Good property due diligence in Spain means checking the legal, physical and practical condition of the exact property before you commit to a purchase. A viewing and a sales description cannot confirm that the seller owns the asset free of unexpected issues, that the layout is legal or that the property can be used for your intended purpose.
1. Request a current nota simple
A nota simple from the Property Registry provides key information about registered ownership, property description and registered charges. It is an essential early check, but it is informative rather than a substitute for every document or legal opinion. The Spanish government’s buying guide explains the role of the Registry, and the College of Registrars provides official registry services.
Compare the registered owner and property description with the sales contract and the home you viewed. Ask your lawyer to explain any mortgage, lien, attachment, easement, usufruct or other registered right and how it will be dealt with at completion.
2. Compare the registry and cadastral information
Check the land-registry description against the Cadastre, floor plans and what physically exists. Differences in surface area, boundaries, annexes, parking spaces, storage rooms, terraces or extensions deserve investigation. The registry and Cadastre serve different purposes; a mismatch should be explained rather than simply ignored.
3. Verify planning status and permitted use
Ask whether the property has the necessary permits and documents for its current configuration and intended use. This is especially important for converted commercial premises, enclosed terraces, structural changes, extensions, rural property, and holiday or short-term rental plans. A property that looks suitable may not be approved for the use you want.
Where relevant, ask the municipality or an independent professional to verify planning status, licences, completion or occupancy documents, any pending enforcement matter, and whether future renovation or change of use is realistic. Do not rely only on an estate listing or verbal assurance.
4. Check the community of owners
For an apartment or a property in a community, ask for current community-fee details, proof of charges, recent meeting minutes, approved special assessments, building maintenance plans and any rules that could affect your use. A lift replacement, façade renovation, roof repair or structural project can materially change the cost of ownership.
If the goal is tourist or short-term letting, investigate the community’s rules and the applicable approvals before paying a non-refundable deposit. The relevant legislation and interpretation have changed, and requirements may be specific to the community and property. Consult the current law and a Spanish lawyer.
5. Check local property taxes and utility status
Verify the status of property tax (IBI), community charges and relevant local bills. Request evidence that utilities are connected and check whether there are unpaid amounts, deposits, necessary upgrades or service limitations. Confirm annual costs and how they are allocated between owner and occupier under the relevant contracts.
6. Inspect the building, not just the unit
Look for damp, cracks, roof leaks, façade deterioration, poor drainage, outdated plumbing, electrical issues, ventilation problems and inadequate insulation. Ask about the lift, common areas, drainage, fire safety where relevant, and recent or planned structural works. In an older building, a professional inspection can be more valuable than cosmetic improvements.
If renovation is planned, seek itemised quotes and clarify whether works need a municipal permit, technical project, community approval or licensed contractor. Do not assume a contractor’s quote includes every permit, tax, disposal cost or hidden defect.
7. Verify energy and other required documentation
Ask for the energy performance certificate and any additional certificates or documentation applicable to the transaction. Check the identity of the seller and obtain advice if the seller acts through a power of attorney or company. If you do not understand the language of a contract, obtain a reliable translation before signing.
8. Protect yourself in the contract
Have an independent lawyer review the reservation or arras contract before you pay. It should identify the property and parties, the deposit, completion date, included items, allocation of costs, known defects, conditions and consequences if the sale does not complete. Where finance is required, obtain advice about whether and how a mortgage condition can be included; do not assume you can recover a deposit if the loan is refused.
Due diligence checklist
- Current nota simple and a clear plan for resolving registered charges.
- Consistent registry, cadastral and physical property details.
- Planning status and evidence that the intended use is allowed.
- Community fees, minutes, approved works and special assessments.
- IBI and other relevant charges checked.
- Building and apartment inspection, plus repair estimates.
- Energy certificate and other required documentation.
- Independent legal review before deposit or binding contract.
Bottom line: due diligence helps discover problems while you can still negotiate, require documents, change the terms or walk away. Treat missing documents and unclear answers as open risks—not as paperwork to sort out after completion.
Image credit: Photo by deborah cortelazzi on Unsplash.
General information only. The correct checks depend on the location, building and intended use; use independent legal and technical professionals where appropriate.