What to check before buying an apartment, house, villa or new-build property
Legal due diligence of property in Spain is an essential stage of a safe purchase. For a foreign buyer, it is not a formality or an optional service, but protection of capital, the transaction and future ownership.
The Spanish property market may seem straightforward: the buyer chooses an apartment, house or villa, signs a reservation, pays a deposit, goes to the notary and receives the keys. But behind an attractive property, legal risks may be hidden: the seller’s mortgage, seizures, comunidad debts, unpaid IBI, illegal extensions, area discrepancies, licence issues, tenants, restrictions on tourist rental, urban-planning violations or disputed land status.
Legal due diligence is especially important for foreign buyers who do not know the local system, do not speak Spanish fluently, buy remotely, plan to rent out the property, use a mortgage or purchase a villa, new-build property or seaside real estate.
The main conclusion: in Spain, property should not be bought only based on photos, price and seller promises. Before signing binding documents, it is necessary to check the property, seller, documents, debts, restrictions, taxes, rental possibility and future liquidity.
Key Takeaways on Legal Due Diligence of Property in Spain
Legal due diligence of property in Spain is called due diligence. It is a comprehensive pre-purchase check of the property. Its goal is to confirm that the property can be safely bought, registered in the buyer’s name and used for the intended purpose.
The due diligence should answer key questions.
Who is the real owner?
Does the seller have the right to sell the property?
Are there mortgages, seizures, court restrictions or other encumbrances?
Are there comunidad, IBI or utility debts?
Does the property match the documents?
Does the area match in the Registro, Catastro and actual condition?
Are there illegal extensions or layout changes?
Can the property be rented out?
Is tourist rental permitted?
Are there restrictions in the owners’ community rules?
Are there licences and permits?
Are there urban-planning violations?
What is the tax regime of the transaction?
Which costs and obligations will pass to the buyer?
Legal due diligence is especially important before signing the contrato de arras. If the buyer signs a deposit agreement without protective conditions and then discovers a problem, they may lose the deposit or end up in a weak negotiating position.
What Is a Nota Simple?
Nota Simple is one of the main documents when checking property in Spain. It is an extract from the Registro de la Propiedad that shows basic legal information about the property.
A Nota Simple usually includes:
property identification;
property description;
address;
registered area;
owner or owners;
type of ownership right;
mortgage, if registered;
seizures;
easements;
restrictions;
encumbrances;
other registered third-party rights.
Nota Simple helps understand who owns the property and which registered risks exist.
But it is important to understand: Nota Simple is informational. It does not replace full legal due diligence and does not always show all practical risks. For example, it may not reveal comunidad debts, the actual condition of the property, illegal works, tenant problems or tourist rental restrictions if they are not registered.
What to Check in the Nota Simple
When analysing the Nota Simple, the lawyer should check several blocks.
Owner
The seller’s name must match the registry data. If there are several owners, all of them must participate in the sale or grant authority.
If the property belongs to a company, the signatory’s authority and corporate documents must be checked.
If the property was inherited, it is necessary to check whether the inheritance process has been completed and whether ownership has been registered.
Property description
The description in the Nota Simple must be compared with the actual property. Sometimes the registry shows one area, while the advertisement shows another. Sometimes terraces, extensions, storage rooms, parking spaces or additional rooms are not properly registered.
Encumbrances
It is necessary to check mortgages, seizures, court restrictions, tax debts, easements, disposal prohibitions and other entries.
If the seller has a mortgage, it must be cancelled at the same time as the transaction or before the transaction.
Restrictions
Some properties may have usage restrictions, rights of way, third-party rights, urban-planning restrictions or special conditions.
Registry data
It is necessary to cross-check the finca registral, CRU/IDUFIR, address, boundaries and cadastral reference, if indicated.
A mistake in interpreting the Nota Simple can lead to buying a property with debts, encumbrances or a legally complex status.
Registro de la Propiedad and Catastro: What Is the Difference?
Foreign buyers often confuse Registro de la Propiedad and Catastro.
