Legal Guide · Updated 2026
In Spain, certain debts and legal problems follow the property — not the seller. If your lawyer does not check everything thoroughly before you commit, you could inherit someone else’s unpaid mortgage, illegal extension, or planning violation. This guide covers every check your lawyer must carry out before you pay a deposit.
Contents
Due diligence is the process of verifying every legal, planning and financial aspect of a property before you commit to buying it. In Spain, this is not a formality — it is a necessity, because Spanish law allows certain debts and obligations to follow the property when ownership changes hands.
This means that if the previous owner had an unpaid mortgage, IBI tax arrears, or community fee debts, those obligations can become your problem after completion. Your lawyer’s job is to find every issue before you sign anything.
The first and most important check is obtaining a nota simple informativa from the Registro de la Propiedad. This document confirms the current registered owner, the legal description and surface area, and any mortgages, charges, liens, embargos or court orders registered against the property.
Your lawyer obtains an up-to-date nota simple directly — never accepts one provided by the seller, which may be outdated. A nota simple costs around €9 and takes 24–48 hours to obtain online.
The Catastro is Spain’s property tax registry, separate from the Land Registry. Your lawyer checks the Catastro records to verify the registered surface area matches the Land Registry and the physical property, the cadastral value used to calculate IBI and other taxes, and the Valor de Referencia — the minimum taxable base for ITP transfer tax.
Discrepancies between the Land Registry, Catastro and the physical property are common in Spain — particularly in older rural properties and those that have been extended. Resolving these discrepancies before purchase is essential.
Planning compliance is one of the most complex areas of due diligence in Spain, particularly for rural properties, coastal properties, and homes that have been extended or renovated. Your lawyer checks with the local Ayuntamiento (town hall) that all construction is legal and licensed.
| Planning Check | What It Confirms | Risk if Missing |
|---|---|---|
| Building licence (licencia de obras) | Original construction is legally approved | Demolition order risk |
| Extension licences | All additions have their own approval | Illegal structure — cannot be sold or rented |
| No planning violations | No enforcement action pending | Inherited fine or demolition obligation |
| Coastal zone check | Not in protected Ley de Costas zone | Renovation restrictions or demolition risk |
| Land classification | Residential, rural or protected land | Building restrictions or permitted use limits |
In Spain, certain debts are attached to the property itself — not to the seller personally. This means they become your liability after completion if not settled beforehand.
| Debt Type | Years That Follow Property | How to Check |
|---|---|---|
| IBI (annual property tax) | Last 4 years | Certificate from Ayuntamiento |
| Community fees | Last 3 years | Certificate from community administrator |
| Mortgage | Full balance | Nota simple from Land Registry |
| Utility connection debts | Varies | Check with each utility provider |
| Rubbish collection tax | Last 4 years | Certificate from Ayuntamiento |
Your lawyer requests certificates confirming zero arrears for each category. Any outstanding amounts must be settled at completion — typically deducted from the seller’s proceeds at the notary.
Several certificates are required for a legal property sale in Spain. Your lawyer verifies that all of the following exist and are current before completion:
| Certificate | What It Confirms | Required For |
|---|---|---|
| Cédula de Habitabilidad | Property meets minimum habitation standards | Utility connections, tourist rental licence |
| Licencia de Primera Ocupación | New build approved for occupation | New build completions only |
| Energy Performance Certificate (EPC) | Energy efficiency rating A–G | All sales — legally required |
| ITE / IEE Building Inspection | Structural condition of building | Older apartment buildings |
If the property is an apartment, townhouse, or villa within a residential complex, it belongs to a Comunidad de Propietarios. Your lawyer checks:
The seller must provide a certificate from the community administrator confirming zero fee arrears. Without this certificate the notary will not complete the sale.
Use this checklist to confirm your lawyer has completed all necessary checks before you sign the Contrato de Arras:
| # | Check | Source |
|---|---|---|
| 1 | Nota simple from Land Registry — ownership, charges, mortgages | Registro de la Propiedad |
| 2 | Catastro records — surface area and Valor de Referencia | Sede Catastro |
| 3 | Building licence for original construction | Ayuntamiento |
| 4 | Licences for all extensions and renovations | Ayuntamiento |
| 5 | No planning violations or demolition orders | Ayuntamiento |
| 6 | Coastal zone compliance (if near the coast) | Demarcación de Costas |
| 7 | IBI tax paid — last 4 years | Ayuntamiento |
| 8 | Community fees paid — last 3 years | Community administrator |
| 9 | No pending derramas (special assessments) | Community administrator |
| 10 | Cédula de habitabilidad valid | Regional authority |
| 11 | Energy Performance Certificate exists | Seller obligation |
| 12 | Utility debts cleared | Utility providers |
| 13 | Mortgage cancellation confirmed (if applicable) | Land Registry post-completion |
Find a vetted English-speaking property lawyer in Mallorca, Marbella, Barcelona, Málaga and beyond.
If any of the following are discovered during due diligence, your lawyer will advise you to pause, renegotiate, or walk away:
Buildings without licences can face demolition orders. In some regions legalisation is impossible — walk away.
If the seller owes more than the sale price, completion may be impossible. Your lawyer must verify the mortgage will be cancelled at completion.
Properties within the Ley de Costas protected zone face severe restrictions on renovation, extension and in some cases demolition risk.
A pending special assessment of €20,000+ for lift replacement or structural repairs becomes your liability the moment you complete.
Without a valid habitation certificate you cannot connect utilities. In some cases the property legally cannot be lived in.
A registered embargo means the property is subject to legal proceedings. Completion is extremely risky until this is resolved.
Engage your lawyer before making any offer. They can advise on the property before you commit any funds.
At minimum your lawyer obtains the nota simple and checks the Catastro before the Contrato de Arras is signed and deposit paid.
Planning searches, debt certificates, community checks and certificate verification all completed within 1–2 weeks.
Only after all due diligence is clear does your lawyer recommend signing the private purchase agreement and paying the 10% deposit.
Final title deed signed. Your lawyer confirms all debts cleared and mortgage cancelled before funds are transferred.