What to Check Before Buying a Property in Span: Legak Guide for Foreign Buyers

Buying a property in Spain can be an exciting investment and the beginning of a new chapter. However, before signing a reservation agreement or paying a deposit, it is essential to make sure that the property is legally sound and that there are no unexpected issues.

For international buyers, this process can sometimes feel complicated, particularly when dealing with Spanish legal and administrative procedures for the first time.

In this guide, we explain the main legal and practical checks you should consider before buying a property in Spain.

1. Check who legally owns the property

One of the first things to verify is that the person selling the property is actually the registered owner and has the legal right to sell it.

This information can be checked through the Spanish Property Registry (Registro de la Propiedad). A document known as a Nota Simple provides information about the registered property, including its ownership and registered rights and charges.

The information should correspond with the property you are considering purchasing.

If there are several registered owners, or if someone is acting on behalf of the owner, additional documentation may be required.

2. Check for mortgages, debts and other charges

A property may have registered charges even if everything appears normal during a viewing.

The Property Registry can show whether the property is affected by mortgages, foreclosures or other registered encumbrances.

This is one of the reasons why obtaining up-to-date registry information before committing to the purchase is so important.

If a mortgage appears on the property, for example, it does not necessarily mean that the purchase cannot proceed. However, the situation should be properly understood and the necessary arrangements made for the charge to be cancelled or dealt with as part of the transaction.

3. Check the property's cadastral information

The Spanish Cadastre (Catastro) provides important information about a property, including its cadastral reference, description and recorded characteristics.

It is advisable to compare the cadastral information with the Property Registry and with the actual property.

Particular attention should be paid to:

• The surface area
• The use of the property
• The number of buildings or elements included
• Terraces and extensions
• Garages and storage rooms
• The cadastral reference

Differences between the physical property, the Cadastre and the Property Registry do not automatically mean that there is a problem, but they should be identified and assessed before the purchase.

This is particularly important when buying a resale property, where modifications may have been made over the years.

4. Check that community fees are up to date

If you are buying an apartment or a property within a residential community, you should check whether the current owner is up to date with their community fees.

The seller should normally provide a certificate from the community of owners confirming the payment status of the property.

This is particularly important in developments with extensive communal facilities, where community fees can represent a significant annual expense.

Before buying, it is also worth asking about:

• Current community fees
• Extraordinary payments (derramas)
• Planned major works
• Maintenance projects
• Any ongoing disputes involving the community

Knowing the property's community situation can help you avoid unexpected costs after completion.

5. Check the IBI and other property-related taxes

The IBI (Impuesto sobre Bienes Inmuebles) is the annual local property tax.

Before completing a purchase, it is advisable to check that the relevant IBI payments are up to date.

Buyers should also understand which taxes and expenses will apply to them after becoming the owner.

If you want to understand the purchase tax applicable in the Valencian Community, see our guide to Property Transfer Tax (ITP).

6. Check whether the property matches its legal documentation

A property may have undergone changes over the years.

For example, a terrace may have been enclosed, an extension may have been built or an additional room may have been created.

Before purchasing, it is important to establish whether significant alterations have the appropriate legal and administrative status.

This is particularly relevant when buying older resale properties.

A beautiful renovation does not necessarily mean that every alteration has been formally registered.

For this reason, a legal and, where appropriate, technical review should be carried out before committing to the purchase.

7. Check whether the property is occupied or rented

If the property is currently rented or occupied, this situation needs to be understood before signing.

As a buyer, you should know whether:

• The property is vacant
• There is an existing rental contract
• Someone occupies the property
• There are tenants with rights that continue after the purchase

This is especially important if your intention is to use the property immediately after completion.

8. Check the energy efficiency certificate

When purchasing a property, the energy efficiency certificate is another document that should be considered.

The certificate provides information about the property's energy performance and can help buyers understand its potential energy consumption and running costs.

The seller should provide the relevant energy efficiency documentation as part of the sale process.

Although the certificate is only one part of the property's documentation, it is useful to review it before completing the purchase.