Registro de la Propiedad
Registro de la Propiedad is the property rights registry. It shows who the registered owner is, which rights are registered and whether there are encumbrances.
For the buyer, the Registro is important from the point of view of ownership rights and legal protection.
Catastro
Catastro is the cadastral system that contains property data for tax and administrative purposes: location, area, use, cadastral value, cadastral reference and graphic data.
Catastro is important for taxes, IBI, reference value and comparing the property with its actual condition.
The same property may have discrepancies between Registro and Catastro. For example, Catastro may show one area, Registro another and the actual property a third. Such discrepancies must be analysed before purchase.
Why Registro, Catastro and Actual Condition Must Be Compared
Comparing Registro, Catastro and the actual condition of the property is one of the most important parts of due diligence.
It is necessary to compare:
area;
address;
floor;
boundaries;
layout;
existence of terrace;
storage room;
parking;
extensions;
swimming pool;
plot;
property use;
cadastral reference;
description in the escritura;
Nota Simple data;
Catastro data.
If the buyer purchases an apartment, area discrepancies may affect price, taxes, mortgage and future resale.
If the buyer purchases a villa, it is especially important to check the plot, boundaries, swimming pool, extensions, garage, guest houses, terraces and additional structures.
If the buyer purchases a rental property, discrepancies may affect the licence, registration and legality of use.
Checking the Owner
Before purchase, it is necessary to make sure that the seller has the right to sell the property.
If the seller is an individual, the following are checked:
passport or DNI/NIE;
match with the Registro;
marital status;
existence of a spouse if the property is a family home;
representative’s authority if the sale is by power of attorney;
legal capacity;
inheritance issues;
seller’s tax status if it affects the transaction.
If the seller is a company, the following are checked:
company registration documents;
authority of the director or representative;
corporate resolutions, if needed;
tax status;
absence of restrictions;
transaction structure;
IVA or ITP, if applicable;
debts and encumbrances.
If the seller acts through a power of attorney, its authenticity, validity, scope of authority and suitability for the transaction must be checked.
Checking the Seller’s Mortgage
A common situation is that the property is sold with the seller’s mortgage.
This is not necessarily a problem if the mortgage is correctly repaid and cancelled on the day of the transaction. But the buyer must understand the process.
It is necessary to check:
outstanding debt amount;
seller’s bank;
debt certificate;
repayment conditions;
mortgage cancellation procedure;
bank participation at the notary;
payments on the transaction day;
registry cancellation of the encumbrance;
who pays the cancelación registral costs.
The buyer should not simply trust the seller’s words that “the mortgage will be closed”. This must be documented and reflected in the notarial transaction.
If the mortgage is not properly cancelled, it may remain registered as an encumbrance.
Checking Seizures and Court Restrictions
The Nota Simple may show seizures, embargo, court restrictions, tax claims or other entries.
The buyer needs to understand:
who imposed the restriction;
for what amount;
whether it can be removed before the transaction;
who is responsible for removal;
which documents are needed;
whether the transaction can be signed safely;
how to protect the buyer’s payment.
Buying a property with a seizure without proper legal support is dangerous. Even if the price is attractive, the transaction may be delayed, blocked or lead to additional expenses.
Checking Comunidad Debts
Comunidad is the owners’ community that manages an apartment building or residential complex.
Before purchase, it is necessary to check whether the seller has comunidad debts.
For this, a certificate is usually requested from the community administrator or the president of the comunidad. It should show whether there are debts for regular payments, special contributions or approved works.
This is important because the buyer may face an obligation to pay part of the debts connected with the property if they were not identified before the transaction.
In addition to debts, it is necessary to check:
monthly comunidad amount;
whether there are special contributions;
whether repairs of the façade, roof, lift, pool or garage are planned;
whether there are court disputes;
house rules;
whether rental is permitted;
whether there are tourist rental restrictions;
financial condition of the community;
minutes of recent meetings.
Sometimes a property looks profitable, but comunidad is high or the building is planning major repairs. This affects budget and yield.
