Property solicitors in Barcelona
At Ajuridic we get involved before anything is signed and also once the problem has already appeared: sales and purchases, tenancies, hidden defects, disputes with developers and the documentary checks to be made before buying a property.
Carrer del Freser, 104 · El Clot, Sant Martí (Barcelona) · We advise in Spanish, Catalan, English and Arabic (Arabic by prior appointment).
In Catalonia, buying a flat involves papers that are not required in the rest of Spain
The firm works from El Clot, in Sant Martí, and handles property matters in the city of Barcelona, the surrounding area and the rest of Spain. Most cases come in through one of two doors: someone who is about to sign and wants to know what they are signing, or someone who has already signed and has run into something they did not expect.
The first door is the cheap one. A property transaction involves a lot of money and is documented in very few weeks, and in Catalonia the list of required documents is longer: as well as the Land Registry extract and the title deed, into play come the cédula de habitabilidad (certificate of habitability), the energy performance certificate and, in buildings over forty-five years old, the building fitness certificate arising from the technical inspection. In a city with Barcelona's building stock, that last document is not a formality: it is where the levies for the façade, the courtyard or the roof appear — the ones the buyer ends up paying without having seen them coming.
On top of that, a sale between private individuals with Catalan civil status is governed by Book Six of the Codi civil de Catalunya, with its own rules on conformity and on claims, and Barcelona has been declared a stressed residential market area, which affects what rent can be agreed in many tenancies. Checking which framework applies before signing avoids almost all the litigation that comes afterwards.
What exactly we do
The scope is set out in writing case by case. These are the things we do most often.
Buying, selling and building
- Land registry, planning and residents' association due diligence before anything is signed.
- Drafting and negotiating reservation agreements, deposit contracts and private sale contracts.
- Reviewing the draft deed and attending the signing at the notary's office.
- Off-plan purchases: the contract with the developer, guarantees and payments on account.
- Removal from the register of mortgages, attachments and charges recorded against the property.
- Coordinating the payment of taxes and registration at the Land Registry.
Renting, defending and claiming
- Residential tenancy agreements and agreements for uses other than a dwelling.
- The deposit, lodging it with the regional body and additional guarantees.
- Unpaid rent, claims for sums of money and possession proceedings.
- Hidden defects and lack of conformity against the seller.
- Construction defects against the developer, the builder and the professionals.
- Residents' associations: levies, works and challenges to decisions.
- Ending co-ownership and getting out of a deadlocked joint ownership.
Who runs the case
The principal is Noemí Ampurdanés Parés, a solicitor registered with the ICAB under no. 22359, with over thirty years in practice; personal profile of the firm's principal at noemiampurdanes.com. For the notarial, land registry, expert and court side, the firm draws on a network of notaries, procuradores (court agents) and specialist solicitors.
How we handle a property matter, step by step
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First review
We look at what already exists: the advertisement, the draft contract, the title deed, the formal notice received or the surveyor's report. That first reading usually makes clear whether the matter is one of prevention or already one of claiming.
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Documentary checks
An up-to-date Land Registry extract, the planning status of the property, the residents' association's accounts and minutes, the certificate of habitability, the energy performance certificate and the building fitness certificate. We look for what is missing: a charge that has not been removed, works carried out without permission, a levy approved and not passed on.
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Report and strategy
The client is told what the risks are, which can be neutralised with a clause and which are a reason not to sign. If the matter is contentious, we assess the out-of-court route before issuing a claim and set out the instructions in writing.
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Negotiation and drafting
We negotiate with the other side, the agency or the developer and draft the documents: reservation agreement, deposit contract, tenancy agreement, termination agreement or letter of claim. This is where the costs are shared out and the deadline for completing before the notary is set.
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Signing and the steps that follow
Attendance at the notary's office, checking that the deed reflects what was agreed, and then payment of taxes, registration at the Land Registry and transfer of the utilities and the residents' association account.
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A claim, if the problem appears later
When the defect emerges after the property has been handed over, the order is: an expert report evidencing the damage and its cause, formal notice to the party responsible, negotiation with their insurer and, if there is no agreement, court proceedings.
Documents and warnings
Documents that are nearly always required
The final list depends on the type of property, on the age of the building and on whether the transaction is a sale or a tenancy.
| Document | Where to obtain it |
|---|---|
| Up-to-date Land Registry extract for the property | Land Registry |
| Purchase deed or title document | The notary's office where it was made |
| Valid cédula de habitabilidad | Generalitat de Catalunya |
| Energy performance certificate | The certifying professional and the regional register |
| Building fitness certificate (following the technical inspection) | The managing agent or the Agència de l'Habitatge |
| Certificate that the residents' association account is up to date | Managing agent |
| Minutes and rules of the residents' association | Managing agent |
| The latest IBI (council property tax) and utility bills | The council and the utility companies |
| Permissions and planning files for the property | Barcelona City Council |
Warnings worth bearing in mind
New builds have staggered guarantees
The Ley de Ordenación de la Edificación (the Spanish Building Act) distinguishes three guarantee periods according to the damage: ten years for defects affecting the stability and strength of the building, three years for those affecting habitability — damp, insulation, services — and one year for finishing defects. The developer, the builder and the professionals are liable according to who is responsible for the damage, and it all rests on the expert report.
