Buying property in Spain may seem straightforward: find a property you like, agree on a price, sign a contrato de arras, and complete the purchase before a notary. In reality, some of the most important work happens before you sign anything or transfer a significant amount of money — particularly when buying a resale property, a house with land, a villa, a recently renovated property, or a property with extensions, a swimming pool or other additional structures.

The most expensive mistake a buyer can make often does not happen at the notary's office. It happens earlier, when the buyer decides to purchase a property that has not been properly checked. The basic principle is simple: check first, commit later.

This guide explains what you should check before buying property in Spain, what documents matter, which risks deserve particular attention, and when an independent technical inspection can make a real difference.

In short: what should you check before buying property in Spain?

If the entire due diligence process is reduced to a few questions, I would divide it into four main areas — plus one that's easy to overlook:

  1. Legal — Who owns the property, and are there mortgages, embargoes, charges or other legal restrictions?
  2. Planning and urban status — Is the property that physically exists actually legal and properly authorised?
  3. Technical — What condition are the property, building, installations, land and additional structures really in?
  4. Financial — How much will the purchase actually cost, and what expenses or liabilities could arise afterwards?
  5. Who has the right to use the property? — You need to understand not only who owns the property, but also who has the right to occupy or use it. This becomes particularly important if the property is rented, occupied by third parties, or is supposed to be delivered vacant at completion.

Only when these questions have reasonably clear answers should you consider making a financial commitment through a contrato de arras.

1. Get your NIE and other practical prerequisites in place

Before you can sign almost anything in Spain — a contrato de arras, a mortgage application, the Escritura Pública — you will generally need a NIE (Número de Identificación de Extranjero). The NIE is not a minor formality: it is what identifies you to the Spanish tax authorities, the Land Registry, the notary and your bank.

You can usually apply for it:

  • at a Spanish consulate in your home country, before travelling;
  • at the Oficina de Extranjeros or a designated police station in Spain, once you are there;
  • through a lawyer or gestor acting on your behalf under a power of attorney.

Processing times vary, and appointments can be booked out weeks in advance in high-demand areas. I would apply for the NIE as early as possible — ideally before you are under any time pressure to sign an arras — rather than treating it as something to arrange later.

Open a Spanish bank account, and plan for fund transfers and source-of-funds checks

Alongside the NIE, it is generally worth opening a Spanish bank account, since taxes, notary fees and ongoing charges (IBI, Comunidad fees, utilities) are usually paid from a Spanish account rather than from abroad.

You should also plan ahead for how you will move money into Spain. Spanish banks and notaries are subject to anti-money-laundering obligations, and in practice this means they will ask where your purchase funds come from — not only at the bank, but sometimes at the notary's office as well. Depending on your situation, you may be asked to show:

  • the source of the funds (savings, sale of another property, inheritance, gift, business income);
  • bank statements covering a period before the transaction;
  • documentation for large transfers between countries;
  • an explanation if funds arrive from an account that is not in your own name.

This is standard practice, not a reflection on any individual buyer. But it can take time to gather the right documents, particularly if funds are coming from more than one source or more than one country. I would start collecting this documentation early, rather than a few days before completion, since delays here can affect the completion date agreed in the arras.

None of this replaces the checks described later in this guide. But without it in place, you may not be able to act quickly once those checks are complete.

2. Calculate the real cost of buying the property

Do not calculate your budget based only on the advertised purchase price. Depending on the transaction, you may also need to budget for:

  • taxes;
  • notary fees;
  • Land Registry fees;
  • gestoría;
  • legal advice;
  • mortgage-related costs;
  • technical inspections;
  • insurance;
  • renovation;
  • furniture and equipment;
  • ongoing maintenance;
  • community fees;
  • extraordinary community charges (derramas).

The tax treatment depends on the type of transaction. For a resale property, the relevant tax will generally be ITP (Impuesto sobre Transmisiones Patrimoniales). Certain purchases of new properties may instead be subject to IVA (VAT) and, depending on the circumstances, AJD (Actos Jurídicos Documentados). The applicable tax rules and rates can also depend on the autonomous community where the property is located — for this reason, a simple rule such as "add another 10%" can be misleading.