Checking IBI
IBI is the municipal property tax.
Before purchase, it is necessary to request the latest IBI receipt and check:
tax amount;
municipality;
cadastral reference;
whether there are debts;
in whose name the tax is registered;
whether the property matches Catastro data;
how IBI will be allocated for the year of the transaction;
how payment will be transferred after purchase.
IBI is important not only as an annual expense, but also as a source of information. The receipt helps compare cadastral data, property use and tax base.
If there are IBI debts, they must be settled before the transaction or withheld from the price.
Checking Utility Debts
Utility debts must also be checked before purchase.
They may include:
electricity;
water;
gas;
internet;
rubbish collection fee;
maintenance of shared systems;
alarm system;
management company debts.
On the day of property handover, meter readings should preferably be taken and recorded. After the transaction, contracts must be transferred to the new owner.
If the property has been empty for a long time, it is necessary to check whether services are connected, whether there are old debts, whether electricity or water has been disconnected and whether additional work is needed to restore connection.
Checking Tenants
If the property is sold with tenants, this is a separate legal risk.
The buyer needs to check:
whether there is a valid rental contract;
who the tenant is;
contract term;
rental rate;
whether there is a deposit;
whether there are debts;
tenant rights;
whether the contract can be terminated;
whether the contract transfers to the buyer;
whether the contract is registered;
whether there is a court dispute;
whether the rental complies with the law;
which notices are required.
Buying a property with a tenant is possible, but the consequences must be understood. The new owner cannot always simply “ask the tenant to leave”. If the buyer plans to live in the property or renovate it, the contract and legal options must be analysed in advance.
Checking Rental Possibility
If the buyer purchases a property for rental, legal due diligence must include the rental model.
It is necessary to understand:
whether the property can be rented long-term;
whether it can be rented mid-term;
whether it can be rented to tourists;
whether a licence is needed;
whether a licence can be obtained;
whether municipal restrictions apply;
whether the comunidad permits short-term rental;
whether there is a prohibition in the building statutes;
whether a registration number is needed;
whether the property meets the requirements;
whether the property can be advertised on platforms;
which fines may apply in case of violation.
It is especially important to check tourist rental. In Spain, it is regulated by autonomous communities, municipalities and house rules. What is possible in one city may be prohibited or restricted in another.
Buying a property only because the seller promises “high Airbnb yield” is dangerous. The legal possibility of rental must be documented.
Checking Comunidad for Tourist Rental
Since 2025, tourist rental in buildings with comunidad has become an especially sensitive issue.
The owners’ community may restrict or prohibit tourist rental if the legal rules and quorum are respected. Therefore, before buying a property for short-term rental, it is necessary to check not only the regional licence, but also the building documents.
It is necessary to request:
comunidad statutes;
internal rules;
minutes of recent meetings;
decisions on tourist rental;
existence of prohibition or restrictions;
existence of increased fees for tourist apartments;
administrator’s position;
existing conflicts;
court disputes.
Even if the property has a tourist licence, the buyer must check whether the building rules have changed and whether there is a risk of restricting the activity.
Checking Urbanismo
Urbanismo is the urban-planning check. It is especially important for houses, villas, plots, rural properties, old buildings and real estate with extensions.
It is necessary to check:
land status;
permitted use;
legality of construction;
building permits;
existence of licences;
consistency with the approved layout;
legality of the swimming pool;
legality of the terrace;
legality of extensions;
house enlargement;
garages;
guest houses;
enclosed terraces;
additional floors;
position in relation to the coastal zone;
restrictions in protected areas;
possibility of renovation or reconstruction;
whether there are urban-planning violations;
whether there are fines or orders.
Properties where more has been built than registered are especially dangerous. For example, the documents show a 120 m² house, but in reality there are 180 m² with a swimming pool and extension. This may become a problem for a mortgage, sale, insurance, rental or municipal inspection.
Checking a Villa
A villa requires deeper due diligence than an ordinary apartment.
