Legal due diligence on property in Spain: 12 essential points

Legal due diligence on property in Spain must answer not only ‘who owns it?’ but also ‘can this particular property be safely bought and used in the way you intend?’ Below are 12 outcomes the buyer should obtain before making a non-refundable payment.

Sources checked on 23 October 2026. The list is adapted to the region, property type and parties to the transaction.

1–3. The register, owner and property boundaries

1. Identification of the finca. The address, CRU/IDUFIR, area and appurtenances must match the contract and inspection.
2. Ownership and authority. All owners, the matrimonial property regime, inheritance, company or power of attorney are checked.
3. Rights and encumbrances. A mortgage, attachment, easement, usufruct or prohibition requires a clear solution before the transaction.

An official Nota Simple contains identification of the finca, registered rights holders and current rights and restrictions, but is informational. Source: Registradores de España.

4–6. The cadastre, municipality and actual condition

4. Comparison with Catastro. A discrepancy in area or use is not corrected by the mere fact of a sale.
5. Planning status. Licences, infringements, restrictions on the plot and the legality of significant works are checked.
6. Technical inspection. Damp, cracks, building services and common elements are assessed by a relevant specialist, not only a lawyer.

The Registro de la Propiedad, Catastro and municipal information serve different functions; a match in one source does not confirm the others. The official government portal recommends checking the property's characteristics, owner and encumbrances before purchase: the home purchase guide.

7–9. Debts, comunidad and use

7. IBI and local charges. Up-to-date confirmations are requested and the allocation of liabilities is checked.
8. Comunidad. A certificate of outstanding debts, minutes, budget and information on derramas and litigation are needed.
9. Actual possession. Tenants, registered contracts and the terms for vacating the property are checked.

For tourist letting, separately check regional and municipal rules, comunidad restrictions and whether registration can be transferred. The words ‘has a licence’ in a listing are not enough.

10–12. Contract, money and completion

10. Contract before payment. The price, deadlines, checks, financing, included items and consequences of breach must be recorded.
11. Taxes and payments. The tax treatment, taxable base, payment recipients and source of bank details are confirmed.
12. Completion and registration. Notarial documents, removal of encumbrances, key handover, tax filing and checks on registration are agreed.

The notary ensures the legality of the transaction being notarised and explains the document, but does not replace the buyer's independent preliminary due diligence. The notaries' council recommends seeking advice before taking action: official information on buying a home.

What the due diligence outcome should look like

Ask not for a collection of forwarded PDFs but for a written opinion: which sources were checked, as of what date, what matched, which risks were found, which documents are missing and which conditions need to be included in the contract. A red flag is pressure to pay a reservation fee before receiving documents, or using a professional who represents the seller without clear disclosure of the conflict of interest.

You can start gathering documents with the Nota Simple explanation and the viewing checklist.

Outcome matrix: confirmed, conditional, not checked

For each of the 12 points, the lawyer must state the source, date and conclusion. ‘Document received’ does not mean ‘no problems’: the extract must be compared with the contract, the cadastre with the actual layout, and the comunidad certificate with the minutes and approved derramas. A document not received remains a risk; an approaching signing deadline does not turn it into confirmation.

What to check separately for an apartment, house and new build

• Apartment: comunidad statutes and resolutions, common elements, separate fincas for the garage and storage room, and restrictions on use.
• Detached house: plot boundaries, access, water supply and drainage, the pool, extensions and the condition of building services.
• New build: the developer's authority, permissions, specification, security for advance payments, deadlines and handover documents.

How to resolve issues before the transaction

For an issue that can be remedied, record the action, responsible party, deadline and document proving the outcome. If resolution is deferred until after the transaction, the contract must describe a retention, guarantee or other agreed protection. A discount does not, in itself, legalise an extension, remove an attachment or eliminate a structural defect.

The final report should answer not just ‘can we sign?’ but also ‘on what conditions?’ Attach a list of documents used, outstanding issues and deadlines. Any change to the draft contract after review requires a fresh comparison.

Checking funds and parties

Establish each party's bank details, the representatives' authority and the origin of payment instructions. Confirm any account change through an independent channel: an email with new bank details may be fraudulent. Compare the reservation payment, deposit, price balance and retentions with the contract. If the seller is a company, heirs or several co-owners, check the required authorities and signatures before scheduling the transaction.

Also check the authority of the interpreter and representative if the buyer is not signing in person. The power of attorney must cover the specific actions, price limit, payments and receipt of documents; overly general wording requires a separate assessment. Before releasing funds, confirm the account details through a known contact and do not use instructions from an unexpected email.

If several people are buying the property, agree their shares, payment arrangements and representation in advance. Check who is entitled to receive notices and originals. A discrepancy between the actual payer, future owner and signatory requires an explanation before funds are transferred. The opinion should also list matters outside the lawyer's expertise that require an architect, engineer or tax specialist.