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Buying a Spanish Resale Property

You are advised to seek professional Legal support from properly qualified entities familiar with the total Property Buying process. There are often unexpected pitfalls for the unwary and proper guidance is essential.For a free initial consultation CLICK HERE



The process of purchasing a property in Spain is very similar to that prevalent in other countries. You should pay attention to the following POINTS TO CHECK:

1. Check the vendor does legally own the property: You need to be provided with a copy of the vendor’s deeds, or 'escritura'. Also, you have to consult the land registry to check the formal conditions of the ownership, limitations, charges, etc., and if there are any loans/mortgages affecting the property.

2. Check that the property is duly registered and that the Council Tax or 'Impuesto sobre Bienes Inmuebles (IBI)' has been paid up to date.  Unpaid Council Tax from the previous years may be passed to the new owner.

3. Obtain a certificacion catastral to ensure that the property is duly registered and check that the size and conditions are the same ones seen and described to you.

4. Visit and meet the construction department of the Town Hall to be informed about points such as has planning permission has been granted, and that there are no other developments planned nearby that could affect your new property.

5. Check that there are not any fines or limitations affecting the property due to its construction, or even orders of demolition.


The buying process in Spain is a bit different from other countries.  It is compulsory that you are informed, and that you understand all the steps of the purchase process, and that you receive the proper legal assistance before you sign, or pay, anything. Once the contract is signed it is legal and be aware that any deposit paid will be lost if you subsequently change your mind. We strongly recommend you contract a reputable Spanish Solicitor to help you and to assist you in all the steps of this process.

Once you have taken the decision to buy in Spain, it is absolutely necessary to take the following steps:

A) Open a bank account. All the payments to the vendor must be done from your bank account. Partial payments on account of the final price can be done from your bank account in your country of residence. But is recommended that the final paymentsof the price (the biggest) are done from a bank account in Spain, previously opened in your name. So, once you are in Spain, do not forget to open a bank account.

Also, a bank account will be necessary after completion to pay the utility bills, community charges, etc., related to your property.

B) NIE (Numero de Identificación de Extranjeros): Please Note! it is essential to obtain what we call NIE for the acquisition of a property in Spain.

All Spanish foreigners and  Non-residents are required to obtain an individual NIE number. This is necessary for the payment of the taxes and the proper legal identification of buyers and parties involved in the sale.


Once you have taken the decision to buy a specific property, the first action you will be asked for is to pay a initial deposit to keep the property out of the market. The aim of the deposit is to take it off the market and reserved exclusively for you while you are studying the legal situation of the property and other matters, like mortgages, financial status, etc.

During the validity of the deposit contract, if the Vendor does not fulfill his obligation and he breaches the contract with 'bad faith' (refusing to sale or changing his mind, or selling to another buyer), then he will refund you double of the amounts received as a penalty for breaching of contract. If the Buyer fails to complete the sale, he loses the amount of his deposit .

THE PURCHASE CONTRACT ('Contrato de Compraventa').

Once the deposit is paid, and you have made the searches on the property, in the majority of cases it is established to arrange a definitive contract in which an additional partial payment is required.

This contract is now a definitive one. The main difference with this one and the reservation or deposit contract is regarding the obligations of the parts. Mainly, the obligations of the vendors are higher because, with this contract, the vendor cannot pull out the sale or sell to a third party. The intention from the vendor to sell to the buyer is now confirmed, and he, simply, cannot leave the sale.

In the purchase/sale contract is included all the terms and conditions for the purchase, and the sale of the property, fixing the price, and considering the circumstances obtained after the searches over the property. For example, it can be agreed that the vendor has to fulfill determinate obligations, like to update the size of the property in the land registry or to pay specified bills which were unpaid so far; etc.

Also, in this contract, the expenses to be paid by each party are detailed and listed, for example who pays the notary and land registry fees, etc. Is highly recommended that this contract is made by Solicitors with experience in Conveyancing.

 COMPLETION OF THE SALE - TITLE DEEDS  ( Escritura de Compra venta).

The 'Contrato de Compraventa' is a private contract confirming a valid sale of the property to the buyer. This contract is perfectly valid between both parties with the rights and obligations contained. But, to complete the change of the names in the ownership of the property, is not enough. This is done passing the agreement from a 'private' contract into a 'public' one. The 'public contract' is called 'Escritura de publica de compraventa' or 'Public Title deeds'.

The 'public title deeds' in Spain are not done by private Solicitors, like other countries such as the UK. They are done by Public Notaries. So, in Spain, to turn a contract from 'private' into 'public',  it must be notarised (ellaborated by a notary), and inscribed in the Property Register, when it becomes an 'escritura publica'. And this is the most important moment of the sale, because this coincides with the last payment of the price to the vendor, and is the moment in which the vendor gives the possession and the ownership to the buyer.

