Practice area
Property lawyer in Tenerife
Independent legal representation for buyers and sellers of property in Tenerife and the wider Canary Islands. Your file is handled personally by the lawyer, who accompanies you through the entire purchase or sale process and returns original documents and any unused funds when the matter closes.
02
What the service covers, and who it is for
We represent buyers and sellers of residential and investment property in Tenerife and across the Canary Islands. Most of our clients are foreign buyers — British, German, Dutch, Polish and other European — who want a genuinely independent lawyer acting only in their interest, not for the developer or the estate agency.
The service covers the full purchase cycle: pre-contract due diligence, negotiation and drafting of the deposit contract (contrato de arras), NIE application, Spanish bank account, signing at the notary, tax settlement, registration at the Land Registry and transfer of utilities and community accounts. If you are selling, we mirror the same rigour: legal preparation of the property for sale, review of the buyer's contract, prior calculation of plusvalía and capital-gains exposure, and coordination of the signing.
We work on resale housing, off-plan new-build, private villas, holiday apartments, commercial premises and land, principally in Adeje, Arona, Los Cristianos, Costa Adeje, Playa de las Américas, Santa Cruz, La Laguna, El Médano and Guía de Isora, and across the other Canary Islands where a matter requires it.
Why choose this firm
Twelve years practising in the Canary Islands. Bar registration nº 5427 with the Ilustre Colegio de Abogados de Santa Cruz de Tenerife (ICATF), fully in practice, with mandatory professional liability insurance. We accompany the client through the entire process, from start to finish.
You deal directly with the lawyer, not an assistant or a call centre. We work in Spanish, English and German, so you read and sign every document with full understanding. When the file closes we return every original document and any part of the funds provision that was not used, with detailed justification.
03 · Due diligence
What we review before you buy
Every purchase goes through a full legal review before you sign or transfer a single euro. The points we never take on trust:
Title of the property
Land Registry search confirming that the seller is the actual owner, with no hidden usufruct, bare ownership or co-ownership issues.
Charges, debts and embargoes
Up-to-date Registry certificate (nota simple) to detect mortgages, embargoes, easements or tax liens attached to the property.
Planning and zoning status
Checks at the town hall for building licences, land classification, executed works and compatibility with current zoning.
Deposit contract (arras)
Drafting or review of the reservation or arras contract, with balanced clauses and realistic deadlines for notarial completion.
Terms of the sale
Price, payment structure, cost allocation, penalties, financing condition and handover of keys.
Notarial documentation
Preparation of the public deed, coordination with the notary and verification of the banker's cheque against lawful withholdings.
Taxes and associated costs
Prior calculation of ITP or IGIC + AJD, notary, Land Registry, gestoría and legal fees, so you know your total cost before signing.
Coordination with all parties
Direct dialogue with the notary, bank, developer or estate agency and the community of owners, without you having to chase each step.
04 · International clients
Legal advice for foreign buyers in Tenerife
We represent foreign buyers acquiring a home, investment or second residence in Tenerife. Every step of the legal process is explained clearly, and we accompany the client from the initial review through signing and post-completion filings.
Truly independent representation for buyers from the UK, Germany, the Netherlands, Poland and beyond. All documents reviewed and explained in your language. NIE, banking, notary and registry handled by the same lawyer.
View service in English05 · Proceso
Step-by-step process
01
Pre-purchase due diligence
Land Registry (Registro de la Propiedad) and Catastro searches; verification of mortgages, embargoes, easements and tax liens; planning checks with the local town hall; habitation certificate, energy certificate and IBI (council tax) up to date. Any existing tenancy or unpaid community charges are flagged before you commit.
02
Deposit contract (arras)
We draft or review the arras contract — usually penitential arras (art. 1454 Civil Code) — to secure the typical 10% deposit, fix a realistic completion date, split costs, add a financing condition where applicable and regulate handover of keys.
03
NIE, bank account and power of attorney
We obtain your NIE (Foreigner Identification Number), open a Spanish bank account and, if you prefer not to travel, arrange a power of attorney (apostilled if executed outside Spain) so we can complete the purchase on your behalf. All completed before the arras deadline.
04
Notary and tax settlement
We coordinate the date with the notary, review the draft deed, verify the banker's cheque against the price and lawful withholdings, and sign. On resale property we settle ITP transfer tax (Canary Islands: banded scale from 6.5%); on new-build, IGIC at 7% plus AJD stamp duty.
