When purchasing a house in Spain, there are three steps:

A booking agreement is signed to start the process. Typically, this process entails making a deposit of about 1% of the purchase price.

The down payment contract – or agreement – must then be signed, and 10% of the purchase price must be paid.
Later, the purchase deed must be signed in front of a notary public.

Finally, the remaining purchase price will be paid, making you the official owner.

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The process normally begins once the buyer and seller have agreed on the purchase price and principal terms.
A reservation agreement may then be signed and a reservation payment made to remove the penthouse from the market for an agreed period. The agreement should explain whether this payment is refundable and should ideally make the purchase subject to satisfactory legal, technical and financial checks.
Once the buyer’s lawyer has completed the initial due diligence, the parties may sign a private purchase contract. At this stage, the buyer commonly pays a deposit of approximately 10% of the purchase price.
The purchase is completed by signing the public title deed before a Spanish notary. The outstanding balance is paid, possession is transferred to the buyer and the deed is subsequently submitted to the Land Registry.

Before paying a reservation deposit, you should appoint an independent Spanish lawyer to represent your interests.
Your lawyer should review the reservation agreement and ensure it clearly identifies:

• The penthouse and any associated parking spaces or storage rooms
• The agreed purchase price
• The amount of the reservation payment
• The period for which the penthouse will be removed from the market
• Any furniture, fittings or outdoor installations included in the sale
• The reservation should be subject to satisfactory due diligence.

After completion, your lawyer will normally arrange payment of the relevant purchase taxes and submit the title deed to the Land Registry.
The buyer should also arrange:

• Transfer of electricity and water accounts
• Payment of community fees by direct debit
• Internet and telecommunications

A seller may be responsible for capital-gains tax, municipal plusvalía and the costs agreed with the selling agent and legal representative.
If the seller is not tax-resident in Spain, the buyer is generally required to withhold 3% of the agreed purchase price. This amount is paid to the Spanish Tax Agency as a payment on account of the seller’s potential capital-gains tax liability.
Before marketing the penthouse, the seller should prepare:

• The title deed
• An up-to-date Land Registry extract
• IBI property-tax receipts
• Community-fee certificates
• The energy performance certificate
• Occupancy and planning documentation
• Current utility information
• An inventory of included furniture and fittings

Your lawyer should verify the ownership and legal status of the penthouse before you enter into a non-refundable commitment.
The checks will normally include:

• An up-to-date Land Registry extract
• The seller’s title deed
• The cadastral record and cadastral reference
• Planning and building documentation
• The appropriate first-occupation or occupancy documentation
• Confirmation that IBI property tax has been paid
• Confirmation that community fees are up to date
• Details of mortgages, debts, charges or restrictions
• Confirmation that extensions and alterations have been properly authorised

If defects or legal problems are discovered before completion, the buyer’s options will depend on the wording of the reservation agreement or private purchase contract.
Possible outcomes may include:

• Requiring the seller to remedy the problem
• Renegotiating the purchase price
• Retaining funds until work is completed
• Withdrawing from the transaction where the contract permits it

A resale penthouse in Andalucía is generally subject to Property Transfer Tax, known as ITP. The general rate is currently 7%, although reduced rates may apply in limited circumstances.
The buyer should also budget for:

• Independent legal fees
• Notary fees
• Land Registry fees

As a general budgeting guide, a resale buyer should normally allow approximately 9% to 11% above the purchase price.

The first purchase of a newly constructed residential penthouse from a developer is generally subject to:

• VAT, known as IVA, at 10%
• Stamp Duty, known as AJD, currently at the general Andalucía rate of 1.2%
• Legal fees
• Notary fees
• Land Registry fees

A buyer will commonly need to budget approximately 12% to 14% above the purchase price, depending on the transaction and professional fees.

Yes. Spanish banks offer mortgages to qualifying non-resident buyers, but the amount and terms depend on the applicant’s circumstances.
A non-resident buyer may commonly be offered approximately 60% to 70% of the lower of the purchase price or bank valuation.
The bank will normally assess:

• Income and employment
• Existing debts and financial commitments
• Credit history
• Age and proposed mortgage term
• Country of tax residence

Annual ownership costs can include:

• Owners’ community fees
• IBI municipal property tax
• Rubbish-collection charges
• Electricity, water and internet

Yes. Brexit did not remove the right of British citizens to purchase property in Spain.
However, purchasing a penthouse does not automatically provide Spanish residency or an unlimited right to remain in Spain. British owners who do not hold qualifying Spanish residence status are generally subject to the Schengen limit of 90 days within any rolling 180-day period.

No. Property ownership and immigration status are separate matters.
Immigration requirements depend on nationality, personal circumstances, employment, income and intended length of stay.