It is necessary to check:
ownership of the plot;
plot boundaries;
cadastral plan;
fence;
rights of way;
access;
road access;
water supply;
electricity;
sewerage;
septic tank, if any;
well, if any;
swimming pool;
garden structures;
garage;
terraces;
retaining walls;
guest house;
land status;
building permits;
original licence;
first occupancy licence;
urbanismo;
illegal works;
technical condition.
Villas often carry the highest legal risks, especially if they were built a long time ago, expanded without permits or are located in areas with complex urban-planning status.
Checking an Apartment
An apartment in a residential building also requires due diligence.
It is necessary to check:
Nota Simple;
owner;
area;
floor;
lift;
storage room;
parking;
whether parking and storage are registered separately;
comunidad debts;
meeting minutes;
building condition;
ITE or technical building inspection, if applicable;
planned repairs;
façade;
roof;
lift;
electrics;
noise;
house rules;
rental possibility;
tourist restrictions;
tenants;
IBI;
utility debts.
Sometimes an apartment looks perfect, but the building needs major repairs, has no lift, has comunidad debts or prohibits tourist rental.
Checking a New-Build Property
Buying a new-build property in Spain requires separate legal due diligence.
It is necessary to check:
developer;
developer’s right to the land;
building permit;
project;
licence;
bank guarantees for payments;
insurance or guarantees;
purchase contract;
payment schedule;
delivery deadlines;
penalties for delay;
refund conditions;
finishing quality;
what is included in the price;
parking and storage room;
comunidad;
technical specifications;
first occupancy licence;
energy certificate;
post-handover defects;
rental possibility;
complex rules.
The buyer must make sure that their payments are protected. When buying during construction, it is especially important to check guarantees, developer accounts and refund conditions if the project is not completed.
Bank Guarantees When Buying Off-Plan
When buying property under construction, the buyer usually pays part of the price before completion. These payments must be protected.
The lawyer must check:
whether there is an individual bank guarantee;
which amounts it covers;
validity period;
which bank or insurance company guarantees the payments;
which account receives the money;
whether the guarantee matches the contract;
what happens in case of construction delay;
how money is refunded if obligations are not fulfilled;
whether taxes are covered, if applicable;
whether interest or compensation is included.
The buyer should not transfer large amounts to a developer without understanding the payment protection mechanism.
Checking the First Occupancy Licence
Licencia de primera ocupación or an equivalent document confirms that the property has been completed and can be used for residential purposes in accordance with the permits.
For new-builds and some houses, this is especially important.
It is necessary to check:
whether the licence exists;
whether it was issued by the municipality;
whether the property matches the project;
whether utilities can be connected;
whether the property can be registered;
whether it can be used for living;
whether there are open violations.
Absence of the first occupancy licence may affect the mortgage, utility connections, rental, sale and legal safety.
Checking the Energy Certificate
When selling property in Spain, the seller must usually provide an energy certificate.
The buyer should check:
existence of the certificate;
energy efficiency class;
validity period;
improvement recommendations;
whether it matches the actual condition of the property.
The energy certificate is not the main legal document, but it is important for the transaction, rental and understanding future heating, air-conditioning and energy costs.
Checking Technical Condition
Legal due diligence does not replace technical inspection.
For a safe purchase, it is advisable to assess:
electrics;
plumbing;
damp;
cracks;
windows;
roof;
façade;
lift;
air conditioning;
heating;
sound insulation;
building condition;
swimming pool condition;
garden condition;
structural defects;
signs of illegal works.
Technical problems may not be a legal defect, but they affect price, renovation budget, mortgage, insurance and future liquidity.
When buying a villa, old house or renovation property, technical inspection is especially important.
Checking the Reservation Agreement
The reservation agreement is often signed quickly to “remove the property from the market”. But even a simple reservation may have financial consequences.
It is necessary to check:
who receives the money;
whether the reservation is refundable;
under which conditions;
reservation term;
whether the price is fixed;
whether the property is described;
who the seller is;
whether legal due diligence conditions exist;
whether there is a mortgage condition;
whether there is a rental check condition;
deadlines for signing arras;
which documents the seller undertakes to provide.
