Essential Property Checks Before Buying

One of the first documents your lawyer will verify is the property's original building licence (Licencia de Obra or Licencia de Construcción).

This confirms that the property was constructed with the appropriate planning permission issued by the local town hall. Where extensions, swimming pools, terraces, garages, or other structural alterations have been added over the years, these works should also have received the necessary approvals.

Properties containing unauthorised construction can present legal and planning complications, making this one of the most important aspects of the due diligence process.

The Licencia de Primera Ocupación (First Occupation Licence), often referred to as the LPO, confirms that a property has been completed in accordance with its approved building licence and is authorised for residential occupation.

This document is particularly important because it can affect mortgage applications, utility connections, and the property's overall legal status. Although requirements may vary depending on the property's age and location, your lawyer will advise whether the appropriate documentation is in place.

Verifying that a property complies with local planning regulations is an essential part of any purchase.

Your lawyer may request documentation confirming that there are no outstanding urban planning infringements or enforcement proceedings affecting the property. This is especially important for villas, country properties, and homes that have undergone significant alterations over time.

Confirming planning compliance helps minimise the risk of future legal disputes or unexpected obligations.

The Land Registry (Registro de la Propiedad) provides the official legal record of ownership.

A thorough review confirms who legally owns the property, whether there are any registered mortgages or charges, and whether easements, rights of way, or other legal restrictions affect the title. It also allows your lawyer to compare the registered description of the property with its actual physical characteristics.

Ensuring the Land Registry accurately reflects the property is one of the cornerstones of a secure purchase.

Alongside the Land Registry, Spain also maintains the Cadastre (Catastro), which records the physical characteristics and tax information relating to each property.

The Cadastre includes details such as plot boundaries, built areas, and the property's cadastral value, which is used for local taxation. It is not unusual for discrepancies to exist between the Cadastre and the Land Registry, and these should be investigated and, where necessary, resolved before completion.

One of the key objectives of legal due diligence is confirming that the property can be transferred free from outstanding debts or financial liabilities.

This may include checking for registered mortgages, unpaid community fees, local property taxes (IBI), or other charges that could affect the buyer after completion. Your lawyer will ensure that any outstanding obligations are identified and dealt with appropriately before ownership is transferred.

If the property forms part of an apartment building or residential development, your lawyer will also review the position of the relevant Community of Owners.

This includes confirming that community fees are fully paid, identifying any planned extraordinary contributions for major works, and reviewing whether the community is involved in ongoing legal disputes or significant maintenance projects.

Understanding the financial health of the community can provide valuable insight into future ownership costs.

For villas, plots of land, and rural properties in particular, it is important to understand the property's urban planning classification.

Spanish planning regulations distinguish between fully urban land, land designated for future development, and rustic land, where construction is often subject to significant restrictions. Confirming the property's planning classification helps avoid unexpected limitations on future alterations or development.

Many properties have been improved over time through extensions, enclosed terraces, converted basements, guest accommodation, or swimming pools.

As part of the legal review, your lawyer will verify that these alterations have been properly authorised and, where required, correctly recorded in the relevant public registers. Physical improvements that have not been legally regularised can sometimes create complications when selling, financing, or renovating the property in the future.

Spanish law requires most properties offered for sale or rent to hold a valid Energy Performance Certificate (Certificado de Eficiencia Energética).

The certificate provides information about the property's energy efficiency, estimated energy consumption, and environmental performance. While it does not usually affect legal ownership, it offers buyers valuable insight into running costs and potential energy improvements.

A further stage of due diligence involves confirming that essential utilities are correctly connected and legally registered.

This includes verifying the status of water, electricity, and, where applicable, sewage connections. For rural properties, additional checks may be necessary to confirm compliance with local infrastructure regulations.

Before completion, your lawyer will also verify that the seller is legally entitled to transfer ownership and that the sale can proceed without administrative or legal obstacles.

Depending on the circumstances, this may include reviewing ownership documentation, tax matters, or confirming that all necessary parties have authorised the transaction.

Many of the most significant risks when purchasing property in Spain are not immediately visible during a viewing. Instead, they are often identified through careful examination of legal documents, planning records, and public registers.

A comprehensive due diligence process helps identify issues such as planning irregularities, discrepancies between official records, outstanding financial obligations, or documentation that may require updating before completion.

For this reason, instructing an experienced independent property lawyer is one of the most important decisions a buyer can make.

Purchasing property in Spain should be an enjoyable and secure experience. With the right professional guidance and thorough legal due diligence, buyers can move forward with confidence, knowing that their investment has been carefully reviewed before completion.

While every transaction is unique, taking the time to verify ownership, planning compliance, financial obligations, and legal documentation helps ensure a smooth purchase and provides long-term peace of mind for years to come.