Updated in September 2026 — data verified on that date.

Checklist for buying property in Spain: 15 points to check before signing

A property purchase on the Costa del Sol rarely falls through due to a major legal issue, but often because of a minor detail: an unpaid community charge, an unauthorised extension, or an NIE applied for too late. This checklist summarises our guide to the property purchase process in Spain into 15 practical checks, listed in the order they arise, along with the document to obtain, the deadline and the associated pitfall. Print it out, tick off each item, and entrust points 4 to 10 to an independent solicitor.

Before the search: administrative preparations

Point 1 — NIE obtained and valid

The NIE (Número de Identidad de Extranjero) is essential for signing the escritura, paying the ITP and opening a bank account: without it, nothing can move forward. Apply for it right at the start of the project, using form EX-15 and fee 790-012 (€9.84 in 2026) at the Spanish consulate in Paris, Marseille or Brussels, or in Spain at the Policía Nacional: allow 4 to 6 weeks from France or Belgium, including the appointment. Our page on the NIE for buying property in Spain details the application process via an agent.

Point 2 — Opening a Spanish bank account

A Spanish bank account is not a legal requirement but a practical necessity: the balance is settled at the notary’s office by Spanish bank cheque or traceable bank transfer, and the IBI, service charges and suppliers’ payments are debited from a Spanish IBAN. Banks require a passport, NIE, proof of income and, for non-residents, a certificado de no residencia. Open the account before paying the deposit: this is the most common cause of delay.

Point 3 — Total budget calculated (price + 10 to 13 per cent in fees)

The budget for a purchase in Andalusia is the price plus 10 to 13 per cent: 7 per cent ITP for second-hand properties, or 10 per cent VAT plus 1.2 per cent stamp duty for new-builds, plus notary, land registry, solicitor’s fees and, if taking out a mortgage, the property valuation. A breakdown by item is set out in our guide to purchase costs in Spain.

During due diligence: legal checks

Point 4 — Up-to-date ‘nota simple’ with no encumbrances

The ‘nota simple’ is the extract from the Land Registry (Registro de la Propiedad) which names the registered owner and lists mortgages, seizures and easements. Request one issued within the last 10 days as soon as you make an offer: the seller must be the registered owner (or hold a power of attorney), and any mortgage must be discharged at the seller’s expense on the day of the deed. Our page on the ‘nota simple’ in Spain explains how to read it line by line.

Point 5 — Planning compliance (PGOU, licence to occupy)

The property must comply with the municipal town planning scheme (PGOU) and have a ‘licencia de primera ocupación’ or ‘licencia de ocupación’. In Andalusia, Law 7/2021 (LISTA) sets the limitation period for planning offences at six years (Article 153): an older unauthorised villa or extension may be regularised under the AFO scheme, whilst a more recent one may be subject to a demolition order. A planning certificate from the local council settles the matter; this is at the heart of property due diligence and NOMA’s Property Check 360°.

Point 6 — Consistency between the cadastre, the land registry and the actual situation

Compare three area measurements: that shown on the land registry (sedecatastro.gob.es, free of charge), that on the ‘nota simple’ and that measured on site. A swimming pool or a floor missing from the land registry indicates undeclared building work; a discrepancy of more than 10 per cent requires georeferencing prior to registration (Law 13/2015).

Point 7 — Settled service charges

Article 9.1.e of the Ley de Propiedad Horizontal makes the buyer liable for any unpaid service charges for the current year and the three preceding years. Insist on a ‘certificado de deudas’ signed by the administrator, dated within the last 7 days prior to signing, and request the last two minutes of meetings: any approved call for funds relating to the façade or lift is transferred with the flat.

Point 8 — Valid energy performance certificate

The energy performance certificate has been mandatory for sales since 2013 and is governed by Royal Decree 390/2021; it is valid for ten years (five years for a G rating) and must be registered with the Junta de Andalucía. A seller who does not have one must arrange for it to be issued at their own expense (approximately €100 to €250).