The way to sign the escritura is at the notary's office. Both parties (vendors and buyers), in person, or by legal representatives (power of attorney), must be present at the notary office at the day of completion agreed in the previous private contract. If the buyer requires a mortgage to buy the property, the mortgage bank representative must also attend the meeting in order to complete the mortgage loan to the buyer. As mentioned, if buyer or vendor cannot attend this meeting, they can arrange a 'Poder' (power of attorney) to allow someone else to represent him (usually, Solicitors). 

As explained, in the notary's meeting, the buyer pays the rest of the price agreed to the vendor (usually by banker's draft), and the vendor gives the occupation of the property to the vendor, together with the ownership. In this act, then, the vendor, literally, gives the 'keys' of the property to the buyer. In that moment, both parties sign the title deeds, and the sale is complete.

After that, vendors and buyers are provided with a copy of the original deeds called 'Copia Simple' This document is a simple copy of the escritura. With this document the buyer can prove the ownership of the property, and is needed to make the necessary changes in the electric and water contracts. 

Originals of the title deeds will go to be presented at the land registry office to complete the change of the names in this registry. Your Solicitor, your bank, or the notary will send the original set to the Land Registry, together with the receipts of the taxes already paid.  This process usually takes a couple of months.


As explained above, the best way to make the final payments of the sale to the vendor is directly from a bank account in your name in Spain. For this, previously you had to open a bank account in one of the Spanish banks. Before completion, you need to transfer from your country of residence, the necessary amounts to your Spanish bank account in order to cover:

- The rest of the final price to the vendor

- The expenses and taxes of the transaction (notary and land registry fees, taxes, legal fees, etc).

So, in Spain is different as other countries like UK, where all the payments are done through the Lawyer's bank account. In Spain must be done directly to the vendor's bank account.

The most common practice to make the final payment of the price to the vendor is by a Bankers Draft issued in the name of the vendor. So, make sure that you, or your Solicitor, have enough provision of funds in the Spanish bank account to attend this payment at least one week before the date agreed in the Notary.

The other expenses, such as the Transfer Tax, Notary and Land Registry fees, etc., can be agreed separately, and paid to your Lawyer, or to your mortgage bank, if that is the case.

Please bear in mind that if the Vendor is non-resident, you have to retain a determinate amount of the price to pay to the vendor (the 3%), and deposit it to the Spanish Tax office (called  'Hacienda') on account of the vendor’s  capital gains tax liability. This is done using the form model  211. Your Solicitor will instruct you how to proceed with this point. .


You need to reckon that in total your costs of buying the property will be around 11-12% of the purchase price and are not related to the value of the property so could vary widely.

The tax to pay for purchase of a RESALE is not VAT (IVA), which is currently is the 10 % and is applied to NEW property. It is a different tax called Transfer Tax, or Impuesto sobre Transmisiones Patrimoniales (ITP), which is now 8% (in the majority of the Spanish regions)  of the purchase price.

If you purchase a new property from a Developer you pay VAT (IVA) at 10% (instead of the 8 % ITP) because the sale is a business transaction, between a company (the builder), and a consumer (the buyer). But, in resales, there is not a company involved, is only a private transaction between two individuals or particulars.

Your lawyer's fees,  which are likely to be around 1% of the purchase price, plus VAT. In addition to this, your Solicitor will charge you for the expenses of the searches like land registry reports, certificates, costs for changing utility contracts, and other administrative charges.

Other expenses to pay on resales are notary, registration and handling (gestoría) fees, which may be around 0.5-1% of the purchase price.

If you needed a mortgage, there would be also notary and registry fees to pay for registering the mortgage deed, together with commissions from your bank and other charges like life, or house, insurance, etc.  There would also be a valuation fee, which the cost of the surveyor contracted by your bank to evaluate the property.


·                               Notary Fees: For the formalization of the title deeds

·                               Land Registry Fees: For the inscription of the property deeds in your name in the  official Registro de la Propiedad.

·                               Transfer Tax: (ITP) Currently, this is the 8% over the total price of the property.

·                               Others: Solicitor Fees, Mortgage expenses, contracts of water, electric, and gas, etc.