05
Registration and closing
Registration of the deed at the Land Registry, transfer of IBI and utilities into your name, notification to the community of owners, and delivery to you of the full file — original documents, tax receipts, and any unused funds with a final settlement sheet.
06 · Prevention
Risks of buying without legal advice
In most disputes that reach our office, the problem could have been avoided with a prior review. The most common risks when a buyer signs without their own lawyer:
- Buying a property with charges or debts that were not detected before signing.
- Signing unfavourable contracts drafted by the seller or the estate agency.
- Discovering planning issues: unlicensed works, unlegalised extensions or zoning incompatibilities.
- Payment or tax settlement errors, followed by penalties and interest.
- Lack of clarity on the total cost of the transaction — real budget vs. informal estimate.
- Relying only on the estate agency or third parties without independent legal advice.
Independent legal advice prevents costly mistakes and protects the buyer's interests throughout the entire transaction.
07 · Trust
Why choose Tenerife Legal Services
A small, specialised, personal firm delivering the execution standard of a large international practice.
· 01
Experience in property transactions
Consolidated track record in resale, new-build, villas and investment property across Tenerife and the wider Canary Islands.
· 02
Personal attention
Your file is handled directly by the lawyer. No handovers between paralegals, no call centres in the middle.
· 03
Clear, transparent advice
Fixed fee confirmed in writing before you engage. No percentage of the price, no surprises at closing.
· 04
Focus on Spanish and foreign clients
Bilingual documentation where relevant, five working languages, and coordination with notaries and banks used to international clients.
· 05
Full legal review
Registry, planning and tax due diligence before any signature. The buyer knows every risk before committing.
· 06
Support through to completion
Coordination of NIE, bank account, arras, notary, taxes and registration — you do not carry the logistical load.
· 07
Professional communication
Written responses, clear deadlines, and full document trail of the file, delivered to you at closing.
08 — Expected costs and what drives them
Expected costs and what drives them
On a purchase in Tenerife, on top of the price the buyer should reserve roughly 10% extra to cover taxes and fees. The exact figure depends on whether the property is resale or new-build, the reference value (valor de referencia) set by the Catastro, and whether a mortgage is involved.
- ITP (resale property) — progressive Canary Islands scale from 6.5% on the higher of price or reference value.
- IGIC + AJD (new-build) — 7% IGIC plus stamp duty (Actos Jurídicos Documentados), typically 1%.
- Notary — official tariff, roughly 0.3% to 0.5% of the price with minimums.
- Land Registry — official tariff, roughly 0.1% to 0.25%.
- Gestoría and ancillary filings — fixed fee per transaction.
- Legal fees — confirmed in writing before you accept the engagement: fixed fee per transaction.
09 — Documents you will need
Documents you will need
Prepared in advance, these documents shorten the transaction by two to four weeks. As a foreign buyer you need:
- Valid passport or national ID.
- NIE (we obtain it before arras if you don't yet have one).
- Bank evidence of the source of funds — a legal requirement at the notary under anti-money-laundering rules.
- A Spanish bank account or documented cross-border transfer route.
- If buying through a company: incorporation deed, director's power and tax standing certificates.
- If buying by power of attorney: notarial power with Hague apostille if executed outside Spain, plus sworn translation into Spanish.
10 — Realistic timelines
Realistic timelines
A standard purchase without bank financing can close in as little as 3 days when all documentation is in order: a simple signing before a notary is enough if the buyer and seller provide their ID/NIE, the seller's title deed, an updated certificate of charges and ITP settlement. With a mortgage, the timeline is usually 2 to 3 months: the bank needs a valuation, feasibility study, risk-committee approval and signing of the mortgage deed. Off-plan new-build follows the developer's delivery schedule — we track milestones and protect stage payments with the bank guarantee or insurance required by Law 38/1999.
11 — FAQ
Frequently asked questions
Can I buy a home in Tenerife if I am not resident or an EU citizen?
Do I need to travel to Tenerife to sign?
What taxes does a buyer pay on resale property in the Canary Islands?
What is the difference between penitential, confirmatory and penal arras?
What happens if the seller defaults after arras?
How long does a purchase or inheritance take?
How and when are your fees set?
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