A better approach is to calculate:

purchase price + taxes + transaction costs + initial works + a contingency reserve.

If you are financing part of the purchase with a mortgage, it is also worth knowing that Spanish banks generally offer a lower loan-to-value ratio to non-residents — commonly in the region of 60–70% — than to residents, who may be offered 80% or more. This affects how much cash you will actually need available, not just the total budget.

The important figure is therefore not simply how much does the property cost?

but

how much will the entire purchase actually cost me?

3. Build your own independent team — and choose it yourself

Several different professionals may be involved in a Spanish property purchase, and it matters who each of them actually works for.

  • A lawyer (abogado) should represent your interests specifically — not the seller's and not the estate agent's.
  • A notary (Notario) has an important role, but is a public official who formalises the transaction rather than your personal legal adviser (see point 23).
  • An independent technical inspector, architect or engineer assesses the physical condition of the property.
  • A gestor may help with administrative and tax formalities.

It is common — and not necessarily wrong — for an estate agent to recommend a lawyer they work with regularly. But that lawyer's ongoing relationship is often with the agent or the seller, not with you.

I would choose my own lawyer, independently, and confirm in writing who they represent in the transaction. The same applies to the technical inspector: someone selected and paid by you, reporting only to you, tends to give a more genuinely independent opinion than someone suggested by the seller. This is not about assuming bad faith — it is about making sure the person advising you has no reason to prioritise anyone else's interests over yours.

4. Do not rush to sign the contrato de arras

This is one of the most important points in the entire buying process. A buyer may sometimes hear:

  • "There are other interested buyers."
  • "If you do not sign today, the property may be gone tomorrow."
  • "Sign the arras first and we will provide the documents afterwards."

I would be very cautious about this approach. Yes, a good property may genuinely be sold to another buyer — but buying a property with a problem simply because you were afraid of losing it can be a much more expensive mistake. A beautiful property can disappear from the market. Money paid under a poorly structured agreement can be much harder to recover.

A contrato de arras is not simply a reservation form — its terms can determine what happens if the transaction does not go ahead. Before signing, you should understand:

  • what type of arras is being used;
  • how much money you are paying;
  • the completion deadline;
  • what happens if the buyer withdraws;
  • what happens if the seller withdraws;
  • whether the purchase depends on obtaining a mortgage;
  • which documents the seller must provide;
  • whether the property must be delivered vacant;
  • what is included in the sale;
  • how existing debts or charges will be dealt with;
  • any special conditions attached to the transaction.

If you do not understand an important clause, obtain professional advice before signing, not afterwards.

5. Check who actually owns the property

The first question seems obvious — who is the legal owner? — but the answer should not come only from the seller or estate agent. One of the key sources of information is the Registro de la Propiedad, particularly the Nota Simple. A Nota Simple provides information about the registered owner or owners, the registered description of the property and registered rights and restrictions, which may include mortgages, embargos and other cargas.

Particular care is required when:

  • the seller is not the registered owner;
  • the seller is acting under a power of attorney;
  • there are several owners;
  • the property was inherited;
  • one of the owners has died;
  • the owner is a company;
  • an inheritance or other legal procedure is still incomplete.

None of these situations automatically means that the property cannot be purchased. It simply means that the transaction requires closer legal verification.

6. Check the Nota Simple — and understand its limitations

The Nota Simple is one of the first documents a buyer should obtain — but ordering it is not enough. You need to understand what it actually says. Check:

  • the registered owner;
  • the property description;
  • registered surface area;
  • registered use;
  • mortgages;
  • embargos;
  • other cargas;
  • restrictions;
  • registered rights affecting the property.

There is also an important distinction to understand: the Nota Simple is informational and does not itself certify the contents of the Land Registry records. Where formal proof of the registered status is required, a certificación registral has a different legal function because it is a public document issued by the Registrar.

It is also important to remember that the information reflects the registry situation at the time it was issued — the legal situation can potentially change afterwards. For a transaction approaching completion, relying on a Nota Simple obtained many months earlier is therefore not a sensible approach. The Spanish Land Registry also provides mechanisms for more continuously updated information in certain circumstances.

