Buying a property abroad always raises doubts, and doing so in Catalonia, one of the most attractive regions in Europe, is no exception. The Spanish legal process, and in particular the Catalan one, has its own rules that may differ significantly from those you are familiar with.

For international buyers, understanding the three fundamental pillars of the transaction — the NIE, the Contracte d’Arres and the Notary— is essential to ensure a transparent, safe and smooth purchase.

1. The NIE: Your gateway to property

The NIE (Foreigner Identity Number) is much more than just a number. It is the essential tax identification document for any foreigner who wants to carry out economic transactions in Spain, including, of course, the purchase of a home.

Why is it crucial? Without the NIE, you cannot legally sign the public deed of sale, open a bank account or pay the taxes derived from the operation. It is the first and most urgent step you must take.

Obtaining it can take weeks, especially if requested from your country of origin or during periods of high demand. Planning is vital. At Actum Advocats in Girona, we are aware of the urgency and manage the NIE application efficiently, either through legal representation or by guiding you through the process in person.

2. The Arres: the contract that binds and protects

Once you have found the perfect house, you need to formalize the agreement. In Catalonia, this is usually done through the Arres Contract. This private contract is a binding pre-agreement where the buyer delivers an amount of money (usually 10% of the sales price) as a guarantee of his intention to purchase.

The importance of Deposits:

• Fixation of Conditions: It establishes the final purchase price, the deadline for signing the deed and the special conditions.

• Legal Consequences: Typical deposits are penitential (Article 1454 of the Civil Code). If the buyer backs out, he loses the deposits paid. If the seller fails to comply, he must return them in duplicate.

The drafting of this contract cannot be taken lightly. Poorly formulated clauses can lead to misinterpretations and financial losses. An expert real estate lawyer will ensure that the deposit contract protects your interests, sets out clear termination conditions and establishes a realistic deadline.

3. The Notary: guarantee of legality and public faith

The Notary is the public notary who gives legal validity to the transaction. His role is much more active than that of a simple witness; is a public interest figure responsible for ensuring the legality of the act of sale.

Essential functions of the notary:

• Verification: Checks the identity of the parties, the legal capacity of the seller to sell and that the property is free of encumbrances (mortgages, seizures, tax debts).

• Reading and Advice: Reads the public deed aloud and ensures that both parties understand the clauses and obligations they acquire.

• Protocolization: The deed you sign in front of him becomes a public document, which offers maximum legal security.

Despite the important task of the Notary, his function does not replace that of an independent legal advisor. The Notary acts ex officio and impartially. It is your lawyer who represents you exclusively, carries out the prior due diligence (registration, urban planning and debt review) and advises you on tax or residence issues that go beyond simple formalization.

Without the NIE, you cannot legally sign the public deed of sale, open a bank account or pay the taxes derived from the operation. It is the first and most urgent step you must take.

Buy with security and confidence in Girona

Taking on a real estate purchase in Catalonia without a thorough knowledge of the NIE, the Arres and the role of the Notary is an unnecessary risk. The difference between a successful purchase and a legal problem lies in good planning and professional advice.

At Actum Advocats, our real estate law firm in Girona, we specialize in supporting international buyers. From obtaining your NIE to the final signing of the deed, through the negotiation and drafting of a solid deposit contract, we offer you comprehensive and expert legal defense.

Protect your investment from the start. Contact Actum Advocats today and make sure that your dream of owning a property in Catalonia is realized under the best legal umbrella.