Expert guidance on property debts spain buyers from Tomas Ballestero Lawyers — with over 20 years of experience helping foreign nationals navigate the Spanish legal system from our office in Jávea, Costa Blanca.
Property debts in Spain are one of the most dangerous pitfalls for foreign buyers. Under Spanish law, certain debts are attached to the property itself rather than to the owner, meaning the buyer can inherit debts they never incurred.
Debts That Follow the Property
Several types of debts are considered real charges attached to the property:
- Mortgages: Registered at the Land Registry, they encumber the property regardless of ownership
- Community of owners debts: The buyer is liable for the current year plus three years of unpaid fees
- Unpaid IBI (property tax): The council can pursue the new owner for outstanding amounts
- Utility debts: Water and electricity companies may refuse to transfer contracts until arrears are cleared
How to Detect Debts Before Buying
A thorough legal due diligence before purchase is essential. Your lawyer should obtain an up-to-date nota simple from the Land Registry, a certificate from the community of owners confirming no debts, proof of IBI payment, latest utility bills, and check for any pending judicial actions against the property.
Bank Repossession Properties: Extra Caution
Properties sold after bank repossession (ejecucion hipotecaria) can harbour additional debts not cleared by the repossession process: prior charges, accumulated community fees, and unpaid municipal taxes may all survive and become the buyer’s responsibility.
Contractual Protection
An experienced lawyer includes protective clauses in the deposit contract requiring the seller to provide all debt certificates before completion, with the right to withdraw and recover the deposit if undisclosed debts are discovered.
We Check Everything Before You Buy
Our firm conducts systematic debt checks for every property purchase. Over 30 years protecting foreign buyers on the Costa Blanca.
Contact us: +34 965 792 946 · [email protected] · Conveyancing lawyer Spain
We pride ourselves on delivering a thorough and transparent conveyancing service that gives our clients complete peace of mind. Our attention to detail and proactive approach to problem-solving have helped hundreds of international buyers successfully purchase property in Spain.
We pride ourselves on delivering thorough and transparent conveyancing services. Our attention to detail and proactive approach to problem-solving have helped hundreds of international buyers successfully purchase property in Spain.
Besoin de conseils juridiques immobiliers en Espagne ? Contactez nos Property Lawyers pour une assistance juridique experte sur la Costa Blanca.
Why You Need a Property Lawyer in Costa Blanca
Purchasing property in Spain involves a complex legal process that differs significantly from buying property in the UK or other European countries. Having an independent lawyer who represents your interests exclusively is essential to ensure a safe and successful transaction.
Our firm conducts thorough due diligence on every property transaction, including verification at the Land Registry, checking for outstanding debts or charges, reviewing planning permissions, and ensuring all building licences are in order. We guide you through every step from the initial reservation contract to the signing at the notary.
Protecting Your Investment
We review all contractual documentation, negotiate terms on your behalf, and ensure that deposits are properly protected. Our team also assists with the arrangement of NIE numbers, bank account opening, and connection of utilities. With over 30 years of experience in Costa Blanca, we have the local knowledge needed to protect your investment.