7. Compare Registro, Escritura, Catastro and the property itself

This is where some of the most important questions often appear. Imagine that you are looking at a house advertised as having:

  • 200 m²;
  • a garage;
  • a basement;
  • a swimming pool;
  • an enclosed terrace;
  • an additional room;
  • a separate storage building.

The fact that these elements physically exist does not automatically mean that they are all reflected in exactly the same way in the official documentation. A proper review should therefore compare:

Registro de la Propiedad → Escritura → Catastro → actual physical condition.

Each source serves a different purpose:

  • The Registro de la Propiedad deals with registered ownership, rights and charges.
  • The Escritura Pública contains the legal documentation relating to ownership and the relevant transaction.
  • The Catastro is an administrative property register containing information including location, cadastral surface, use, construction characteristics and graphical information. The Certificación Catastral Descriptiva y Gráfica provides certified cadastral descriptive and graphical information for the property.
  • And then there is the most obvious source of all: the property that actually exists on the ground.

These sources should make sense together. Pay particular attention to:

  • enclosed terraces;
  • extensions;
  • additional floors;
  • basements;
  • garages;
  • swimming pools;
  • separate buildings;
  • converted rooms;
  • changes of use;
  • alterations to the original layout.

A room can physically exist without having the legal, cadastral or planning status that a buyer might assume.

8. Check the urban-planning status

For a standard apartment in a residential building, the situation may be relatively straightforward. For a house or villa with land, it can be much more complicated. Particular attention is required if the property has:

  • a swimming pool;
  • an extension;
  • a garage;
  • a separate storage or utility building;
  • a terrace;
  • an additional floor;
  • a reconstructed section of the property;
  • alterations to the original layout.

Depending on the property and municipality, it may be necessary to obtain information from the relevant Ayuntamiento and review planning permissions, licences or other applicable documentation. The key question is:

Does the property that physically exists correspond to what was legally authorised?

This becomes particularly important if you intend to:

  • renovate;
  • extend the building;
  • construct additional structures;
  • enclose a terrace;
  • change the use of a room;
  • use the property for a commercial or investment purpose.

A property that looks perfectly normal today may still contain planning issues that become important when you try to modify it or sell it later.

9. Check the Energy Performance Certificate and occupancy documentation

Two further documents are easy to overlook, but both have practical consequences.

Certificado de Eficiencia Energética (Energy Performance Certificate)

Spanish law requires a valid energy performance certificate before a property can legally be sold or advertised for sale. It rates the property's energy efficiency and is normally arranged and paid for by the seller. Check that:

  • a valid certificate exists;
  • it has not expired (these certificates have a limited period of validity);
  • it genuinely corresponds to the property being sold, including any extensions.

If the certificate is missing, that is worth raising directly with the seller or agent rather than assuming it will simply appear later.

Cédula de Habitabilidad / Licencia de Primera Ocupación

Depending on the autonomous community and the age of the property, you may also need to check for a habitability certificate or first occupation licence. These documents confirm that a dwelling meets the conditions required to be legally occupied, and can also be required to connect or transfer utilities.

Requirements vary significantly by region, and not every autonomous community requires the same document in the same way. Where relevant, this is worth confirming with the Ayuntamiento or your lawyer rather than assuming it is unnecessary.

10. If you are buying a house or villa, check the land boundaries

For an apartment, most of the attention is focused on the private unit and the common parts of the building. For a house or villa, there is another major asset to investigate: the land itself.

Do not automatically assume that the fence you see on site is the legal boundary of the property. Where relevant, compare:

  • cadastral boundaries;
  • Land Registry information;
  • physical boundaries;
  • fences and walls;
  • access routes;
  • roads;
  • easements (servidumbres);
  • access to utilities.

The Catastro provides cadastral information and, in the appropriate certified documentation, georeferenced graphical information for the parcel. This is particularly important for properties on slopes or large and irregular plots. Potential issues may include:

  • retaining walls;
  • drainage;
  • rainwater management;
  • ground movement;
  • access;
  • water supply;
  • swimming pools;
  • separate structures;
  • boundary walls.

A retaining wall may look perfectly normal in a photograph, but a technical professional may notice cracks, deformation, drainage problems or signs of ground movement that an ordinary buyer would never consider.

