Most foreign buyers in Spain rely on a lawyer for due diligence — and they should. A good Spanish abogado will run the legal checks, draft the contracts and protect your position. But the buyer still has to read the property. The questions below are the ones you want answered in writing, and ideally before any deposit moves.
1. The Nota Simple
The Nota Simple is the basic extract from the Spanish land registry (Registro de la Propiedad). It is the single most important document in any Spanish property purchase. It tells you, on one or two pages:
- Who the legal owner is
- The legal description of the property
- Any mortgages registered against the property
- Any embargoes, liens or limitations
- Any easements or shared rights
Ask for a recent Nota Simple — issued within the last thirty days. Your lawyer will pull one independently before signing, but reading it yourself early avoids surprises.
2. Occupancy licence and habitability
The Licencia de Primera Ocupación (first occupancy licence) confirms the building was constructed in line with the approved project and is legally fit to live in. For older properties, the equivalent is the Cédula de Habitabilidad. Without one of these, you cannot reliably connect utilities in your name, you cannot legally rent the property out, and you may not be able to obtain a mortgage.
If the seller cannot produce it, the property is not necessarily unbuyable — but the price should reflect the cost and risk of obtaining one retrospectively. In some cases that is straightforward. In others it is impossible.
3. Community fees and ledger
If the property is part of a community of owners (almost any apartment, townhouse or gated villa), you inherit the financial position of that community on day one. Ask for:
- The current monthly community fee (cuota)
- Any extraordinary derramas (special assessments) approved or under discussion
- The community's recent meeting minutes
- A certificate from the community administrator confirming the seller is paid up
A €3,800 monthly community fee paid by all owners for the next 18 months because the lift system is being replaced is a real cost. It will not appear in the listing.
4. IBI and outstanding tax
The IBI (Impuesto sobre Bienes Inmuebles) is the annual property tax, paid to the local town hall (ayuntamiento). Ask for the most recent IBI receipt — it will tell you the annual amount and confirm the seller is current. Outstanding IBI follows the property, not the seller, so unpaid amounts can become yours.
Also ask about basura (rubbish collection tax), which is small but separately invoiced, and the plusvalía municipal — a local tax on the increase in land value, which is the seller's obligation but is sometimes contractually shifted to the buyer.
5. Planning, urbanism and infractions
This is where many Costa del Sol surprises live. Ask the town hall for:
- The urbanism status of the property (urban, urbanisable, rural)
- Whether any extensions, pools or terraces have been built without licence
- Whether there are open infraction files (expedientes) on the property
A villa with an unlicensed pool, an enclosed terrace built as living area, or a casita added without permit is common — and often invisible from the listing. The cost to legalise (or the requirement to demolish) is a real number that belongs on the buyer's side of the table.
6. Energy performance certificate
By law, a property cannot be sold or rented in Spain without a valid Energy Performance Certificate (Certificado de Eficiencia Energética). It is also a useful proxy for a building's running cost: a G-rated villa in Sotogrande can cost €12,000–€18,000 a year to keep cool and warm. An A-rated new build can be a quarter of that.
7. Tourist rental licence (if relevant)
If part of your plan is short-term rental, the property needs a Vivienda Turística licence (in Andalucía), registered with the Junta de Andalucía. Some communities prohibit short-term rental in their statutes — and this is enforceable. The licence question is a separate piece of paperwork to check before assuming any tourist-rental yield is achievable.
8. NIE, bank account and practicalities
To buy property in Spain you need a NIE (Número de Identificación de Extranjero). It is straightforward to obtain through a Spanish consulate or in-country, but it takes time. You will also need a Spanish bank account to pay for the property, the taxes and the ongoing community fees. Start both early. Neither is an obstacle, but both are slow to arrange under pressure.
Ask for the Nota Simple, the occupancy licence, the last IBI receipt and the community administrator's certificate before any reservation deposit. If the seller will not produce these basic documents, the issue is not the documents. The issue is the seller.
9. What this is not
This article is not legal advice. Spanish property law has real complexity around contracts (arras, contrato privado, escritura), taxes (ITP, VAT, AJD, plusvalía) and the obligations of buyer and seller. A Spanish lawyer is not optional — for a foreign buyer, it is the single best money you will spend on the transaction.
The buyer-side checklist above is the layer above the lawyer: the questions you want answered yourself, the documents you want to read, and the position from which you negotiate. It is the difference between a purchase you understand and a purchase you hope is fine.
