In order to register the purchase of a property with the Spanish Land Registry, the purchase agreement must be executed before a Spanish notary. This can either be done by having an existing private purchase agreement notarised in the presence of both parties, or by having the purchase agreement drafted directly as a notarial deed of sale (escritura pública de compraventa).
Property purchases in Spain may generally be financed either through Spanish banks or through foreign banks. However, following the entry into force of the new Spanish Mortgage Act, obtaining financing from foreign lenders has become significantly more difficult in practice. In order to enhance consumer protection and prevent unfair lending practices, the new legislation requires, among other things, the electronic transmission of the mortgage documentation between the lending institution and the notary. Consequently, the lender must be connected to the digital platform established for this purpose.
These preliminary agreements, often only one or two pages long, are frequently presented as a "reservation agreement", although they are in fact a legally binding preliminary contract. By signing such an agreement, you already undertake to purchase the property at a specified date under the conditions set out in the contract. A "reservation agreement" drafted and presented by a real estate agent can therefore quickly become a legal pitfall, particularly with regard to the deposit.
Renting out holiday apartments and rural holiday homes in Andalusia requires compliance with a number of legal requirements and registration in the relevant tourism register of the corresponding Autonomous Community. In Andalusia, a distinction must be made between urban tourist accommodation and rural holiday homes. In the latter case, registration in the Andalusian Tourism Register is mandatory.
German citizens, as well as all other European citizens, can generally purchase property in Spain without restrictions. Real estate can be acquired either through a private purchase agreement or by means of a notarial deed. To avoid unpleasant surprises during the purchasing process, it is advisable to consider the following points carefully.
Due diligence, a risk assessment conducted with “due care,” analyses the legal status of the property as well as any potential risks. This preliminary analysis plays an important role both in determining the value of the property and in providing legal protection for the buyer.
(+34) 