11. Check the Comunidad de Propietarios

If you are buying an apartment, checking the apartment itself is only half the job — you should also investigate the building and its Comunidad de Propietarios. Ideally, review:

  • the certificado de estar al corriente de pago;
  • the current community fee (cuota);
  • recent meeting minutes;
  • existing and planned derramas;
  • major completed works;
  • planned maintenance;
  • significant building problems.

Pay particular attention to discussions concerning:

  • the façade;
  • the roof;
  • the lift;
  • electrical systems;
  • plumbing;
  • waterproofing;
  • structural elements.

A buyer may spend weeks negotiating a few thousand euros off the purchase price and then discover that the community is planning a major derrama. The condition of the building can be just as important as the condition of the apartment.

There is also an important legal reason to take community debts seriously. Under the Ley de Propiedad Horizontal, the property itself can be liable for certain community debts attributable to previous owners, within the statutory limits. The current rule covers the unpaid portion of the year in which the purchase takes place and the three preceding calendar years. The law also requires the seller to declare the community debt situation and generally provide a certificate of outstanding community debts when the property is transferred publicly, unless the buyer expressly waives that requirement. This is therefore not just an administrative formality.

12. Check IBI and other outstanding payments

Before completion, establish whether there are outstanding amounts associated with the property. Depending on the circumstances, these may include:

  • IBI;
  • Comunidad fees;
  • water;
  • electricity;
  • gas;
  • other property-related charges.

It is better to see appropriate evidence than simply hearing "Everything has been paid." Different types of debt can have different legal consequences, and if an outstanding amount is discovered, do not simply agree verbally that the seller will "take care of it." Establish who is responsible, what amount is outstanding, when it will be paid, and how the matter will be dealt with in the transaction documents.

13. Find out who has the right to use the property

This point is often overlooked when buyers focus on ownership — knowing who owns the property is not enough. You also need to understand: who has the right to occupy or use it?

Before buying, establish:

  • whether the property is vacant;
  • who is currently living there;
  • whether there is an existing rental agreement;
  • whether anyone else has a right of use;
  • whether the seller will deliver the property vacant at completion.

If the property is rented, review the tenancy agreement and obtain appropriate legal advice about the tenant's rights and the effect of the purchase. If the property is occupied by third parties, do not simply assume that becoming the owner means that they must immediately leave — legal ownership and the right to use a property are not always the same thing.

14. Check the technical condition of the property

This is one of the most underestimated parts of buying property in Spain. A property can be legally registered and still have significant technical problems.

A legal and Land Registry review answers one set of questions;

a technical inspection answers another: what condition is the property I am buying actually in?

An ordinary viewing can show you:

  • walls;
  • floors;
  • ceilings;
  • windows;
  • kitchen;
  • bathrooms;
  • furniture;
  • decoration;
  • visible defects.

But it may not reveal what is happening:

  • behind walls;
  • beneath floors;
  • inside installations;
  • behind new finishes;
  • around waterproofing;
  • in electrical systems;
  • in ventilation systems;
  • in drainage;
  • on the roof;
  • around foundations;
  • in retaining structures.

This is why an independent technical inspection can be particularly valuable when buying a resale property.

15. What can a technical inspection reveal?

Depending on the type of property, a technical inspection may consider:

  • structural elements;
  • façades;
  • roof;
  • windows;
  • damp and humidity;
  • leaks;
  • mould;
  • ventilation;
  • electrical installation;
  • protective devices;
  • earthing;
  • water supply;
  • drainage;
  • heating;
  • gas equipment;
  • air-conditioning systems;
  • swimming pool;
  • drainage around the property;
  • retaining walls;
  • external areas;
  • visible signs of ground movement.

The exact scope depends on the property and the professional carrying out the inspection.

There are also important limitations: without opening walls, floors or other concealed structures, nobody can see absolutely everything. A good technical report should therefore not create the illusion that it can guarantee the absence of every hidden defect — its purpose is to identify visible and accessible signs of problems, assess their significance and determine whether further investigation is necessary.

A useful report should help answer:

  • What was found?
  • How serious is it?
  • What may have caused it?
  • What should be done?
  • Is further investigation required?
  • What costs could potentially arise?

