Timeline and ProcessUpdated 27 March 2026

What happens after I reserve a property in Spain?

Quick Answer

After reserving a property in Spain, you typically have 30 to 45 days to sign the private purchase contract and pay the main deposit. During this period your solicitor conducts legal due diligence and the reservation deposit holds the property for you.

AI Summary

1The reservation period is typically 14 to 45 days during which the property is held exclusively for you
2Your solicitor conducts legal due diligence during this period: nota simple check, building licence verification, and contract review
3The private purchase contract is signed at the end of the reservation period with the main deposit payment
4If you withdraw before signing the private purchase contract, you typically lose the reservation deposit
5Your NIE number and Spanish bank account should be arranged during the reservation period if not already in place

Key Takeaways

Instruct your solicitor immediately after signing the reservation
Use the reservation period to arrange your NIE number and Spanish bank account if not already in place
The main deposit at the private purchase contract stage is typically 10% to 30% of the total purchase price
Losing the reservation deposit is the typical consequence of withdrawal after reservation

Once you sign a reservation contract and pay the reservation deposit, the property is legally held for you and removed from sale for an agreed period, typically 14 to 30 days for resale and 30 to 45 days for new-build. During this period your independent solicitor should complete essential legal checks including reviewing the nota simple from the Land Registry, verifying any mortgages or encumbrances on the property, confirming the developer's building licence is in place (for new-build), and reviewing the terms of the private purchase contract. At the end of this period, you sign the private purchase contract and pay the main deposit, typically 10% to 30% of the purchase price. If you decide not to proceed at this stage, you typically lose your reservation deposit.

Immediate steps after signing the reservation

Once the reservation contract is signed and the deposit paid, instruct your independent solicitor immediately if you have not already done so. Provide them with a copy of the reservation contract, the developer's details (for new-build), and any property particulars. They will apply for a nota simple from the Land Registry, which confirms ownership and any charges on the property, and begin reviewing the reservation contract terms and the draft private purchase contract when it is provided.

Legal due diligence during the reservation period

Your solicitor's due diligence during the reservation period covers: verifying the seller's (or developer's) legal title and right to sell; checking for mortgages, liens, or legal disputes affecting the property; confirming that a building licence is in place for new-build properties; reviewing community fee arrears on resale properties; and reviewing the draft private purchase contract to ensure your rights are adequately protected and the payment terms and timeline are clearly defined.

NIE number and banking arrangements

To complete any Spanish property purchase, you need a Spanish tax identification number (NIE number). If you do not already have one, the reservation period is the time to apply. Your solicitor can guide you on whether to apply in person in Spain or through a Spanish consulate in your home country. You will also need a Spanish bank account to facilitate stage payments for new-build purchases and to pay ongoing costs like community fees and IBI property tax.

What if you decide not to proceed?

If your solicitor discovers a significant legal problem during the reservation period, or if your circumstances change and you decide not to proceed, the standard position is that you lose the reservation deposit. Reservation contracts are generally written to favour the developer or seller: once you have paid the reservation deposit, reversing the decision has a financial cost. This is why conducting legal checks before signing the reservation, if possible, is preferable to discovering problems during it.

Common Mistakes to Avoid

Delaying instruction of a solicitor until after the private purchase contract deadline approaches

The reservation period is short: typically 14 to 45 days. Instructing a solicitor immediately after reservation gives them time to do the work properly. Waiting until the final days puts the due diligence at risk.

Not having your NIE number or banking arrangements in place before reserving

The NIE application can take 2 to 6 weeks in some circumstances. If you are planning to buy, arrange your NIE before you start viewings so it is ready when you find the right property.

Real-World Example

A buyer reserves a new-build apartment in Estepona and pays a 6,000 euro reservation deposit. Within 24 hours they instruct their solicitor who begins checking the Land Registry, the building licence, and the draft private purchase contract. Three weeks into the reservation period, the solicitor flags that one clause in the private purchase contract allows the developer a 24-month grace period beyond the estimated completion date without any buyer remedies. The solicitor negotiates this down to 12 months before the buyer signs. The 21-day due diligence period was essential in improving the buyer's contractual protection.

This answer is for general information only and does not constitute legal advice. Always consult a qualified Spanish property lawyer before making any purchase decisions.

Reviewed by

Olga Gorshkova· Costa del Sol Property Specialist

Updated 27 March 2026

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