Vitalii Mendel Garkavyi
Buying Property in Spain: Legal Support for Foreign Buyers
Property purchase legal services

Property Due Diligence in Spain

Property due diligence checks whether the legal and documentary position of the property matches what the buyer has been offered. A nota simple is essential for registered ownership and charges, but a complete review can also require cadastral, community, planning and contract documentation depending on the property.

Independent property due diligence in Spain: ownership, registered charges, Cadastre, community debts, planning documents and contractual risks before purchase.

Who it is for

  • Buyers before signing arras or a private sale contract.
  • Investors comparing potential acquisitions.
  • Non-residents seeking independent documentary review.

Main requirements

  • Obtain current Land Registry and cadastral information.
  • Request seller documents relevant to the property type.
  • Cross-check key information and identify discrepancies.

Documents

  • Nota simple and registry certification where appropriate.
  • Descriptive and graphic cadastral information.
  • Community-debt certificate and information on approved/planned special assessments where available.
  • Licences, plans, works documentation or other property-specific records.

How it works

  • Check registered ownership and rights/charges.
  • Compare Registry, Cadastre and available physical/property documentation.
  • Review community and contractual risks.
  • Prepare a list of issues and conditions to resolve before completion.

Frequently asked questions

Is a nota simple enough for full due diligence?

No. It is central to registered title and charges, but it does not replace cadastral, community, contractual and, where relevant, planning review.

Why check community debts?

Under the Horizontal Property Act, the acquired property may be legally affected by certain community debts of the previous owner; a debt-status certificate is normally supplied on transfer unless the buyer expressly waives it.

Official sources

Reviewed: 23/08/2026

Property purchase legal services

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