Very important. On completion DO NO FORGET to bring with you to the notary:



Quick Info

ID3981 Detached Villa 2 bedrooms Villamartin, Orihuela Costa
Ref: ID3981 2 BEDROOM 2 BATHROOM DETACHED VILLA IN LAS FILIPINAS NEAR VILLAMARTIN, Orihuela Costa. This is an excellent property in a great location. As you enter the matured front garden with trees and Spanish plants you have a fill of luxury. There is a covered car port. As you enter the property you have a large open planed living room, dining area and American kitchen with up to date white goods and a good sized Utility Room. Also on this level you have a fully fitted shower room. A staircase take you to the first floor where you have 2 good sized family bedrooms with the master having a sunny terrace to enjoy the 3000 hours of Costa Blanca Sun shine. You also have a family bathroom. Back on the ground floor you have a large side wrap around private garden which you can enjoy the bbq and there is room for private swimming pool. Property is to be sold fully furnished. The property is located 5 min walk to La fuente Commercial Center with its bars and restaurants.walking distance to supermarket. 10 min walk from golf. 10 min drive to beach. 10 min drive to la Zenia Boulevard. 30 mins drive from Airport. Price: 199,000 EUR Suma 245 euro per year. No communal fees.
ID3980 Quad Villa 3 bedrooms Entre Naranjos, Vistabella Golf
Ref: ID3980 Quad style Villa with 3 Bedroom 2 bathroom located near Vista Bella golf. This property is set on a great plot in A quiet road over-looking the park area. This south-east facing quad has sun all day. You enter the property on the ground floor you have a good sized living room. Separate kitchen. Bedroom and bathroom. On the first level you have 2 double bedroom & a family bathroom, The master bedroom has a great sized terrace with great views and on the third level you have a great solarium roof, also with great views. The property has a well maintained tiled garden with a short walk away from Communal pool. Property is being sold fully Furnished and comes with many extras. Walking distance to Supermarket, bars, Restaurants and Vista bella golf. 35 mins to Airport. Beach 15 min drive. Price: 110,000 EUR
ID3979 NEW Luxury Apartments close to sea in Torrevieja, Costa Blanca
Ref: ID3979 NEW LUXURY APARTMENTS with 2 or 3 BEDROOMS located only 70 meters from the beach in Torrevieja, Costa Blanca. We present LAZAREVA - a building of 30 homes spread over 4 blocks, just a breath away from the sea.  The residential complex has an entrance for each block, private pool for residents with a common space for leisure and underground garage (space optional price). Apartments with 80m2 or greater, Penthouses with 20m2 solariums. All constructed to the highest standards. This new style with a simplification in two colors brings personality to the residential. This, together with the modern common area and the proximity with absolutely everything, becomes irresistible for all. An opportunity to live in style with all the facilities of modern living close to the sea. Special Incentives available if purchased through our services! Prices from 164,000 EUR to 279,000 EUR
Year Built: 2018||||
ID3978 Detached Villa 3 bedrooms Ciudad Quesada, Costa BLanca
Ref: ID3978 Detached Villa situated in a great area of Ciudad Quesada, Costa Blanca, within easy reach of the town centre. The property is in need of a facelift/renovation . It is located in a quiet cul-de-sac on a plot of some 600m2 and with a build size of 115 sq mtrs. There are 3 double bedrooms, one with an en suite and a separate family bathroom, the lounge is a good size and there is also a good sized kitchen, plus two glazed nayas. Outside is a large garden and a solarium. This is a great opportunity to buy a property that can be made very special and offers a very good possible increase in value Price: 175,000 EUR Location: Close to Town Bedrooms: 3 Bathrooms: 2 Rooms: Lounge Kitchen: Separate Kitchen Pool: No Furnished: Unfurnished Living Space: 115m2 Plot Size: 600m2 Community Fees: 0 Suma: 300
ID3977 Detached Villa 2 bedrooms in El Raso, Guardamar, Costa Blanca
Ref: ID3977 A BEAUTIFULLY PRESENTED 2 BEDROOM DETACHED VILLA is located in a quite community in El Raso. Upon entering you are greeted with a spacious tiled front garden with off-road parking. Once inside there is a lovely open lounge/dining area with a modern American-style kitchen with utility room. Downstairs is 1 double bedroom with built in wardrobe and a bathroom. Upstairs you will find a further double bedroom and bathroom, from here you have access to the solarium. This property also benefits with access to the well maintained communal pool and garden area. Air Conditioned. Price: 139,950 EUR
ID3976 Detached Villa 2 bedrooms in El Raso, Guardamar, Costa Blanca
