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Property lawyer in Alicante — legal protection for international buyers on the Costa Blanca

Property lawyer in Alicante and the Costa Blanca for international buyers. Conveyancing, due diligence, purchase contracts, ITP, NIE, rental agreements and buyer protection across the province.

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The problem

The Costa Blanca property market receives thousands of international buyers every year — British, German, Dutch, Belgian, Scandinavian — who are unfamiliar with the Spanish conveyancing process and its specific risks. Unlike the systems used in the UK, Germany or the Netherlands, the Spanish system relies on the buyer's own solicitor to investigate the legal history of the property: the notary does not conduct due diligence and the estate agent represents the seller. Without a property lawyer, buyers can acquire properties along with undisclosed mortgages, outstanding community fees, IBI arrears, missing licences of first occupation, or planning irregularities. On the Costa Blanca specifically, some older properties and urbanisations have complex planning histories that require careful investigation before any purchase commitment is made.

Our solution

BMC provides comprehensive property legal services across the entire province of Alicante and the Costa Blanca. We conduct full legal due diligence, negotiate and draft purchase contracts, manage ITP or VAT payment to the Conselleria de Hisenda de la Generalitat Valenciana, obtain NIEs for non-Spanish buyers, and accompany you to the notary or represent you by power of attorney if you are unable to travel to Spain. We handle all communication in English, German or Dutch, and our team has extensive experience working with buyers from all of the major international markets active on the Costa Blanca.

Process

How we do it

1

Legal due diligence

We obtain and analyse the nota simple from the relevant Land Registry (Alicante, Dénia, Benidorm, Torrevieja, or Orihuela, according to the property location), checking charges, mortgages, encumbrances and easements. We verify unpaid IBI and community fees, check the licence of first occupation, review the cadastral status, and investigate the planning history with the relevant Ayuntamiento if required.

2

Purchase contract negotiation

We draft or review the arras contract (reservation deposit agreement) or private purchase contract, negotiate terms with the seller's representative, and include all necessary protective clauses: conditions precedent, penalty provisions, retentions for outstanding charges, and guarantees regarding the licence of first occupation. We explain each clause to you clearly before you sign.

3

NIE, ITP and pre-completion management

We obtain your NIE (the Spanish tax identification number required for property purchase), advise on opening a Spanish bank account for the transaction, calculate and manage payment of the Impuesto de Transmisiones Patrimoniales (ITP, 10% in the Valencian Community for resale properties) or VAT plus AJD for new build, filed with the Conselleria de Hisenda de la Generalitat Valenciana.

4

Notarial completion and Land Registry

We coordinate the notarial appointment in Alicante or the relevant municipality. If you cannot travel to Spain, we represent you under a notarised and apostilled power of attorney. After completion, we register the deed at the Land Registry and the Catastro, and provide certified copies of all documentation.

10%
ITP rate in the Valencian Community for resale properties
200+
Property transactions completed on the Costa Blanca
100%
Legal due diligence completed before any contract

We purchased an apartment in Torrevieja without being able to travel to Spain. BMC handled everything: the NIE applications, the full due diligence on the property, the contract negotiation, and the notarial completion under power of attorney. We received a clear report at each stage and the final completion happened with no surprises whatsoever.

Peter and Christine Walsh Property buyers, Surrey, UK — Torrevieja, Alicante

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Property lawyer in Alicante: protecting the international buyer in the Costa Blanca market

The Costa Blanca property market is one of Spain’s most active for international buyers, with tens of thousands of transactions each year involving purchasers from the UK, Germany, the Netherlands, Belgium and Scandinavia. For the majority of these buyers, the Spanish property purchase process is unfamiliar territory: the legal structure, the role of the notary, the tax obligations, and the due diligence requirements are all different from what they have experienced in their home countries.

BMC’s property legal practice in Alicante is built around the specific needs of the international buyer. Our team works in English, German and Dutch, understands the expectations of buyers from each of the major international markets, and has the local knowledge of the Alicante property market — its urbanisations, planning histories, notaries, and Land Registries — to deliver efficient and thorough service on every instruction.

The rental income angle: buying as an investment on the Costa Blanca

Many international buyers in Alicante and the Costa Blanca purchase their property with a view to generating rental income when they are not using it themselves. This intention has specific legal implications that should be addressed at the point of purchase, not as an afterthought: the property must not be in a community that prohibits tourist rental, it must be capable of obtaining the Valencian Community tourist registration number, and the buyer should understand the tax implications of rental income as a non-resident (IRNR, typically 19% for EU residents) or as a resident (IRPF). BMC advises on the rental income legal and tax framework as part of the overall purchase process.

Community of owners: rights and obligations for Costa Blanca property purchasers

Every apartment and many houses in Spain’s urbanisations form part of a community of owners (comunidad de propietarios) governed by the Ley de Propiedad Horizontal. Understanding your obligations as an owner in the community — and inheriting any debts that the previous owner left outstanding — is an important part of the due diligence process. BMC verifies the community fee status and any outstanding community debt as part of every purchase due diligence, and advises ongoing property owners on their rights and obligations within the community framework.

FAQ

Frequently asked questions

Property legal due diligence on the Costa Blanca involves a systematic investigation of the legal status of the property before any purchase commitment is made. The key elements are: Land Registry search (nota simple) to identify all registered charges, mortgages and encumbrances; verification of unpaid IBI municipal tax and community fees; confirmation that the licence of first occupation exists and applies to the whole property; review of any open planning or urban discipline proceedings with the Ayuntamiento; and cadastral verification to confirm that the physical property matches its legal description. On the Costa Blanca, planning history checks are particularly important for older properties in municipalities like Torrevieja, Orihuela Costa, and the Alicante city outskirts.
The Impuesto de Transmisiones Patrimoniales (ITP) is the stamp duty payable on resale (second-hand) property purchases in the Valencian Community. The general rate is 10% of the declared purchase price. A reduced rate of 8% applies to purchases of a main residence (first home for the buyer) with a price below €150,000. A further reduced rate of 6% applies to buyers under 35 years of age purchasing their first main residence with a price below €180,000. For new build properties, VAT at 10% plus AJD stamp duty at 1.5% of the price applies instead. BMC advises on the specific rate applicable to your purchase.
Yes. It is possible to purchase a property in Alicante or anywhere on the Costa Blanca without travelling to Spain by using a notarised power of attorney. The power of attorney is executed before a notary in your home country, apostilled under the Hague Convention (if your country is a signatory), and then used by BMC to represent you at every stage of the Spanish process: AEAT registration, NIE application, contract signing, notarial completion, and Land Registry registration. Only the initial notarisation in your home country requires your physical presence.
Holiday rental activity in the Valencian Community is regulated by Decreto 75/2015 and subsequent modifications. Properties used for tourist rental must be registered in the Registro de Turisme de la Generalitat Valenciana and obtain a registration number before advertising on platforms like Airbnb or Booking. Without this registration, the rental activity is illegal and the owner is exposed to fines of up to €400,000. Additionally, some residential communities on the Costa Blanca prohibit tourist rentals in their community statutes — BMC verifies the position of each specific property before the owner begins any rental activity.
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