Before you sign anything, or hand over a deposit, these are the twelve questions that need a proper answer. Most of them come down to one thing: making sure the property is exactly what the seller says it is, on paper as well as in person.
1. Does the seller really own the property?
Request a nota simple from the Land Registry and check that the name on it matches the seller's ID exactly. It sounds obvious, but inherited properties, divorces and old family arrangements often leave the registry showing someone other than the person sitting across the table from you.
2. Are there any charges, loans or seizures on the property?
The same nota simple shows any cargas: an outstanding mortgage, a lien from unpaid debts, or an embargo from a court case. Any of these need to be cancelled or accounted for in the price before completion, otherwise you inherit the problem along with the property.
3. Are there any leases or occupants currently in the property?
A registered tenancy does not simply end because the property is sold. If someone is living there under a valid rental contract, their rights generally continue against the new owner, so it matters who is actually inside the property and under what arrangement.
4. Is the property subject to any special protection regime?
Some properties, particularly VPO (vivienda de protección oficial) housing, come with resale price caps, minimum ownership periods, or a right of first refusal in favour of the local administration. These restrictions survive the sale and can catch buyers out if nobody checks for them beforehand.
5. Is the property part of a community of owners, and are the fees up to date?
If it is, ask the community administrator for a certificate confirming the current owner has no outstanding fees. Under Spanish law, a portion of unpaid community charges (currently up to the last three months plus the running year) can pass to the new owner, so this certificate should be part of any purchase.
6. Are there any receipts for IBI or other taxes pending payment?
IBI (the local property tax) can also carry liability forward to a new owner if it was left unpaid, so ask for proof that recent receipts have been settled before you complete.
7. What is the insurance and physical condition of the property?
An architectural report or survey to detect structural damage and hidden defects is worth commissioning before you commit, particularly on older properties. It is far cheaper to find a problem before signing than to discover it afterwards.
8. Does the home have a CEE (Energy Efficiency Certificate)?
This certificate is a legal requirement for the sale to go ahead, and the notary can refuse to authorise the deed without it. If the seller does not have one, it needs to be obtained before completion.
9. Are there any lawsuits affecting the property?
The Land Registry entry can show a preventive annotation (anotación preventiva) when a property is caught up in litigation, such as an inheritance dispute or a claim over ownership. This is worth checking alongside the nota simple, since an active claim can affect your ability to register the purchase cleanly.
10. Does the property have a habitability certificate?
The cédula de habitabilidad, required in many regions, confirms the property meets minimum conditions for use as a home and is generally needed to connect or transfer utilities. Its absence does not always block a sale, but it can complicate one.
11. Does the property meet the requirements of the urban planning rules?
Illegal extensions, conversions or built areas that were never declared can prevent the property from being properly registered, and in some cases expose the owner to a future demolition order. This is one of the more common surprises in rural and older properties, so it is worth confirming what is actually authorised against what has actually been built.
12. Does the information at the Catastro match the Land Registry?
These are two separate official records, and they do not always agree on the surface area or boundaries of a property. A mismatch will not necessarily stop a sale, but it is best resolved before signing rather than discovered afterwards, since it can complicate financing or a future resale.
None of these checks are exotic, but skipping any one of them is how buyers end up with an unwelcome surprise after completion. A lawyer running through this list before you commit to a purchase is, in practice, most of what conveyancing due diligence in Spain actually is.
