain just for that step.

Due diligence is the legal investigation we carry out before you sign a purchase contract. We check: title ownership and any encumbrances (mortgages, embargoes, easements), outstanding community fees, ITE (building inspection) compliance, planning and building licences, tourist activity licences (critical in the Canary Islands), and cadastral value alignment. Skipping due diligence is the most common and costly mistake foreign buyers make in Spain.

Spain's eviction process (desahucio) starts with a formal demand letter, then a court claim for non-payment. Under current law, the court sets an eviction date — typically 3–6 months from filing the claim in the Canary Islands. We file the claim, represent you in court and recover outstanding rent. If the tenant is a vulnerable household the process may take longer due to suspension mechanisms under the Housing Law 2023.

Yes. The Spanish Supreme Court and CJEU have confirmed that floor clauses (cláusula suelo), excessive opening commissions, IRPH mortgages and undisclosed arrangement fees are potentially unlawful. You can claim back overpaid interest — often €3,000–20,000+ depending on your mortgage. We work on a success-fee basis for mortgage claims: no recovery, no fee.

A typical purchase in the Canary Islands takes 6–10 weeks from offer acceptance to notarial completion: 1–2 weeks for due diligence, 2–4 weeks to draft and sign the private purchase contract (arras), and 2–4 weeks to finalise mortgage (if applicable) and notary appointment. Off-plan purchases have their own timelines set by the developer.

Legally, a lawyer is not mandatory in Spain — but it is strongly advisable, especially for foreign buyers. Notaries in Spain act as impartial public officials; they do not protect your interests specifically. Only your own lawyer will check for hidden debts, licensing problems and contractual traps before you commit. Legal fees are typically 0.5–1% of the purchase price — small compared to the risks of buying blind.

Spain's Golden Visa requires a minimum real estate investment of €500,000, free of mortgages or encumbrances (the unencumbered portion must equal €500k). It grants a 2-year initial residency permit, renewable for 5 years, for the investor and family. Note: the Spanish government announced plans to review the programme — consult us for the latest status before making a purchase decision based on the Golden Visa.