5 Things to Check Before Buying a Property in Spain

5 Things to Check Before Buying a Property in Spain

Buying property in Spain is one of the most significant financial decisions many people make. The Spanish system works differently from most Northern European markets — and the differences have real consequences if you are not prepared. Here are five things you should always verify before signing anything.

1. Order a Nota Simple

A nota simple is an extract from the Spanish property registry (Registro de la Propiedad) and the first document your lawyer should request. It confirms who legally owns the property and — critically — whether there are any outstanding debts, mortgages, or encumbrances registered against it.

In many countries, a seller’s debts are automatically cleared at the point of sale. In Spain, this is not always the case: outstanding mortgages and debts can in some circumstances be transferred to the buyer if not handled correctly. A nota simple reveals this before you commit.

The cost is minimal — typically €5–10 — and your lawyer will normally request it as a standard part of due diligence.

2. Verify the property is legally registered

Unauthorised extensions and outbuildings are more common in Spain than many international buyers expect. A previous owner may have added a room, a terrace, or a pool without planning permission — and that addition simply does not appear in the official records.

Request the certificado de descripción catastral and compare the registered square metres with the actual property. If the figures do not match, you could face a property that cannot be correctly insured, or that the municipality requires you to regularise at your own expense.

Your lawyer or a building surveyor (aparejador) is best placed to identify these discrepancies.

3. Check the energy certificate and technical condition

Since 2013, an energy efficiency certificate (certificado de eficiencia energética) has been legally required for all property sales in Spain. It rates the property from A (best) to G (worst) and indicates future heating and cooling costs — particularly relevant in Southern Spain, where air conditioning works hard for many months of the year.

For older properties, commission an independent technical inspection. A professional survey typically costs €300–€500 and can identify problems with electrics, plumbing, the roof, and damp — issues that can cost ten times as much to fix after you take ownership.

4. Agree precisely on what is included

In Spain, properties are often sold with furniture and appliances included — but not always. It is common for sellers to take everything with them, including kitchen units and fixtures, unless specifically agreed in writing.

Insist on a complete inventory (inventario) as an appendix to the contract, and review it carefully. This is one of the most frequent sources of post-completion disputes.

5. Use an independent Spanish lawyer

It is tempting to use the seller’s lawyer or one recommended by the selling agent. This is rarely a good idea. A lawyer who effectively represents both sides of a transaction cannot fully protect your interests.

An independent lawyer specialising in Spanish property law typically costs 1–1.5% of the purchase price. They will ensure all documentation is in order, that any outstanding debt on the property is cleared before completion, and that the final deed (escritura) is correctly registered. The cost is small relative to the risk.

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