Legal checks before you sign

It is for anyone considering, planning or carrying out a move to Spain who may buy a home. You will learn which checks to run, what each document shows and how to react when a check fails. It covers title, debts and charges, planning and habitability, seller documents, and special land risks such as coastal and rustic land. It does not cover physical building inspections, natural-hazard checks or community life after buying.

Start with "Property due diligence in Spain, what to check before signing". It gives you the full set of checks and who performs each one. From there, move to the article that matches your next step:

• "Reading a nota simple and the Catastro record"
• "Mortgages, debts and embargoes that come with a property"
• "Planning permission, illegal works and the habitability certificate"
• "Documents the seller must provide, including the energy certificate"
• "Coastal, rustic and protected land risks when buying"
• "You found a problem in the checks: what now?"

Key rules

• Embargoes and mortgages: Do not buy with an embargo or mortgage still on the property unless it is cleared at completion or enough of the price is held back to cover it.
• Community debts: The new owner of a flat is liable with the property for community fees due in the current year and the previous three years, even if the seller agreed to pay them.
• Unpaid IBI: The town hall can claim unpaid IBI from the new owner for the year of the sale and the previous three years.
• Energy certificate: The energy certificate is mandatory for selling most homes, the seller must give you a copy, and it is valid for 10 years.
• Catastro update: The owner must declare changes to areas, use or buildings to the Catastro within two months of the change.
• Separate checks: Registry, Catastro, tax, community, planning and occupancy are each checked separately, so one clean document does not cover the rest.

Legal checks before you sign: the whole process, step by step

• Get the full list of checks and who does each (Property due diligence in Spain, what to check before signing): Before you make an offer or pay any deposit

• Read the nota simple and the Catastro record, and compare them (Reading a nota simple and the Catastro record): Before you sign anything binding. If areas, use or buildings differ, the owner must declare the change to the Catastro within two months of the change

• Look for mortgages, embargoes, unpaid IBI and community fees (Mortgages, debts and embargoes that come with a property): Before signing. You become liable with the property for IBI for the year of the sale and the previous three years, and for community fees for the current year and the previous three years

• Check licences, habitability and any unlicensed works (Planning permission, illegal works and the habitability certificate): Before signing. Demolition can no longer be ordered after a set period from completion of the works, and that period varies by region

• Collect the seller's documents, including the energy certificate (Documents the seller must provide, including the energy certificate): Before signing. The energy certificate is valid for 10 years

• Check coastal, rustic and protected land risks (Coastal, rustic and protected land risks when buying): Before signing, if the property is near the coast, on rustic land or in a protected zone

• If a check turns up a problem, decide whether to renegotiate, require fixes or walk away (You found a problem in the checks: what now?): As soon as the problem appears, before you sign

• Clear any mortgage or embargo and get the community debt certificate: At completion at the notary. Do not buy with an embargo or mortgage still on the property unless it is cleared at completion or enough of the price is held back to cover it

Documents you may need

The home and the lease

• Recent nota simple
• Energy certificate — Documents the seller must provide, including the energy certificate, Property due diligence in Spain, what to check before signing

Payments and receipts

• Latest IBI receipt

Other documents

• Community debt certificate
• Licencia de primera ocupación — Property due diligence in Spain, what to check before signing, Planning permission, illegal works and the habitability certificate
• Planning certificate — Property due diligence in Spain, what to check before signing, Coastal, rustic and protected land risks when buying
• Catastro record with the cadastral reference — Property due diligence in Spain, what to check before signing
• Free Catastro consulta descriptiva y gráfica — Reading a nota simple and the Catastro record
• Deed of cancellation of mortgage — Mortgages, debts and embargoes that come with a property
• Cédula de habitabilidad or habitability certificate — Planning permission, illegal works and the habitability certificate

Each article lists the other documents it asks for, where you need them.

Legal checks before you sign: questions that cross several articles

Who does each legal check when buying a home in Spain?

Your lawyer usually does most checks, the notary checks identity and legality at signing, and a gestor handles filings and tax payments after signing. The notary reports charges but does not investigate the property's merits. Read Property due diligence in Spain, what to check before signing for the full split.

What if the registry and the Catastro show different areas?

The owner fixes the mismatch, either by declaring the change to the Catastro or by correcting the registry through a notary or registry file. Neighbours are notified when boundaries are affected. Read Reading a nota simple and the Catastro record, then Planning permission, illegal works and the habitability certificate if the difference comes from building work.

What happens if an extension or pool is not declared in the registry?

The undeclared part has no registry protection, can be hard to mortgage or resell, and may face a demolition order if the planning time limit has not run. You can negotiate the price or ask for legalisation before completion. Read Planning permission, illegal works and the habitability certificate, then You found a problem in the checks: what now?

How is the seller's mortgage cancelled when I buy?

You pay the seller's bank the outstanding debt at the notary, by bank cheque or transfer, and the rest goes to the seller. The bank then signs a cancellation deed and the registry deletes the charge.

Does an embargo disappear when I buy the property?

No, an embargo stays registered and the creditor can still enforce against the property in your hands, even to the point of an auction. Make sure it is cancelled at completion, with the price paid to the creditor at the notary. Read Mortgages, debts and embargoes that come with a property, and You found a problem in the checks: what now? if it appears late.