Legal checks before buying property in Spain: a foreign buyer checklist
A beautiful property and a clean-looking sales brochure do not tell you whether the legal file is clean. Before completion, an international buyer should understand who owns the property, what is registered against it and which documents need attention.
Confirm ownership and registered rights
Land Registry information is a starting point for confirming the registered owner and identifying mortgages, embargoes, easements or other registered rights that may affect the property.
Review cadastral and local information
The cadastral reference, IBI documentation and the consistency between physical reality, cadastral data and registered information can matter, particularly where extensions or alterations exist.
Check community of owners information where relevant
For apartments and properties in a community, outstanding community fees, approved extraordinary charges and community rules can be important practical issues for the buyer.
Review occupancy, planning and property-specific documents
Depending on the property and municipality, additional planning, occupancy, licence, energy or technical documentation may be relevant. The review should fit the specific asset rather than rely on a generic checklist.
Make sure the contract reflects what the checks found
Any issue discovered should be resolved, documented or properly allocated in the contract before the buyer completes and releases the purchase funds.
FAQ
What does a Land Registry extract show?
It can provide information on registered ownership and rights or charges affecting the property.
Is a Land Registry check enough on its own?
No. It is an important starting point, but the wider due diligence can involve tax, cadastral, community, planning and contractual information.
When should the checks be done?
Ideally before the buyer becomes heavily committed financially, and certainly in time to address issues before completion.