NIE, Notaries and Contracts: What First-Time Buyers in Valencia Need to Know

Buying property in Valencia for the first time — particularly as a non-Spanish resident — can feel complex. The terminology is different, procedures may not match what you know from home, and small misunderstandings can have financial consequences.

The process itself, however, is straightforward once the key elements are understood. Below is a clear overview of the main legal steps involved.

The NIE — your essential first step 

The NIE (Número de Identificación de Extranjero) is a tax identification number for foreign nationals. You cannot buy property, sign before a notary, open a Spanish bank account, or pay property-related taxes without it.

You can apply for an NIE:

• At a Spanish consulate in your home country

• At a designated police station in Spain

• Through a Spanish lawyer using a power of attorney

Processing times vary by location and demand, often ranging from days to several weeks. Applying early is strongly recommended.

✔ Check: local processing times / consulate requirements

Why you need a property professional 

Hiring one is not legally mandatory in Spain, but for foreign buyers it is strongly advised.

A property professional typically:

• Conducts legal due diligence on the property

• Checks for debts, charges, embargoes, or ownership issues

• Reviews contracts and payment terms

• Advises you on taxes, timelines, and obligations

• Ensures the transaction is legally sound before completion
  
  
  

The contrato de arras — the reservation contract

Once buyer and seller agree on a price, a contrato de arras (private deposit contract) is signed.

Key points:

• Usually involves a deposit of around 10% of the purchase price

• Legally binding on both parties

• If the buyer withdraws, the deposit is typically forfeited

• If the seller withdraws, they usually must return double the deposit

There are different types of arras contracts, so legal review before signing is essential.

✔ Check: contract type used (arras penitenciales vs others)

Due diligence between arras and completion 

After signing the arras contract and before completion, your property professional carries out full legal checks, including:

• Verifying ownership and title

• Confirming the property is free of debts or charges

• Checking planning and building compliance

• Reviewing community of owners documentation

• Confirming outstanding taxes or utility issues

Any problems must be resolved before proceeding to completion.

The notary and the escritura pública

The purchase is completed before a notary, a public official who:

• Verifies identities and legal capacity

• Confirms the legality of the transaction

• Oversees the signing of the escritura pública (title deed)

The notary is neutral and represents the state — not the buyer or seller. They do not replace your lawyer.

At completion:

• The remaining purchase price is paid

• Taxes and fees are settled

• You receive a certified copy of the deed

✔ Check: payment methods accepted by notaries (bank cheque / transfer)

Land registration 

After completion, the property must be registered in your name at the Registro de la Propiedad.

This step:

• Is usually handled by gestor of the notary or bank in case of mortgage

• Finalises and fully protects your ownership rights

• Can take several weeks to complete

Ownership is legally effective from signing, but registration is essential for full legal protection.

Power of attorney — a practical solution for international buyers 

If you cannot be present in Spain for every stage of the purchase, a power of attorney allows a trusted representative (usually your lawyer) to act on your behalf.

This is:

• Very common for international buyers

• Fully legal and routine

• Often used for NIE applications, signing contracts, and completion

At Home in Valencia works closely with trusted legal professionals and supports buyers throughout the purchase process — from first viewing to registration. Get in touch to learn how we can assist you every step of the way.