The buyer should not pay even a small reservation if the document is unclear, the money is not protected and the property has not yet been checked.
Checking the Contrato de Arras
Contrato de arras is one of the most important transaction documents. It fixes the price, deadlines, deposit, obligations and consequences of withdrawal.
The contract must check:
seller and buyer details;
property description;
finca registral number;
cadastral reference;
price;
deposit amount;
notary deadline;
payment terms;
allocation of costs;
seller’s mortgage;
obligation to remove encumbrances;
property condition;
furniture and appliances;
tenants;
debts;
buyer’s mortgage conditions;
legal due diligence conditions;
tax regime;
parties’ liability;
consequences of withdrawal.
If the buyer depends on a mortgage, this must be written into the contract. If the property is bought for rental, the rental possibility check conditions must be written in. If the seller must cancel a mortgage or debts, this must be reflected.
Checking the Tax Regime of the Transaction
Legal due diligence must include tax analysis.
It is necessary to understand:
whether it is resale or new-build;
whether ITP or IVA applies;
whether AJD applies;
which rate applies in the region;
tax base;
whether reference value applies;
who pays which expenses;
whether 3% withholding applies when buying from a non-resident;
whether plusvalía municipal applies;
how IBI is allocated;
whether the seller has tax risks;
which taxes will apply after purchase.
A mistake in the tax regime may lead to budget shortage, disputes, registration delays or tax authority claims.
3% Withholding When Buying from a Non-Resident
If the seller is a non-resident of Spain, in certain cases the buyer must withhold 3% of the sale price and pay this amount to the tax office as an advance payment against the seller’s capital gains tax.
The buyer must check the seller’s tax status and correctly formalise the withholding.
If the buyer does not withhold the amount, they may have problems with the tax authorities.
This is especially important when buying from a foreign owner who is not a tax resident of Spain.
Checking Payments
The payment procedure must be fully transparent.
It is necessary to check:
amount paid as reservation;
amount paid under arras;
amount paid at the notary;
payment methods;
whether a bank cheque is used;
whether there is a transfer from abroad;
who receives the money;
how the seller’s mortgage is repaid;
which amounts are withheld;
who pays taxes;
how payments are recorded;
whether proof of origin of funds exists.
For a foreign buyer, the bank may request documents proving the origin of funds. Therefore, legal and banking preparation must happen in parallel.
Checking When Buying with a Mortgage
If the buyer takes a mortgage, legal due diligence must consider the bank’s requirements.
The bank checks the property as collateral, but it does not replace the buyer’s lawyer.
It is necessary to check:
whether the property is suitable for financing;
whether there are problems in the Nota Simple;
whether the area matches;
whether there are illegal extensions;
whether there are seizures;
whether the seller’s mortgage can be cancelled;
property valuation;
bank deadlines;
whether there is a mortgage condition in arras;
who pays for the valuation;
which documents are needed for the notary;
how the mortgage and purchase signing will take place.
If the bank refuses because of legal problems with the property, the buyer may lose time and deposit if the contract does not protect their interests.
Checking When Buying Remotely
A foreigner can buy property in Spain remotely through a power of attorney.
In this case, it is necessary to check:
text of the power of attorney;
representative’s powers;
ability to obtain an NIE;
ability to open banking procedures;
right to sign reservation, arras and escritura;
right to pay taxes;
right to register the property;
validity period of the power of attorney;
apostille and translation if the power of attorney is issued outside Spain;
recognition of the document in Spain.
Remote purchase is convenient, but it requires even stricter control of documents, payments and communication.
Checking a Property for Rental
If the purchase goal is rental, legal due diligence must be investment-oriented.
It is necessary to check:
whether long-term rental is possible;
whether mid-term rental is possible;
whether tourist rental is possible;
which licence is needed;
whether a registration number can be obtained;
whether comunidad restrictions exist;
whether there is a prohibition in the statutes;
municipal rules;
regional rules;
property requirements;
fines for violations;
rental taxes;
management expenses;
real yield after taxes and expenses.