The time limits for claiming vary
The time available to claim depends on which regime applies, on the type of defect and on the date of the contract, and there is no single rule covering every case. What is constant is that the clock starts running before the person affected decides to claim: get in touch as soon as you spot the problem, not once talks with the other side have run out.
The tax treatment of a transaction changes frequently
The rates and reliefs for the transfer tax, the plusvalía municipal and the taxation of the gain for income tax purposes have been changed several times in recent years, and in Catalonia they also depend on the regional legislation in force. The firm does not publish rates or offer fixed calculations online: the figure is checked against the particular transaction and at the time it is signed.
Related practice areas and guides
A property is rarely just a property: it usually comes from an inheritance, emerges from a separation, or is bought by someone still regularising their status in Spain.
Wills, probate and inheritance
An inherited flat: distribution of the estate, registration at the Land Registry and getting out of the joint ownership.
Go to the practice areaFamily law
Occupation of the family home and settling the property regime after a separation.
Go to the practice areaCivil liability
Damage from construction defects, leaks and incidents at the property.
Go to the practice areaLegal blog guides
- Buying and selling property in Barcelona: the documents to gather first, the reservation agreement, the deposit, the notary, taxes and costs.
- Civil contracts and claims in Barcelona: unfair terms, breach of contract and routes for claiming.
- Wills, probate and inheritance in Barcelona: what happens to a property before it can be sold.
- Administrative procedures in Barcelona: permissions, council proceedings and appeals.
Frequently asked questions about property law
What is property due diligence and why does it matter in Barcelona?
It is the documentary check carried out before signing: the Land Registry extract to see ownership and charges, the planning status of the property at the council, the state of the residents' association and any levies approved, the cédula de habitabilidad, the energy performance certificate and the building fitness certificate. In Barcelona the old building stock weighs particularly heavily: outstanding structural works are the extra cost that most often turns up after a purchase.
Can a flat be sold without a cédula de habitabilidad?
In Catalonia a valid cédula de habitabilidad is required to transfer a dwelling and to have the utilities connected. There are limited grounds for exemption, for example where the property is transferred for refurbishment or demolition, but these must be expressly recorded in the deed together with the declaration the rules require. It is not something that can be left until after signing.
What is the difference between a reservation agreement and a deposit contract?
A reservation agreement is a short document that takes the property off the market while the paperwork is checked. A deposit contract is a binding private contract setting the price, the deadline for completing before the notary and how the costs are shared. Under the arras penitenciales of article 1454 of the Spanish Civil Code, if the buyer pulls out they lose what they paid and if the seller pulls out they return double, but not all deposits are arras penitenciales: it depends on how the contract is drafted.
What can be claimed from the developer if defects appear in a new build?
The Ley de Ordenación de la Edificación sets different guarantee periods according to the type of damage: ten years for defects affecting the stability and strength of the building, three years for those affecting habitability — damp, insulation, services — and one year for finishing defects. The developer, the builder and the professionals are liable according to who is responsible for the damage, and the expert report is decisive.
What is the time limit for claiming for hidden defects in a second-hand home?
It depends on which regime applies. A sale between private individuals in Catalonia is governed by Book Six of the Codi civil de Catalunya, which works with the idea of lack of conformity and requires the defect to be notified to the seller as soon as it is detected; the hidden defects remedy under the Spanish Civil Code has its own, shorter time limit. The time limits vary according to the case and the date of the contract: it is worth taking advice without letting time pass.
Note
This page sets out general information on property law and does not constitute legal advice on a particular case. The civil, planning and tax rules applicable in Catalonia change frequently: before signing a reservation agreement, a deposit contract, a deed or a tenancy agreement, it is worth checking the position against the property's actual paperwork.
Before you sign the deposit contract, do the sums
What you pay on top of the price and which documents it is worth having together. Free, no sign-up and no data sent anywhere.
Costs of buying and selling a home
What you pay on top of the price: ITP (transfer tax) or VAT depending on whether the home is second-hand or new, stamp duty, the notary, the Land Registry, the gestoría and the valuation, and who pays what.
See the costs, item by itemDocument checklist
The list of papers for six of the firm's procedures, tickable and printable, so you arrive at the first consultation with the file already checked.
Open the checklistTime limit checker
Eleven time limits covering fines, employment, damage claims and inheritance. Enter the start date and it shows the deadline for acting and how many days are left.
Check a time limitTell us about the case before you sign
With the Land Registry extract, the draft contract and the basic details of the property, the firm can tell you what still needs checking, which clauses are worth negotiating and what deadlines you are working to.