Jávea and neighbouring Moraira sit at the higher end of the Costa Blanca property market, and that changes the legal profile of the work here. The estates are larger, the properties are more often villas on individual plots, and the planning questions are more consequential than on the coast further south.
Higher values also mean the cost of getting the structure wrong is higher.
What makes Jávea different legally?
Two things. Villa plots raise planning and boundary questions that apartments do not — rustic land classification, pool and outbuilding legality, boundary discrepancies between the deed and the Cadastre. And larger estates make the choice-of-law election in a Spanish will genuinely consequential rather than merely tidy.
Property: what to check before signing
On a villa purchase in the Jávea, Moraira or Benitachell area, these are the checks that actually change outcomes:
- Land classification. Whether the plot is urban, urbanizable or rustic determines what can be built, extended or legalised. Getting this wrong after purchase is rarely fixable.
- Legality of pools, outbuildings and extensions. Structures built without licence, or with expired licences, are common in older villas.
- Boundaries. Discrepancies between the Land Registry description, the Cadastre and the physical fence line are frequent on individual plots and expensive to resolve later.
- Charges and encumbrances. Verified with a nota simple before any private contract is signed.
- Coastal and infrastructure easements, where relevant to the plot.
Our managing partner, Vicente José Santamaría Baeza (Alicante Bar no. 8,150), practises in civil, commercial and real estate law, including complex property transactions and mortgage enforcement proceedings.
On an apartment purchase, the main risks are financial — debts and charges. On a villa purchase, they are physical and administrative: what is actually built, and whether it is legally allowed to be there. Different checks entirely.
Wills and inheritance for larger estates
A Spanish will costs around €60 at the notary. For an estate of any size in Jávea, the important part is not the cost but the election of national law under EU Regulation 650/2012.
Without that election, the law of your habitual residence generally applies — meaning Spanish forced heirship reserves two-thirds of your estate for your children. For a British or Irish national accustomed to full testamentary freedom, that is a substantial and usually unintended change.
On tax, the Valencia region’s 99% relief (Ley 6/2023) applies to spouses, children and parents. A child inheriting €200,000 pays around €124. The relief does not extend to siblings, nieces, nephews or unmarried partners — and in higher-value estates, that exclusion produces very large numbers. Check your position with the inheritance tax calculator or read the guide to inheritance in Spain for foreigners.
Frequently asked questions
Do you have an office in Jávea?
Our office is in Alicante city and we act across the whole province, including the Dénia courts, which cover Jávea, Moraira and Benitachell. Property and inheritance matters are generally handled remotely by power of attorney.
The pool at the villa I want to buy has no licence. Is that a deal-breaker?
Not necessarily, but it must be quantified before you commit. Depending on the land classification and how much time has passed, the structure may be legalisable, may be subject to a fine, or may face a demolition order. That assessment belongs before the private contract, not after.
Which law decides who inherits my Spanish villa?
By default, generally the law of your habitual residence — Spanish law if you live here, which imposes forced heirship. You can elect for the law of your nationality in a Spanish will under EU Regulation 650/2012, which restores testamentary freedom for most common-law nationals.
Can we complete without travelling to Spain?
Yes. A power of attorney executed before a notary in your own country and apostilled, or signed at a Spanish consulate, allows us to complete purchases, sales and inheritances on your behalf.
Do you handle disputes with builders or neighbours?
Yes — construction defects, boundary disputes and community of owners matters are all within our civil practice.
Before the private contract
The single most useful thing a buyer in Jávea can do is instruct a lawyer before signing the reservation or private purchase contract, not after. Almost every problem we are asked to fix later was visible at that stage.
Send us the property details and we will tell you in English what the searches show and what it would cost to proceed. Call 654 581 493 or use the contact page. We also act for owners in Torrevieja and Orihuela Costa.