The Buying Process in Spain, Step by Step: Reserva, Arras, Escritura

Last updated: July 2026

the short version: a Spanish purchase runs in a fixed order. A small reservation deposit takes the home off the market. Then the arras contract, usually around 10%, locks both sides in, and the rule that matters is the asymmetry: if you walk you lose your deposit, if the seller walks they pay you back double. In between, due diligence confirms clean title, no debts, and the reference value the tax is based on. Then you sign the escritura at the notary and hand over the bank draft, register the sale at the Registro de la Propiedad, and pay ITP within the deadline. Start to finish is usually around six to twelve weeks.

This is the stage where families most often ask us "wait, what have I actually committed to?" The Spanish process has a clear spine, and each step carries a different level of commitment and a different amount of money. Once you can see the whole staircase, the steps stop being frightening. This article sits inside our guide to buying a home in Valencia as a foreigner. Here is the path in the order it actually happens.

step one: the offer and the reservation

Once you have agreed a price, the first document is usually a contrato de reserva, a reservation agreement. You pay a small amount, often between one and three thousand euros, and in return the seller takes the property off the market for a short window, typically a couple of weeks.

The reservation is not the big commitment. It buys you time and good faith while your lawyer starts checking the property. Read what you sign, because it can still tie you to conditions, but the sums are small. It should start the due diligence clock, not replace it.

step two: the arras contract, and the rule that protects you

This is the step that matters most, and the one foreign buyers most often misread.

The contrato de arras is the private deposit contract between buyer and seller. The most common form is arras penitenciales, and the deposit is typically around 10% of the price. Signing it sets out the price, the property, and a completion deadline, and commits both sides to complete by that date.

The reason arras penitenciales is fair to a buyer is the built-in asymmetry:

• If you back out, you lose the deposit you paid.
• If the seller backs out, they must return your deposit and pay you the same amount again, so you receive double back.

That symmetry of penalty is what stops a seller accepting a higher offer after you have committed. It is real protection, but only if the contract genuinely says penitenciales, because other forms of arras carry different consequences. Your independent lawyer should confirm this clause before you transfer a cent, one reason we steer families toward having someone on their own side of the table. See do you need a buyer's agent in Valencia?.

Because the arras deposit is usually about 10% of the price, this is where real money is at stake. Never sign it until due diligence is done.

step three: due diligence, the window that saves you

Between the reservation and the notary, your lawyer confirms the home is clean to buy. Ideally the core checks happen before you sign the arras, because after arras your deposit is exposed. The essentials:

• The nota simple from the Land Registry, which shows who legally owns the property and whether any mortgage, embargo, or charge sits against it.
• Any outstanding debts that travel with the home rather than the seller, such as unpaid community fees or local property tax.
• The valor de referencia, the Cadastre's reference value, because the tax base is the higher of the purchase price or that reference value. If it is higher than what you are paying, your tax bill is calculated on it, a genuine budget surprise if nobody flagged it.
• Whether any extension, pool, or division was built legally and matches the registry.

This is where scams and expensive surprises get caught. See how to avoid property traps in Spain for the full due-diligence checklist.

step four: the escritura at the notary

Completion day happens in front of a notario. The escritura pública de compraventa is the public deed of sale, and signing it is the moment ownership legally transfers.

Everyone gathers at the notary's office: buyer, seller, both sides' representatives, and, if there is a mortgage, the bank. The notary reads the deed, confirms identities and the NIE of each party, checks the property matches the registry, and confirms the funds are being paid.

Plan the payment in advance. The balance, after the arras deposit already paid, is normally handed over as a bank draft (cheque bancario) drawn on your Spanish account, so the seller has certified funds the moment they sign. Arrange it with your bank a few days ahead, not on the morning itself. This is why opening a Spanish account early matters, which we cover in opening a Spanish bank account as a non-resident buyer.

You leave with the keys and a signed copy of the deed. Legally, the home is yours.

step five: registering at the Registro de la Propiedad

Signing the escritura makes you the owner, but the sale still needs to be recorded at the Registro de la Propiedad, the Land Registry, so the public record shows you as owner and protects your title against any later claim.

The notary usually notifies the registry immediately, and your gestoría or lawyer handles the full registration afterward. It takes a few weeks and cannot complete until the transfer tax is paid, the next step. It is routine but not optional, so confirm whoever manages it actually files it.

step six: paying ITP within the deadline

The transfer tax is not paid at the notary. It falls due afterward, with a firm deadline.

On a resale home in the Comunitat Valenciana, the ITP (impuesto de transmisiones patrimoniales) is 9% from 1 June 2026, calculated on the higher of the price or the valor de referencia. It must be filed and paid within the legal window after signing, generally thirty working days, and the registry will not complete your ownership entry until it is settled. On a new build the tax is different, mainly IVA plus stamp duty, so confirm which applies.

Your gestoría normally files and pays this from your Spanish account, but the responsibility and the deadline are yours, so confirm it is done. Rates and thresholds get revised, so check the figure with your gestor or lawyer at signing. For the full breakdown of every tax and fee with a worked example, see the true cost of buying property in Valencia.

a realistic end-to-end timeline

Every purchase differs, but for a family buying a resale home in Valencia the shape is usually:

• Reservation to arras: a few days to two weeks, while the first legal checks run.
• Arras to escritura: commonly four to eight weeks, longer with a mortgage, shorter for a cash buyer.
• Escritura to registration and ITP settled: the tax is filed within its deadline after signing, and registration completes over the following weeks.

Most families land between six and twelve weeks from agreed price to keys, with a mortgage pushing toward the longer end. The one thing you control is sequencing. Have your NIE, your Spanish account, and your financing ready before you make an offer, and the staircase moves smoothly. Skip a step and it stalls, sometimes with a deposit at risk.

where Spainlander fits

Our job is to make sure you never sign the step in front of you without understanding the one behind it and the one ahead.

Start with the complimentary Valencia Buyer's Checklist: the reservation, the arras, the due-diligence list, the notary day, and the tax deadline, on a couple of pages you can actually work from. And where you want someone firmly on your side of the table for the arras and completion, we introduce you to a vetted independent buyer's agent who works for you, not the seller.

For the wider picture, this article sits inside our guide to buying a home in Valencia as a foreigner.

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Written by the Spainlander editorial team. We help international families settle into Valencia, starting with schools and ending with a home. Founder: Khristian Rueda.