Due diligence is the most important part of any property purchase in Spain. The onus is on the buyer to verify that a property is legally sound before committing. Your lawyer due diligence stands between you and serious problems.
Land Registry Check (Nota Simple)
Shows registered owner, charges, mortgages, embargoes, property description and boundaries, and any usufruct or other rights. If the owner does not match the seller, this is an immediate red flag.
Catastro (Cadastral) Verification
Your lawyer checks catastral records match the Land Registry and the actual property. Discrepancies are surprisingly common in Spain.
Town Planning Compliance (Urbanismo)
Checks with the ayuntamiento that the property complies with planning regulations: urban vs rural land, no pending proceedings, extensions properly licensed, and no future planning developments affecting the property.
Building Licences and Habitation Certificate
Every property should have a cédula de habitabilidad. Without it, connecting utilities is problematic, mortgages may be refused, and future sale will be difficult.
Debt Checks
Certain debts transfer to the new owner in Spain. Your lawyer checks IBI arrears, unpaid community fees, utility debts, and other liens.
Community of Owners Review
Review statutes, recent meeting minutes, financial health, pending special assessments (derramas), and seller payment status.
Energy Performance Certificate
Required for all sales and rentals. Your lawyer checks it is valid and registered.
Why Due Diligence Matters
The Costa Blanca has a history of planning irregularities and illegal constructions. Unregistered extensions, protected land issues, or boundary disputes can result in demolition orders, fines, or legal proceedings. Comprehensive due diligence is not a luxury — it is a necessity.
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Disclaimer: This article is provided for general informational purposes only and does not constitute legal, tax, or financial advice. Tax laws and regulations are subject to change and may vary depending on individual circumstances. No solicitor-client relationship is created by reading this article. For advice specific to your situation, please contact a qualified legal professional. Tomas Ballestero Lawyers accepts no liability for actions taken based on the information contained herein.
Need thorough due diligence on a Spanish property? Our experienced property lawyers in Costa Blanca & Valencia offer a free initial consultation. Call +34 965 792 946.