Updated in September 2026 — data verified on that date.

Property due diligence in Spain: essential checks before buying

A villa in Mijas with a 60 m² extension that has never been declared, a flat in Fuengirola where the seller owes three years’ worth of service charges, a plot of land in Casares that is not buildable: none of this is apparent during a viewing. It can only be found in documents that nobody will hand over to you of their own accord.

Property due diligence refers to all the legal, planning, tax and technical checks carried out before signing. In our guide to the property purchase process in Spain, it forms step 4, between the reservation and the deposit.

Why due diligence is even more critical in Spain than in France

Due diligence is more critical in Spain because no one there is legally responsible for protecting the buyer. In France, as in Belgium, the notary gathers town planning information before the deed is drawn up; in Spain, their duty is limited to checking the land registry. José Ángel Martínez Sanchiz, a notary in Madrid, puts it this way in *El Notario del Siglo XXI*: the notary “must verify ownership and the status of encumbrances” before authorising the deed. The physical condition of the property, the legality of the buildings and any communal charges fall outside the scope of this check.

The stakes are high: the Junta de Andalucía has identified 327,583 unauthorised dwellings, around 10 per cent of Andalusia’s housing stock, a large proportion of which are located in the hillside villa developments. The limited role of the Spanish notary means that an independent solicitor is required, and the ‘contrato de arras’ is never signed until the checks have been completed: with no cooling-off period, anything not identified beforehand is forfeited.

The 10 essential legal checks

A comprehensive due diligence process in Spain is based on ten checks, each supported by a specific document.

Planning verification: PGOU, occupancy licence, AFO

The town planning check answers one question: is what has been built legally permitted? The PGOU (Plan General de Ordenación Urbana) sets out what may be built on each plot; the building permit authorises construction; the first occupancy licence (LPO), issued by the local council, certifies that the building complies with the permit and is fit for habitation. Without an LPO, no water or electricity contracts can be obtained, and banks generally refuse to provide financing.

‘AFO’ (asimilado a fuera de ordenación) refers to the status of a building erected without a licence, against which the local authority can no longer take action once the six-year limitation period has expired. Decree-Law 3/2019 of the Junta de Andalucía allows for its recognition: the property can be registered and connected to utilities, but it is not legalised: no extensions, no post-disaster reconstruction, and securing bank financing is very difficult.

Cadastral and Land Registry checks

The ‘nota simple’ from the Land Registry (Registro de la Propiedad) is the key document for due diligence: it details the owner, a description of the property, mortgages, seizures and registered easements. According to the Colegio de Registradores, it can be obtained online for €9.02 (excluding VAT) in under two hours. Your solicitor will request it twice – at the start of the process and the day before the deed is signed – as a seizure order may be registered in the meantime. A clause-by-clause analysis of the document is covered on our page dedicated to the ‘nota simple’.

The Catastro is the basis for taxation: the land area and cadastral value used for the IBI. The Land Registry and the Cadastre do not always match: in housing developments from the 1970s to the 1990s, a villa registered as 180 m² is often recorded as 260 m² in the Cadastre, indicating an undeclared extension and, frequently, one carried out without planning permission. The notary can reconcile the two records at the time of sale (Law 13/2015), provided the actual description is lawful.

Checking charges and debts: community fees, IBI, mortgage

In Spain, certain debts of the seller are attached to the property. Article 9.1.e of the Ley de Propiedad Horizontal makes the buyer liable, in respect of the property purchased, for any unpaid service charges for the current year and the three preceding years. The seller must provide a certificate of debts signed by the administrator, issued within seven days; the notary requires this unless the buyer expressly waives this requirement. Never waive this requirement, and also ask for the minutes of the last two general meetings: the certificate does not cover any ‘derramas’ (contribution calls) that have been voted through.

The IBI (property tax) follows the same principle: the property is liable for any unpaid property tax for financial years not yet time-barred. A registered mortgage is discharged at the time of the deed by means of a cheque drawn against the purchase price; the cost of the discharge (approximately €500 to €1,000) is borne by the seller.