Point 9 — Up-to-date IBI and IRNR

Ask for the latest receipt showing payment of IBI and, if the seller is a non-resident, their IRNR tax returns: any outstanding IBI debts from the last four years remain with the property (afección). There are two specific consequences for non-resident sellers: the buyer withholds 3 per cent of the price and pays it to the Treasury via Form 211 within one month, and the buyer becomes secondarily liable for the municipal capital gains tax if this remains unpaid. You yourself will be liable for IRNR from the following year (see our page on taxation for non-residents in Spain).

Before signing: preparing the contract

Point 10 — Contrato de arras verified by your solicitor

The ‘contrato de arras’ binds both parties with 10 per cent of the purchase price: if the buyer withdraws, they forfeit the deposit; if the seller withdraws, they must repay double the amount, provided that the contract specifies ‘arras penitenciales’ (Article 1454 of the Civil Code). Have it checked before signing: deadline for the deed, what happens to the furniture, who bears the costs, and the suspensive clauses relating to the loan and the occupation licence.

Point 11 — Confirmed financing (if a mortgage is involved)

A Spanish bank lends non-residents 60 to 70 per cent of the valuation, with a firm offer (FEIN) valid for ten days and a total processing time of 4 to 8 weeks: sign the arras with a suspensive clause conditional on obtaining the loan or following written agreement in principle. The terms and conditions are compared on our page on Spanish mortgages for non-residents.

Point 12 — Notarial power of attorney for remote purchases

If you are unable to be present, a power of attorney (poder notarial) allows your solicitor to sign the deposit agreement, the deed of sale (escritura) and to complete the tax formalities. If drawn up before a Spanish notary, it takes effect immediately; if drawn up before a French or Belgian notary, it must be apostilled and translated, which takes two to three weeks.

On the day of signing and afterwards

Point 13 — Final check of the ‘nota simple’ (D-1)

The day before the deed is signed, request another ‘nota simple’: there is often a gap of two or three months between the deposit and the signing, during which a seizure, a mortgage or a preventive annotation may have been registered. The Spanish notary also requests an updated extract, but they will not comment on it for you and will not refuse to sign.

Point 14 — Home insurance taken out

There is no legal requirement for home insurance in Spain, but the bank requires a ‘seguro de daños’ (fire insurance) as soon as there is a mortgage, and the owners’ association only insures the communal areas. Take out the policy so that it comes into effect on the day the keys are handed over; cover and premiums are compared on our page on property insurance in Spain.

Point 15 — Registration on the municipal register (Empadronamiento) and direct debit arrangements for the IBI

After the deed of sale, three steps complete the process: setting up direct debit for the IBI and refuse collection charges from your Spanish bank account with the Patronato de Recaudación de Málaga, transferring the water and electricity contracts, and registering the property with the Land Registry. Empadronamiento (registration with the local council) is only compulsory if you reside in Spain for more than six months a year; the benefits and tax implications are explained on our page on empadronamiento.

These 15 points are exactly the ones that NOMA, the buyer’s agent, goes through with you and your solicitor, from the initial search right through to the ‘nota simple’ in your name, as part of our method. For an overview of the process, please refer to our guide to buying property on the Costa del Sol.

Checklist for buying property in Spain: your questions

What is the most important point on this checklist?

Checking the ‘nota simple’, which should be done at least twice: at the start of the due diligence process, to identify the owner and any encumbrances, and the day before signing at the notary’s office, to ensure that no seizure or mortgage has been registered in the meantime. A ‘nota simple’ costs around ten euros online and can be obtained within a few hours.

Can you carry out these checks yourself?

Some, yes: the NIE, the bank account, the budget and checking the land registry are all within the buyer’s reach. Legal due diligence (planning permission, service charges, deposit agreement) must be entrusted to an independent property solicitor, at a cost of around 1 per cent of the purchase price: neither the seller’s estate agent nor the solicitor will carry this out on your behalf.

How long before the purchase should you start working through this checklist?

Ideally, two to three months before making an offer. The NIE alone takes 4 to 6 weeks from France or Belgium, and securing Spanish bank financing takes 4 to 8 weeks; between the deposit and the deed of sale, you should then allow 30 to 90 days.