Due Diligence When Buying Property in Spain

Due diligence is the set of legal checks your lawyer carries out on a Spanish property before you pay any deposit. It tells you who owns the property, whether it carries debts or charges, and whether what you see was built legally. Tomas Ballestero Lawyers does these checks for international buyers, from our office in Jávea and our associated office in Dénia, on the Costa Blanca.

The checksWhat we check

• Ownership and chargesThe nota simple from the Land Registry: the registered owner and any mortgages, embargoes or other charges.
• CatastroThe Catastro compared with the deed and with what is actually built.
• LicencesThe building licences, the occupation licence and any planning infringements at the town hall.
• DebtsIBI, the rubbish collection tax and community fees, some of which can follow the property to the new owner.
• The communityThe community rules, any planned works and the minutes of recent meetings.
• Special casesRustic land, the coastal law, tourist letting and, on a new build, the guarantees for each payment.

WhenBefore the deposit

The checks are done before the contrato de arras is signed. With arras penitenciales, a buyer who withdraws loses the deposit and a seller who withdraws returns it doubled, so finding a problem afterwards is costly. An updated nota simple is requested again just before completion.

The state of the building, the boundaries and the measurements are a technical matter. For a villa we always advise an inspection by an architect. We can put you in touch with Sergio Tomás Arquitectos in Jávea, an architect we usually work with, or you can instruct one of your own choice.

Frequently asked questions

Can debts of the seller pass to me?

Some can, such as unpaid IBI or community fees for a limited period. That is why we check them and arrange for them to be paid at completion.

Do I have to come to Spain?

No. Apart from the NIE, which is applied for in person, the whole purchase can be done by power of attorney.

How we work

From our office in Jávea and the associated office in Dénia we work across the northern Costa Blanca: Jávea, Dénia, Moraira, Teulada, Benitachell, Benissa, Calpe and Altea. See also the conveyancing process in Spain and the nota simple.

Tomas Ballestero Lawyers has advised international clients on Spanish property for more than 30 years. We work in English, French and Spanish.

The lawyers who will handle your matter

José Manuel Tomas

Property, Inheritance and Donations · Admitted to the Valencia Bar in 1992 (no. 6407) · Alicante Bar no. 9382

José Rico

Family Law · Valencia Bar no. 12075

Mariano Ortuño

Valencia Bar no. 6041

Manuel Lopez de Andujar

Property, Inheritance and Donations · Valencia Bar no. 7773

Juan Poch

Property, Inheritance and Donations · Alicante Bar no. 3607

Rubén Bolufer Martínez

Legal Assistant

María Salvá

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3699

Antonio Rodríguez de Sola

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3374

Selling a property? See selling a property in Spain as a non-resident.

How we meetIn person in Jávea, or 100% remote

In person in JáveaMeet us at our office in the Centro Comercial Arenal, Avenida del Pla 126. Meetings in English, French or Spanish.

100% remote, from homeMost of our clients never need to travel. We work by email, phone, WhatsApp and video call, and you sign through a power of attorney. Only the NIE has to be applied for in person, in Spain or at a Spanish consulate.

How much do you charge?

Every case is different, so before any work starts we send you a written quote. You know our fee from the beginning, with no surprises at the end.

Next stepWhat happens when you contact us

1. You send your enquiryThrough the form below, by phone, WhatsApp or email. A few lines are enough.
2. A lawyer reads itNot an assistant: one of our lawyers reviews your situation and replies personally, the same day.
3. We tell you the next stepWhat needs to be checked first, and which documents would help.
4. We confirm scope and feeIn writing, before any work starts.
5. You decideNothing is commissioned until you say yes.

This page is general information about Spanish law and does not constitute legal advice. Every case is different and you should take advice on your own circumstances before acting.