Technical inspection: condition, hidden defects, energy performance certificate

The technical inspection provides protection against what Spanish law does not adequately cover: the warranty against hidden defects (Article 1484 of the Código Civil) lasts only six months and requires proof of a pre-existing and invisible defect. An inspection by an architect or an aparejador (approximate cost: €300 to €800) is better than a court case.

Two documents are mandatory. The certificado de eficiencia energética, required for all sales under Royal Decree 390/2021, must be provided to the buyer; failure to do so exposes the seller to a fine of €300 to €6,000. The ITE or IEE (technical building inspection), required by most local councils for buildings over 50 years old, may result in shared costs if the report is unfavourable.

Specific checks for off-plan properties

When buying off-plan, due diligence focuses on the developer and the project. Five key points: the building permit (licencia de obras) must have been granted, not merely applied for; the developer’s ownership of the land, as shown on the land registry extract (nota simple) for the plot; the bank guarantee or insurance covering your payments (Law 20/2015); the developer’s solvency as recorded in the Commercial Register; the ten-year structural warranty (seguro decenal). The specifications (memoria de calidades) must be attached to the contract; guarantees and the timetable are detailed on our page about off-plan new-build flats in Spain.

Specific checks for a plot of land or a finca

When it comes to land or a finca, the key issue is the land classification: ‘urbano’, ‘urbanisable’ or ‘rústico’. In Andalusia, Law 7/2021 (LISTA) strictly regulates building on rústico land, and a finca sold ‘with the possibility of building’ almost never actually has this possibility. The solicitor checks the urban planning certificate, access (public road or registered right of way), water rights, the electricity connection and any unregistered buildings. Our pages on buying a finca in Spain and buying land on the Costa del Sol go into more detail on each point.

Who carries out the due diligence? A solicitor, an estate agent or yourself

Due diligence must be carried out by an independent solicitor, registered with the Málaga Bar Association (Colegio de Abogados de Málaga), appointed and paid for by you. The estate agent represents the seller and has no obligation to bring any issues to your attention. You can read the ‘nota simple’ and the land registry records yourself; however, a General Urban Development Plan (PGOU) or an urban planning disciplinary case requires a professional.

NOMA, acting on behalf of the buyer, is not a law firm: its Property Check 360° gathers the documents, inspects the property and coordinates with the solicitor of your choice.

How much does a full due diligence check cost?

A full due diligence check costs between €1,000 and €2,500 for a standard property, including solicitor’s fees. Solicitors on the Costa del Sol charge around 1 per cent of the purchase price plus 21 per cent VAT for the full service, with a minimum of €1,500 to €2,500.

On a purchase of €350,000, this represents less than 1.5 per cent of the price, whereas an unauthorised extension requiring demolition or an inherited debt can cost between €10,000 and €60,000. Our 15-point purchase checklist sets out these checks in chronological order.

Due diligence in Spain: your questions

Doesn’t the Spanish notary carry out due diligence?

No. The Spanish notary verifies ownership and any encumbrances recorded in the land registry, then authenticates the sale. They do not check the property’s compliance with town planning regulations or its condition. Due diligence is the responsibility of the buyer and their independent solicitor.

How much does a solicitor cost for due diligence in Spain?

Approximately 1 per cent of the purchase price plus 21 per cent VAT, with a minimum of €1,500 to €2,500 depending on the law firms on the Costa del Sol in 2026. This flat fee generally covers the checks, the deposit, the deed and registration in the land registry.

What are the main risks without due diligence?

Buying an illegal property or one with an AFO (temporary building permit), which cannot be financed or extended; inheriting service charges (current year plus three years) or unpaid IBI; discovering a registered attachment between the deposit and the deed, or a tenant already in occupation. Each case can cost between 10,000 and several tens of thousands of euros.