A legally impossible rental can destroy the entire investment model, even if the property itself is good.
Checking a Seaside Property
Seaside properties require additional attention.
It is necessary to check:
distance from the coastline;
Costas restrictions;
ownership of the plot;
building permits;
legality of terraces;
land status;
public access;
possibility of renovation;
reconstruction restrictions;
erosion risks;
insurance;
tourist use;
comunidad;
seasonal expenses.
Seaside real estate can be liquid and attractive, but legal restrictions in coastal zones may be serious.
Checking a Property in a Historic Building
If the property is located in a historic centre or protected building, restrictions must be checked.
They may relate to:
façade;
windows;
balconies;
air-conditioning units;
renovation;
layout changes;
change of use;
lift;
external elements;
façade colour;
signs;
tourist rental;
municipal permits.
An apartment in a historic building may be attractive, but renovation and adaptation may require permits and additional expenses.
Main Legal Risks
The most common risks when buying property in Spain are:
the seller is not the sole owner;
sale by power of attorney with insufficient powers;
seller’s mortgage is not cancelled;
seizure or embargo exists;
comunidad debts exist;
IBI debts exist;
area does not match the documents;
extensions are not legalised;
swimming pool is not registered;
plot boundaries are disputed;
property is on land with complex urbanismo;
first occupancy licence is missing;
property is already rented;
tenant has occupancy rights;
tourist rental is prohibited;
comunidad has approved restrictions;
new-build does not have sufficient guarantees;
arras contract does not protect the buyer;
taxes are calculated incorrectly;
bank does not finance the property;
buyer has not confirmed origin of funds.
Each of these risks can be identified before the transaction if due diligence is carried out correctly.
What the Buyer’s Lawyer Should Do
The buyer’s lawyer must act in the buyer’s interests, not in the interests of the seller, agency or developer.
The lawyer should:
request documents;
check Nota Simple;
check Registro;
check Catastro;
check owner;
check authority;
check debts;
check IBI;
check comunidad;
check encumbrances;
check seller’s mortgage;
check urbanismo;
check tenants;
check rental possibility;
check contracts;
negotiate protective conditions;
check tax regime;
supervise payments;
prepare the notarial transaction;
check escritura;
organise tax payment;
support ownership registration.
A good lawyer does not simply “read the contract”. They identify risks and propose solutions before the buyer takes on financial obligations.
Notary and Lawyer: What Is the Difference?
A notary in Spain plays an important role: certifying the transaction, checking the identity of the parties, document form, powers and signing the escritura pública.
But the notary is not the buyer’s personal adviser and does not replace an independent lawyer.
The buyer’s lawyer works before the notary. They check the property, negotiate terms, protect the deposit, analyse risks and check rental, taxes, urbanismo and seller documents.
The notary formalises the transaction. The lawyer protects the buyer’s interests.
For a foreign buyer, it is especially important to have an independent lawyer who does not depend on the seller or agency.
When to Carry Out Legal Due Diligence
Ideally, before paying a large deposit.
In practice, the process may look like this:
preliminary property selection;
request for basic documents;
initial Nota Simple check;
seller check;
price and tax analysis;
signing a reservation with protective conditions;
full legal due diligence;
negotiation of contrato de arras;
signing arras;
notary preparation;
signing escritura;
tax payment;
ownership registration.
If the buyer signs arras without due diligence, their position becomes weaker. Therefore, it is better to check the property before serious financial obligations arise.
Legal Due Diligence Checklist
Before buying property in Spain, it is necessary to check:
Nota Simple;
Registro de la Propiedad;
Catastro;
cadastral reference;
owner;
seller’s authority;
power of attorney, if any;
mortgage;
seizures;
encumbrances;
easements;
restrictions;
IBI;
comunidad;
debts;
special contributions;
meeting minutes;
house rules;
tenants;
rental contracts;
rental possibility;
tourist licence;
registration number for short-term rental, if needed;
urbanismo;
licences;
first occupancy licence;
area consistency;
illegal extensions;
technical condition;
energy certificate;
tax regime;
ITP, IVA or AJD;
3% withholding when buying from a non-resident;
plusvalía municipal;
contrato de arras;
mortgage conditions;
payment procedure;
notary deadlines;
key handover;
ownership registration.
