What should you check before completing a property purchase in Spain?

Becoming a homeowner in Spain is a big and exciting life project. To get it right, our English-speaking property experts share a checklist to help you avoid disappointment and know what to check before buying a property in Spain.

In your home country, these standard checks (administrative, legal, planning) may be carried out by a notary, a solicitor or an attorney. Spain works differently: Spanish notaries are not required to carry out all these checks, and their role is very different (see the practical guide on the role of the notary)

So how can a future buyer handle these formalities and who can they turn to for information?

Pre-purchase checks on a property: how and why?

As mentioned above, responsibility for these checks lies with the buyer, not the notary. A Spanish notary's core task is to draw up the deed of sale and have it registered.

If you are planning to buy and do not speak Spanish, it is strongly recommended to use an English-speaking agency like ours (lawyer's fees are included in our fees), or a law firm specialising in property law.

On the buyer's behalf, the lawyer checks that the legal documents, administrative formalities and planning rules at national, regional and local level are in order and complied with.

Checklist before buying a home in Spain

The checks to carry out before committing to buy a property in Spain should not be taken lightly. There is a large number of legal and administrative points to check, such as:

1. The land registry (to check the owner's identity, details of the property itself such as floor area and plot size, any debts and that there is no mortgage);
2. The ownership record (Nota simple);
3. The community fees, where applicable, and in particular that the current owner owes nothing to the owners' association;
4. The energy certificate (compulsory for any sale or rental), which the seller must provide on the day of the sale;
5. Any restrictions on use, where applicable;
6. The planning licences (compliance with the planning rules for the building);
7. The amount of ITP tax (Impuesto sobre Transmisiones Patrimoniales, calculated according to the type of property (new or resale), its value and its location (region));
8. The amount of notary fees;
9. The amount of IBI (Spain's annual local property tax, paid by the owner).

Checks on the property itself are not the only steps where the support of a fully bilingual expert is a major asset. Beyond negotiating with the seller, our Alveo Search experts support you up to the signing of the final deed (Escritura). You can even choose to be represented through a power of attorney.