16. What a real inspection can reveal

One of the most useful lessons from real property inspections is that the most important problem is not always inside the room you are buying. In one recent inspection, the apartment itself appeared to be in generally good technical condition, with no obvious major structural problems and no significant visible signs of water penetration inside the apartment. However, when the inspection extended to the building's common technical systems, questions arose concerning the condition of electrical equipment and the building's earthing system — issues that were not obvious during a normal viewing.

This illustrates the difference between looking at a property as a buyer and examining it as a technical professional. The buyer sees good renovation, attractive rooms and a property that looks ready to live in. The specialist asks: what could become a problem after the purchase? That is a very different perspective.

17. Be especially careful with recently renovated properties

This may sound counterintuitive. A buyer sees a new renovation and thinks, "Everything is new, so there is less to check." I would not make that assumption — a recent renovation can be a major advantage, but it can also mean that older structures and installations are now hidden behind new finishes.

Try to establish:

  • what was renovated;
  • when the work was carried out;
  • who carried it out;
  • what materials were used;
  • whether licences or other permissions were required;
  • whether documentation exists;
  • whether invoices are available;
  • whether the engineering systems were replaced.

New tiles do not necessarily mean new waterproofing. Fresh paint does not necessarily mean there are no cracks underneath. A new kitchen does not necessarily mean that the plumbing and drainage systems were replaced.

A recent renovation is therefore not a substitute for a technical inspection.

18. Houses and villas require a broader inspection

With an apartment, the inspection focuses mainly on the private unit and the common areas. With a house or villa, the inspection extends across the entire property, and may include:

  • the building itself;
  • roof;
  • façades;
  • terraces;
  • land;
  • swimming pool;
  • retaining walls;
  • drainage;
  • external utilities;
  • garage;
  • outbuildings;
  • boundaries;
  • access;
  • surrounding ground.

Properties built on slopes deserve particular attention. Water management and soil conditions can become extremely important over time — poor drainage, for example, can contribute to:

  • damp;
  • damage to finishes;
  • deterioration of retaining walls;
  • problems around foundations;
  • ground movement.

A house with a beautiful view and a swimming pool may therefore require a much more extensive inspection than an ordinary apartment.

19. Which documents should you check?

No single document tells you everything about a property — the best approach is to compare several sources.

Document / information What it helps you check
Nota Simple Registered owner, property description, registered rights and cargas
Registro de la Propiedad Registered ownership, rights and legal charges
Escritura Pública Legal documentation relating to ownership and the transaction
Catastro Cadastral information, surface, use, construction data and graphical information
Certificación Catastral Descriptiva y Gráfica Certified cadastral descriptive and graphical information
Certificado de Eficiencia Energética Legally required energy rating; confirms a valid, current certificate exists
Cédula de Habitabilidad / Licencia de Primera Ocupación Confirms the dwelling can be legally occupied and connected to utilities, where required
Comunidad documents Community fees, debts, derramas and planned works
IBI records Property tax payment status
Urbanismo documents Planning status and relevant licences or permissions
Rental agreement, if applicable Tenant rights and conditions of occupation
Technical inspection report Physical condition and technical risks
Certificates and renovation documents Information about works, alterations and installations

The objective is not to collect as many documents as possible — it is to make sure that the documents create a coherent picture of the property that actually exists.

20. What if you discover a discrepancy?

A discrepancy between the documents and the physical property does not automatically mean that you should walk away — but it should never simply be ignored.

The Catastro shows a different surface area

First find out why. There may be legitimate reasons for differences between different measurements or registers, but a significant discrepancy can also indicate that something requires further investigation.

The actual built area is larger than the registered area

Find out:

  • when the additional construction was created;
  • how it was created;
  • whether it appears in the relevant documentation;
  • what its planning status is.

There is a swimming pool that is not clearly documented

Do not assume that the pool is automatically legal simply because it has existed for many years — its status should be checked.

A terrace has been enclosed

Establish how the alteration was carried out and whether the relevant planning and community requirements were met.

There is an existing derrama

Find out:

  • what work is being carried out;
  • how much it is expected to cost;
  • how the cost is distributed;
  • who is responsible for payment;
  • whether the charge has already been approved;
  • how the matter will be dealt with in the purchase contract.

