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, before publication, was substantively reviewed and editorially approved 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.
Most legal problems in a Spanish property purchase are avoidable — they are visible in the public record before you sign, if someone actually looks.
Start with the Land Registry extract
The nota simple is the foundation of every other check: it confirms who legally owns the property, its registered boundaries, and any mortgages, charges or embargoes against it. Nothing else in the checklist matters if this document has not been reviewed first.
Confirm there are no hidden community debts
Outstanding community fee arrears attach to the property, not the person who ran them up, and they do not always appear on the Land Registry extract. A direct confirmation from the community administrator that the seller is fully paid up is a standard, separate step.
Verify planning and licence status before you sign
An unresolved planning irregularity or a missing occupation licence is far harder to fix once you already own the property. Checking this before signing, while you still have full leverage to renegotiate or walk away, is far cheaper than discovering it afterwards.
Legal checks and a physical survey are both needed, not either/or
Due diligence covers ownership, debts, and legal compliance. It does not tell you about the physical condition of the building — that requires a separate structural survey. Treating one as a substitute for the other is a common and avoidable mistake.
Timing: before the binding contract, not after
Since Spain has no cooling-off period once the full purchase contract is signed, this checklist needs to be completed during the reservation-contract window — the last point where a problem found can still change the deal, rather than force a costly dispute afterwards.
Call us today on +34 919 499 342 or email marialuisa@costaluzlawyers.es for a full due diligence review before you sign.
Frequently Asked Questions
What is the single most important document to check before signing?
The nota simple, a Land Registry extract showing the current registered owner, the property’s boundaries, and any charges, mortgages or embargoes against it — it is the starting point for every other check.
Do I need to check for debts beyond what is on the Land Registry extract?
Yes. Community fee arrears in particular do not always show on the nota simple, so a separate confirmation from the community administrator that the seller is up to date is a standard, necessary step.
Why check planning and licence status before signing rather than after?
Because an unresolved planning irregularity or a missing licence can be far harder, or impossible, to fix once you own the property — catching it before you sign is when you still have full negotiating leverage or the option to walk away.
Is a property survey part of legal due diligence, or separate from it?
It is complementary but separate — legal due diligence covers ownership, charges, and compliance; a structural survey covers the physical condition of the building. Buyers should budget for both.
How early in the process should this checklist be completed?
Before signing the full, binding purchase contract — ideally during the reservation-contract window, since there is no cooling-off period afterwards to unwind a problem discovered too late.
This checklist only works if completed before you sign — because, unlike some consumer purchases, Spain gives buyers no cooling-off period to change their mind afterwards.