9. Check whether an occupancy certificate is required

Depending on the Autonomous Community and the circumstances of the property, an occupancy certificate (cédula de habitabilidad or equivalent document) may be required.

The requirements are not identical throughout Spain.

For this reason, buyers should not assume that the same documentation applies to every property or every region.

This is particularly relevant for international buyers purchasing property in the Valencian Community, where local and regional requirements should be checked according to the specific property.

10. Check the building and communal areas

When buying an apartment, you are not only buying the interior of the property.

You are also becoming part of a building or residential community.

Before buying, it is worth asking about the general condition of the building and any planned works.

Depending on the age and characteristics of the building, there may also be obligations relating to technical inspections.

It can also be useful to review community meeting minutes and information about planned works before making a final decision.

This can help you identify potential extraordinary expenses or important maintenance issues before completing the purchase.

11. Do not sign a reservation or deposit agreement without understanding it

A reservation agreement or deposit can be an important step in securing a property.

However, you should understand exactly what you are signing before transferring money.

The agreement should clearly explain matters such as:

• The agreed purchase price
• The amount being paid
• The conditions of the reservation
• The deadline for signing the purchase contract
• What happens if the purchase does not proceed
• The obligations of both parties

For an international buyer, having the agreement reviewed by a professional before signing can provide valuable peace of mind.

12. Make sure you understand the purchase contract

The private purchase contract should clearly establish the main terms of the transaction.

This normally includes the purchase price, payment schedule, completion date and other obligations agreed between the parties.

Do not rely solely on a translation or on an informal explanation.

If you are not completely comfortable with Spanish legal terminology, make sure that you have appropriate professional assistance so that you fully understand the document before signing.

13. What happens at the notary?

The final purchase is normally formalised through a public deed before a Spanish notary.

The notary verifies important aspects of the transaction, including the identity and capacity of the parties, the seller's ownership and the property's registry information.

The notarial process also involves checks relating to community fees, cadastral information, taxes and other relevant documentation.

The notary also records the means and timing of the payments involved in the transaction.

The public deed can subsequently be presented to the Property Registry so that the change of ownership can be registered.

14. What about buying a new-build property?

The checks involved in purchasing a new-build or off-plan property are different from those involved in purchasing a resale property.

In addition to checking the property and the developer, buyers should pay attention to matters such as:

• The developer's documentation
• Planning and construction documentation
• Building specifications
• Payment schedules
• Completion dates
• Guarantees
• Contractual conditions
• What is included in the purchase price

If you are considering buying an off-plan property, we recommend reading our dedicated guide:

Why Buy an Off-Plan Property on the Costa Blanca in 2026?

15. Why legal due diligence mattersBuying a property is one of the biggest financial decisions most people make.

A viewing can tell you whether you like the property.

It cannot tell you whether the property has a mortgage registered against it, whether community fees are outstanding, whether the cadastral information matches the property or whether there are legal issues affecting the transaction.

That is why legal due diligence should take place before you commit to the purchase, rather than after problems appear.

For international buyers, professional assistance can be particularly valuable because the legal system, terminology and administrative procedures may be unfamiliar.

How Carola Homes supports international buyers

At Carola Homes, we believe that buying a property in Spain should be a clear and secure process from the beginning.

We help international buyers find suitable properties across the Costa Blanca, including areas such as Benidorm, Finestrat, Altea, Calpe, Jávea, Torrevieja and Guardamar.

Our service goes beyond finding a property.

We provide personalised support throughout the buying process, with the backing of a specialised legal team that can assist with the legal and administrative aspects of the transaction.

From the initial property search and negotiations to the legal checks and completion process, our aim is to make the experience as clear and straightforward as possible for our clients.

Thinking about buying property in Spain?

Before making an offer or paying a deposit, make sure you understand exactly what you are buying.

Contact Carola Homes to discuss your property requirements and receive professional guidance throughout your purchase on the Costa Blanca.

Carola Homes
Costa Blanca, Spain