Editorial transparency and use of artificial intelligence
This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and is pending substantive review and editorial approval by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.
How do you check if a Spanish property has outstanding debts before buying? In Spain some debts follow the property, not the seller — so an unpaid mortgage, embargo, community fee or IBI can become your problem after completion. Before you sign, four documents reveal almost everything: the nota simple, the community-fee certificate, recent IBI receipts and the utility bills. Your lawyer gathers and reads all four during due diligence.
Reviewed by María Luisa de Castro, abogada (ICA Cádiz nº 2745) — CostaLuz Lawyers has run this exact due-diligence on every purchase since 2006.
The key legal fact is that certain charges “run with the property.” Community fees for the current year and the previous year can be claimed from a new owner, and a registered mortgage or embargo stays attached to the home until it is cleared. That is why checking is not paperwork for its own sake — it is checking what you personally will owe the day after you get the keys.
The four checks before you buy
- Nota simple (Land Registry). Reveals the owner and any mortgages, embargoes or charges registered against the property.
- Community-fee certificate. A certificate from the administrator confirming the seller is up to date; unpaid community fees for the current and prior year can pass to the buyer.
- IBI receipts. Proof the annual IBI property tax is paid; an unpaid IBI can lead to a charge on the property.
- Utility bills. Recent water and electricity invoices confirm supplies are connected, contracted and paid — and flag any illegal connection.
All four are pulled during the due-diligence stage of the conveyancing timeline, before the deposit is at risk. If any shows a debt, it is cleared from the sale price or settled by the seller at completion before the notary — never left for you to discover afterwards.
This check matters even more when buying a repossessed property at a bank auction, where unpaid debts are common and the usual seller guarantees do not apply.
Want a property checked for hidden debts before you commit?
Email marialuisa@costaluzlawyers.es and we will run the full debt and charges check on the property you are considering — free written analysis. Clients since 2006; see our Google reviews.
Frequently asked questions
Can I inherit the previous owner’s debts in Spain?
Some debts run with the property. Community fees for the current and previous year, and registered mortgages or embargoes, can pass to a new owner if not cleared before completion — which is why due diligence matters.
How do I check for a mortgage or embargo on a Spanish property?
The nota simple from the Land Registry lists any registered mortgage, embargo or charge. Your lawyer obtains and reads it before you pay a deposit.
Who confirms the community fees are paid?
The community administrator issues a certificate stating whether the seller is up to date. Your lawyer requests it as part of due diligence before completion.
This article is general information, not definitive legal advice — every purchase differs. Reviewed by María Luisa de Castro, abogada (ICA Cádiz nº 2745).
Checking for debts on a property is one part of pre-purchase due diligence — see our complete legal guide to property investment due diligence for the rest.