There is a tenant

Review the tenancy agreement and establish the tenant's legal position and the conditions under which the property can be delivered to the buyer.

The key rule is simple: do not try to explain a discrepancy by guessing. Identify the cause, understand the consequences and only then decide whether to proceed.

21. Only after the main checks — sign the contrato de arras

Once the main questions have been answered, you can move to the contractual stage. Before signing the contrato de arras, check:

  • the type of arras;
  • the amount;
  • payment method;
  • deadlines;
  • conditions for withdrawal;
  • consequences for the buyer;
  • consequences for the seller;
  • mortgage conditions;
  • required documentation;
  • physical condition of the property;
  • delivery conditions;
  • tenants or other occupants;
  • what is included in the sale;
  • existing debts;
  • derramas;
  • completion date;
  • special conditions.

Particular attention should be paid to arras penitenciales and the consequences established by the contract — do not assume that every agreement called "arras" has exactly the same legal effect. If the purchase depends on obtaining a mortgage, this should also be properly addressed in the contract rather than left to an informal understanding.

The principle is simple: the arras should be the result of your due diligence, not a substitute for it.

22. If you cannot attend in person, or do not speak Spanish

Two practical situations come up often enough to mention separately.

You cannot be in Spain for completion

A power of attorney (poder notarial), granted to your lawyer or another trusted representative, allows someone to sign the Escritura Pública on your behalf. This needs to be arranged — and, if granted outside Spain, often legalised or apostilled — well before completion, not the week before.

You do not understand Spanish well enough to follow the Escritura

Spanish notarial practice generally requires that a party who does not understand Spanish has the document properly explained to them, which in practice usually means a sworn or officially recognised interpreter, or a bilingual notary, present at signing. I would not rely on an informal translation from the other side's representative for a document of this importance.

Neither of these points is a legal risk in itself — but sorted out too late, either one can delay or complicate completion.

23. The notary does not replace your due diligence

The next major stage is completing the purchase before a Notario — but it is important to understand the different roles involved. The notarial process is part of the formal legal completion of the transaction:

  • A lawyer examines legal and contractual risks.
  • An architect or engineer may assess technical and construction issues.
  • An independent technical inspector examines the physical condition of the property.

They answer different questions. The notary does not replace a technical inspection, and a technical inspection does not replace legal due diligence. Each serves a different purpose.

24. Taxes and transaction costs

Once the exact structure of the transaction is known, calculate the applicable taxes and costs. For a resale property, this will generally involve ITP; for certain purchases of new properties, IVA may apply and AJD may also be relevant. The exact rules depend on the type of transaction, the characteristics of the property and the autonomous community where it is located.

Other costs may include:

  • notary;
  • Land Registry;
  • gestoría;
  • legal advice;
  • mortgage-related expenses;
  • technical inspection;
  • insurance;
  • renovation.

You may also come across reports of a proposed additional tax — of up to 100% of the purchase price — targeting purchases by non-EU, non-resident buyers, first announced by the Spanish government in January 2025. As of the most recent review of this guide, this remains a legislative proposal: it has not been passed into law and is not currently payable. If you are a non-EU, non-resident buyer, I would ask your lawyer to confirm the current status of this proposal specifically before relying on anything you have read about it online, since this is the kind of measure that can change and is easy to find outdated commentary about.

Do not rely on a generic percentage copied from another property purchase — calculate the actual costs of your transaction.

25. After completion: registration and practical transfers

Signing the Escritura Pública does not necessarily mean that all the practical work is finished. Depending on the transaction, you will need to deal with:

  • applicable taxes;
  • registration with the Registro de la Propiedad;
  • electricity;
  • water;
  • gas;
  • internet;
  • insurance;
  • Comunidad;
  • IBI;
  • bank payments;
  • correspondence address.

If you are not a tax resident in Spain, bear in mind that owning a property here generally creates an ongoing annual tax obligation, even if you never rent it out — commonly referred to as the non-resident imputed income tax return (Modelo 210). This is separate from IBI and from any Comunidad fees, and it is easy for non-resident owners to overlook, particularly in the first year after completion. I would ask your gestor or lawyer to confirm your specific filing obligations rather than assume that paying IBI is enough.