This checklist does not replace a lawyer, but it shows how comprehensive the check must be.
Main Buyer Mistakes
The most common mistake is signing documents before checking the property.
The second mistake is relying only on the words of the agent or seller.
The third mistake is not requesting a Nota Simple.
The fourth mistake is not checking comunidad and IBI debts.
The fifth mistake is not comparing Registro, Catastro and actual area.
The sixth mistake is buying a villa without checking urbanismo.
The seventh mistake is buying a property for tourist rental without checking the licence and house rules.
The eighth mistake is not including protective conditions in arras.
The ninth mistake is not checking tenants.
The tenth mistake is thinking that the notary replaces a lawyer.
The main principle: if a risk can be checked before the transaction, it must not be left “for later”.
How to Buy Property in Spain Safely
A safe purchase is built on a sequence.
First, define the purchase goal.
Then choose the region and property type.
After that, request basic documents.
Then carry out initial legal due diligence.
Then negotiate the reservation terms.
After that, conduct full due diligence.
Then sign arras with protective conditions.
Then prepare the mortgage, if there is one.
After that, sign the notarial escritura.
Then pay taxes.
Then register ownership.
After registration, utilities, comunidad, IBI, insurance and tax support must be transferred or organised.
Buying property in Spain should not be an emotional decision, but a controlled legal process.
FAQ
What is legal due diligence of property in Spain?
It is a comprehensive check of the property, owner, documents, debts, encumbrances, taxes, urbanismo, comunidad, rental and risks before purchase.
What is Nota Simple?
Nota Simple is an extract from the Registro de la Propiedad that shows the property description, owner and registered encumbrances. It is important, but it does not replace full legal due diligence.
Do you need to check Catastro?
Yes. Catastro helps verify the area, cadastral reference, property use and tax data. Discrepancies between Catastro, Registro and the actual property must be analysed before purchase.
Which debts must be checked before buying?
It is necessary to check comunidad debts, IBI, utilities, the seller’s mortgage, possible seizures, tax claims and special building contributions.
Can you buy a property with the seller’s mortgage?
Yes, if the mortgage is correctly repaid and cancelled on the day of the transaction or before it. This must be documented at the notary.
Do you need to check tourist rental possibility?
Yes, if the buyer plans to rent the property to tourists. It is necessary to check regional rules, municipal restrictions, licence, registration number and comunidad rules.
Why are illegal extensions dangerous?
They may create problems with the mortgage, registration, sale, insurance, rental, fines and municipal requirements. It is especially important to check villas and houses.
Do you need a lawyer when buying property in Spain?
Yes, especially for a foreign buyer. The lawyer protects the buyer’s interests, checks the property and documents, negotiates contracts and reduces the risk of losing money.
Does the notary check the property?
The notary certifies the transaction and checks important formal elements, but does not replace the buyer’s independent lawyer and does not carry out investment due diligence.
What is the main buyer mistake?
The main mistake is signing a reservation or arras and transferring money before legal due diligence of the property, seller, debts, rental, urbanismo and taxes.
Rusol Prime — Expert in Safe Property Purchase in Spain
Rusol Prime helps foreign buyers safely buy property in Spain: check the property, documents, owner, debts, encumbrances, urbanismo, comunidad, rental possibility and tax consequences.
We analyse not only the price and location, but also the legal clarity of the property, Nota Simple, Registro de la Propiedad, Catastro, IBI, comunidad, house rules, tourist rental, new-builds, villas, mortgage, taxes and exit strategy.
Get a personal consultation with Rusol Prime — we will check property in Spain before purchase, identify risks and help you complete the transaction safely: for living, holidays, rental income, investment or capital preservation.
