Buying property abroad takes careful preparation. Here we explain the key checks for buyers living overseas who are considering an apartment or house in Spain.
Documents help prevent costly surprises
Attractive photos and a good location do not confirm a property's legal status. Before you pay anything, an independent lawyer should check who owns the property, whether it has any charges or encumbrances, and whether the listing matches the documentation.
Land Registry records and property details
Information from the Spanish Land Registry, or Registro de la Propiedad, is a key source, often obtained through a nota simple. It should be compared with the seller's documents and cadastral records. Any discrepancies in floor area, the identification of parts of the property or rights to a parking space need to be clarified.
Outstanding payments and community obligations
Ask for documents relating to the owners' association and unpaid fees, up-to-date information on IBI property tax, and any resolutions that could lead to additional expenses. When buying a resale apartment, it is worth checking the building's condition and any planned renovation work.
New-build homes: additional checks
For a new-build development, important checks include rights to the land, permits, contract terms, deadlines, specifications and appropriate safeguards for advance payments. Establish which documents will allow the home to be legally occupied once the development is complete.
Explore our new-build homes and read the step-by-step guide to buying a new-build property in Spain.
Have a specialist interpret the documents
A checklist helps you ask questions, but it cannot replace a lawyer's advice. Do not sign a reservation agreement if you do not understand your responsibilities or the circumstances in which you could lose your advance payment.
Frequently asked questions
Is a nota simple enough?
It is an important source of information, but it does not replace a full legal review.
Are the documents different for a new-build development?
Yes. Additional checks cover permits, contracts and safeguards for advance payments.
Which owners' association documents should I check?
Ask for documents relating to the owners' association, unpaid fees and any resolutions that could lead to additional expenses. For a resale apartment, it is also worth checking any planned renovation work.
Sources and references
For information only: not legal or tax advice, or a guarantee of returns. Confirm the terms of your transaction with an independent professional.