Keep the complete purchase file in digital form. At a minimum, I would keep copies of:

  • Escritura;
  • Nota Simple;
  • Catastro documents;
  • tax documents;
  • Comunidad documentation;
  • technical reports;
  • certificates;
  • documents relating to renovation or alterations;
  • invoices;
  • contracts;
  • important correspondence.

These documents may become extremely useful years later — for example, when selling the property, carrying out renovations, making an insurance claim or dealing with a legal issue.

Red Flags for Property Buyers

There are situations where I would not necessarily walk away from a purchase, but I would certainly stop and investigate further:

  • The seller is pressuring you to sign the arras immediately.
  • Important documents will only be provided "later."
  • The actual surface area is significantly different from the documentation.
  • There is an enclosed terrace or extension with an unclear legal status.
  • There is a swimming pool or separate building without clear documentation.
  • A recently renovated property has no clear explanation of what was actually renovated.
  • The seller refuses access to an independent technical professional.
  • No valid Energy Performance Certificate is available for the property.
  • The seller or agent insists you use "their" lawyer instead of choosing your own.
  • The Comunidad is discussing major works or derramas.
  • There are questions concerning a mortgage, embargo or other charges.
  • The property is occupied by a tenant or another person and the legal situation is unclear.
  • The boundaries of the land are unclear or appear to differ from the documentation.
  • There are retaining walls, swimming pools or additional structures on the land whose status is unclear.

None of these points automatically means "do not buy." But each one means: stop, investigate and understand the risk before your money becomes difficult to recover.

Checklist Before Signing the Arras

Before signing, I would want to be able to answer "yes" to the following:

  • I have obtained my NIE and, if needed, opened a Spanish bank account.
  • I have chosen my own independent lawyer and technical inspector.
  • I know who legally owns the property.
  • I have obtained and reviewed an up-to-date Nota Simple.
  • I understand the mortgages, embargoes and other cargas.
  • I have compared the Registro, Escritura and Catastro.
  • I understand the actual size and configuration of the property.
  • I have checked extensions, alterations and changes of use.
  • I understand the planning status where relevant.
  • I have a valid Energy Performance Certificate for the property, and any required habitability or occupancy documentation.
  • If land is involved, I understand the boundaries and access arrangements.
  • I have checked the Comunidad and possible derramas.
  • I understand the IBI and other relevant outstanding payments.
  • I know whether the property is vacant.
  • I understand whether there are tenants or other people with rights of occupation or use.
  • I understand the technical condition of the property.
  • I know about significant defects and potential repair costs.
  • I understand the contrato de arras.
  • I know the expected taxes and transaction costs.
  • I have started gathering source-of-funds documentation, if relevant.
  • I have obtained professional advice where necessary.
  • I understand what happens if the transaction does not proceed.

If several important questions still have no clear answer, it may simply be too early to sign the arras.

What Should You Check Before Buying Property in Spain?

If we reduce the entire process to five questions, they are these:

  1. Legal — Who owns the property, and are there any legal problems attached to it?
  2. Planning — Does the property that physically exists correspond to what is legally authorised?
  3. Technical — What condition are the property, building, installations and land actually in?
  4. Financial — How much will this purchase really cost, both now and in the future?
  5. Occupancy — Who has the right to occupy or use the property?

When these questions have clear answers, the purchase decision becomes much more informed.

The Main Principle

Buying property in Spain is not simply about finding a beautiful home at a good price. It is about understanding:

  • what exactly you are buying;
  • who you are buying it from;
  • what is legally registered;
  • what is authorised from a planning perspective;
  • what physical condition the property is actually in;
  • who has the right to use it; and
  • what costs and risks you are accepting together with the property.

The most expensive mistake a buyer can make often happens before the notary — when the buyer decides to commit to a property without properly understanding it. That is why the simplest advice is also the most important: do not allow the seller's urgency to become your risk. Check first. Commit later.

For a resale property, and especially for a house, villa, property with land, recently renovated property or property with complex engineering systems, an independent technical inspection can provide another perspective — not the perspective of a buyer choosing a home, but the perspective of a professional looking for potential problems. And it is much better to discover those problems before buying the property than a week after it becomes yours.