What a lawyer checks before buying a property in Spain

Before buying a home it is worth confirming that the documentation matches what is being offered and that the contract terms reflect what has been agreed.

A viewing tells you about the layout and the surroundings. The legal review looks at other questions: who can sell, which rights affect the property, which documents are missing and which obligations you take on when you sign.

The lawyer’s work is to analyse the transaction from the client’s interests, within the engagement agreed. The checks needed will depend on the property, its location and whether you are buying a used, new or off-plan home.

1. Who owns the property and who can sign

The first check is to identify the seller and compare their title with the registry information.

It is also necessary to review whether several owners, a company, heirs or a person acting under a power of attorney are involved. Depending on the circumstances, additional consents or documents may be required.

The Consejo General del Notariado stresses the importance of checking who signs for the seller before taking on commitments.

Source: Consejo General del Notariado — Buying a home

2. Which charges and limitations appear in the registry

Registry information identifies mortgages, attachments, usufructs, easements and other registered limitations.

The lawyer must analyse their effect on the transaction: some may need cancelling; others may remain and affect how you can use the home.

Knowing that a charge exists is not enough: you need to understand how it will be resolved or what consequences it will have for you.

Source: Ministerio de Consumo — The nota simple registry extract

Where there is an outstanding mortgage, for example, the bank documentation, the payments and the cancellation steps should be pinned down before signing.

3. Whether there are community debts or extraordinary levies

In a home within an owners’ community, the review should cover the position on ordinary fees and any approved extraordinary levies (derramas).

Where the state Horizontal Property Act applies, its article 9.1.e makes the property legally affected by certain debts of the previous owner, within statutory limits. It also governs the certificate of the debt position and the buyer’s ability to waive it expressly.

Source: Ley 49/1960 on horizontal property — Article 9.1.e

Accepting that waiver requires understanding which information you will not receive. The applicable regime must also be checked against the location of the property.

You can also ask for recent minutes to be reviewed, to learn about planned works, relevant resolutions and extraordinary expenses. The contract should state how pending payments are to be allocated.

4. The annual property tax (IBI) and other financial obligations

The latest IBI receipt is one piece of the review, but it is also worth checking whether any amounts remain unpaid.

The Ministry of Consumer Affairs warns that certain community and IBI debts may legally affect the property even where they correspond to the previous owner.

Source: Ministerio de Consumo — How to check a home’s debts

Preparing the purchase must distinguish between existing debts, cancellation costs, taxes on the transaction and any allocation agreed between the parties. These points should be documented.

5. Whether the documentary description matches the home

It is useful to compare the deed, the registry information, the cadastral record and the features you know about the property.

Differences may appear over floor area, annexes, the plot or building works. A pool, a garage or an extension must be correctly identified before deciding which additional documents are needed.

The Catastro is an administrative register containing the description of properties. Its function differs from the Land Registry’s.

Source: Dirección General del Catastro — Frequently asked questions

A discrepancy does not by itself mean there is an irregularity. Its origin must be investigated and a decision taken on whether legal or technical input, or both, is required.

6. The planning position and works already carried out

The planning review may require municipal documentation on licences, permitted use, works and any files opened.

Article 27 of the consolidated Land and Urban Rehabilitation Act provides that a transfer does not remove the owner’s planning duties and sets out how the buyer is subrogated, on the terms laid down by law.

Buying a home therefore does not by itself wipe out its planning obligations.

Source: Real Decreto Legislativo 7/2015 — Article 27

If you intend to renovate, extend or use the property for a particular activity, say so at the outset. The review must take that aim and the applicable regional and municipal rules into account.

7. Occupancy and energy performance documents

The documents required depend on the location, the type of property and the transaction. One identical checklist should not be used for every home in Spain.

On energy performance, article 17 of Real Decreto 390/2021 requires that, for sales of existing buildings within its scope, a copy of the registered certificate and the label be annexed to the contract.

Source: Real Decreto 390/2021 — Article 17

The lawyer can check which documents correspond and request them. The energy certificate does not replace an inspection of the building’s condition.

8. Whether there are tenants, occupiers or other rights

It must be established whether the home will be handed over free of occupiers or whether a tenancy or another right of use exists.

The Notariat records that the seller must state the tenancy and occupancy position in the deed.

Source: Consejo General del Notariado — Documents and checks for the purchase

Where a contract exists, the review must examine its content and the effects it may have on the acquisition. A verbal promise to hand over the keys is not a safe basis.

9. The terms of the reservation, the arras and the sale contract

The documentary review must translate into clear contractual terms.

Among the points you can ask the lawyer to cover are:

• A precise identification of what you are buying and its annexes.
• Price, payments and recipients.
• Deadlines and outstanding documentation.
• Conditions relating to financing.
• How charges and debts are dealt with.
• Handover of possession and included goods.
• Consequences of non-performance.

The effects of a reservation or arras depend on their content and legal nature. The analysis published by the Consejo General de la Abogacía stresses that the name given to a document does not by itself determine its effects.

Source: Abogacía Española — Preparatory contracts for the sale of property (analysis article)

What should you receive when the review ends?

Ask for an explanation you can follow, one that distinguishes:

A generic “everything is fine” tells you less than specific, documented conclusions.

Frequently asked questions

Is a nota simple enough?

It is an important starting point, but the review may need certificates, contracts, municipal information and other documents depending on the case. The nota simple does not replace all of those checks.

Does the lawyer inspect the structure or the installations?

Technical assessment belongs to the competent professional. The lawyer can coordinate it and analyse its legal consequences, but does not replace the technical professional.

Do these checks replace the notary’s?

No. The notary keeps the checks, the legality control and the impartial advice that belong to the office. The lawyer’s review is directed to the client’s interests.

Source: Consejo General del Notariado — Homes and property

Are all these checks included when I instruct a lawyer?

It depends on the engagement. Put in writing which steps are included, what is excluded and the cost of third-party searches or reports.

Buy with a review tailored to the property

A legal review connects the documentation to the terms of your purchase. What matters is knowing what has been checked, what is still outstanding and which decisions you must take before committing more money.

At MH Legal & Seguros we advise national and international buyers on property transactions across Spain, with service in your language and offices in Dénia, Gandía and Villalonga.

Contact our team at info@mhlegalyseguros.com to review the documents for your next purchase.