Ref: ID3976 THIS FANTASTIC DETACHED VILLA is located in El Raso, just a short drive to Guardamar town and it’s white sandy beaches. This property comprises of 2 large bedrooms with fitted wardrobes, 2 bathrooms, a spacious lounge/dining area with pellet burner and an American-style kitchen. From upstairs you have access to the solarium at the front of the villa. This property benefits from off-road parking and use of the well maintained communal garden and swimming pool area. Please contact us for further details and to arrange a viewing!! Price: 145,000 EUR
ID3975 Town House 2 bedrooms Ciudad Quesada, Costa Blanca
ID3975 A nicely presented town house with an open aspect to the front of the property and located within a few minutes walk of a choice of supermarkets, shops, restaurants and bars with the centre of Quesada just a 15 minute walk away also. There is a nice sized, tiled patio leading to a covered terrace, ideal for outside dining which leads into the open plan lounge and dining area with a separate fully fitted kitchen with an exterior door leading to a utility/store room and further terrace at the rear of the property which gives access to the communal pool and gardens. Upstairs there are two double bedrooms one with a balcony offering views of the surrounding area and a lovely family bathroom boasting a corner bathtub. This lovely property also benefits from air conditioning, ceiling fans and fitted wardrobes, and is to be sold fully furnished plus has the use of a communal pool and gardens. There is also ample street parking to the front of the house. Price: 110,000 EUR
ID3974 Apartment 2 bedrooms Torrevieja, Costa Blanca
Ref: ID3974 Great opportunity to acquire this property which is only 2 minute walk from the Mediterranea sea and in a very popular area of Torrevieja. This apartment is really large, aprox 84 m2 + two balconies. Kitchen has been renovated. Terrace is west facing. Located close to playa Acequion, Torrevieja and to the town facilities. 40 minutes from Alicante airport. Air conditioning Near Transport Easy Renting Very Good Access Constructed in 1985 Needs modernizing Airport 45 mins Beach 100m Walk to shops Walk to bars Walk to restaurants Grills Walk to beach Price: 72,000 EUR
Year Built: 1985||||
ID3973 NEW Luxury Villa on the beach in La Mata, Torrevieja
Ref: ID3973 ROSTU are pleased to o er you this great opportunity to ful ll your dream of living in a Scandi-navian designed villa next to the beach of La Mata with the best orientation and views to the sea. Private swimming pool Solarium on upper terrace with BBQ area Double access and Private driveway Home automation system Air-conditioning Under oor heating Alarm installation Rain resistant treatment on facade Gardens and terrace designed by landscape artist High tech security entrance + cameras BRIGHT OPEN PLAN LIVING... Each of the homes are designed to be a bright, open plan and an enjoyable villa. The architects have kept in mind our customers privacy and security, while designing a villa with which its colours and simplicity of lines complement each other throughout. The property include home automation systems, allowing you to be able to control heating and lighting via your smartphone. All villas include under oor heating and air conditioning. Our luxury homes re ect the extremely high stan-dards of today’s construction technics. A villa to be proud of. Prices from 695,000 EUR plus purchase costs
Year Built: 2018||||
ID3972 Corner Bungalow 3 bedrooms Guardamar
Corner Bungalow Ref .: ID3972 Located in La Mata Dunes Guardamar Del Segura Constructed in 2005, 85m2 Housing, 120m2 Garden, South orientation. Consists of 3 bedrooms, 2 bathrooms, Large living room, American kitchen, Terrace, Solarium, Communal swimming pool. Pre-installation Air Conditioning by ducts. 300m from the beach. Price: 149,000 Eur
Year Built: 2005||||
Title Price Type Year
Click to learn more... ID3981 Detached Villa 2 bedrooms Villamartin, Orihuela Costa (Villa) 199,000. Home Type: Villa
Click to learn more... ID3980 Quad Villa 3 bedrooms Entre Naranjos, Vistabella Golf (Quad) 110,000. Home Type: Quad
Click to learn more... ID3979 NEW Luxury Apartments close to sea in Torrevieja, Costa Blanca (Apartment) 164,000. Home Type: Apartment 2018
Click to learn more... ID3978 Detached Villa 3 bedrooms Ciudad Quesada, Costa BLanca (Villa) 175,000. Home Type: Villa
Click to learn more... ID3977 Detached Villa 2 bedrooms in El Raso, Guardamar, Costa Blanca (Villa) 139,995. Home Type: Villa
Click to learn more... ID3976 Detached Villa 2 bedrooms in El Raso, Guardamar, Costa Blanca (Villa) 145,000. Home Type: Villa
Click to learn more... ID3975 Town House 2 bedrooms Ciudad Quesada, Costa Blanca (TownHouse) 110,000. Home Type: TownHouse
Click to learn more... ID3974 Apartment 2 bedrooms Torrevieja, Costa Blanca (Apartment) 72,000. Home Type: Apartment 1985
Click to learn more... ID3973 NEW Luxury Villa on the beach in La Mata, Torrevieja (Villa) 695,000. Home Type: Villa 2018
Click to learn more... ID3972 Corner Bungalow 3 bedrooms Guardamar (Bungalow) 149,000. Home Type: Bungalow 2005