Buying a property in Spain is an exciting step, but before committing to a purchase, it is important to understand exactly what you are buying and whether the property and its documentation are in order.

For international buyers, Spanish property paperwork can sometimes seem complicated. Documents such as the Nota Simple, Escritura and Catastro all provide different information, while questions about extensions, planning permissions and legalisation may require additional checks.

A professional estate agent can help coordinate the process, while an independent lawyer, gestor or technical professional can provide specialist advice where necessary.

During the Viewing: What Should You Ask?

The first viewing is mainly about deciding whether the property, location and price are right for you. You may not yet have access to all the property's documentation, so there is no need to go through every legal detail at this stage.

However, some useful questions include:
- Is the property fully registered?
- Are there any extensions or additional constructions?
- Are all constructions legalised?
- Does the property have the relevant habitation or occupancy documentation?
- Are there any known planning or legal issues?
- Is the property part of a community of owners?

If you decide that the property is right for you and agree on a price with the seller, the more detailed due diligence can begin.
Once You Agree on the Price: Checking the Documentation
This is the stage at which the important property documents should be collected and reviewed.

The Nota Simple

The Nota Simple is obtained from the Spanish Land Registry and provides important information about the registered property.
It normally identifies the registered owner and can show mortgages, embargoes, usufructs or other registered rights affecting the property. It also contains the registered description of the property.

You should check:
- Who is registered as the owner?
- Does the property description correspond with the property?
- Does the registered surface area make sense?
- Are there any mortgages or other charges?
- Are there any restrictions or registered rights?

The Nota Simple is an informative document. It does not, by itself, confirm that every physical construction on a property complies with planning regulations.

The Escritura

The Escritura Pública is the public deed relating to the property and is an important part of the property's documentation.
For a resale property, the existing Escritura can be compared with the Nota Simple, Catastro and the physical property.
Differences between these documents can occur and do not automatically mean that there is a serious problem. What matters is understanding why the information differs and whether anything needs to be corrected or regularised.

The Catastro

The Catastro is Spain's cadastral system and contains information about the location and physical characteristics of a property.
The cadastral information should also be reviewed, particularly where a property has:
- Extensions
- Swimming pools
- Garages
- Guest accommodation
- Additional buildings
- Additional floors

The Land Registry and Catastro are separate systems, so their information does not always correspond exactly. Any significant discrepancy should be investigated.

Documentation and Legalisation Are Different

This is an important distinction when buying property in Spain.
A property can be registered in the Land Registry while questions may still exist about whether every part of the physical property has the appropriate planning or building documentation.
For example, a property may have an enclosed terrace, additional bedroom, swimming pool or extension that was added after the original construction.

The fact that the construction physically exists does not necessarily mean that it has been properly authorised.
This is why registration and legalisation need to be considered separately.

What If Something Is Not Legalised?

A discrepancy is not automatically a reason to walk away from a property.
The first step is to establish exactly what the issue is.

You may need to establish:
- What construction is affected?
- When was it built?
- Was planning permission required?
- Was permission obtained?
- Can it be legally regularised?
- What documentation is required?
- Who is responsible for the process?
- What could it cost and how long could it take?

Depending on the situation, an independent lawyer, architect or other qualified professional may need to assess the property.

The Habitation or Occupancy Certificate

Depending on the property and municipality, documentation relating to legal occupation may also be relevant.
This may include a Licencia de Ocupación, Licencia de Primera Ocupación or other applicable documentation.

The exact requirements can vary according to the municipality, the age of the property and whether it has subsequently been modified.
If this documentation is relevant to the property, its status should be established before committing to the purchase.

Other Important Checks

The paperwork is not limited to the property itself. Before proceeding, you should also establish whether there are outstanding financial or community obligations.

IBI

The IBI is the annual local property tax. Check that it is paid up to date and establish the current annual amount.

Community Fees

If the property belongs to a community of owners, check that community fees are paid and whether there are any approved or expected extraordinary contributions, known as derramas.

Mortgages and Other Charges

If the property has an existing mortgage or another registered charge, establish how this will be dealt with before completion.
An existing mortgage does not necessarily prevent a sale, but the process for cancelling or resolving the charge should be clear.

Before Signing the Contrato de Arras

The Contrato de Arras is an important commitment, so unresolved issues should be addressed before signing.
If documentation is still outstanding or a legalisation process needs to be completed, do not rely only on a verbal agreement that it will be resolved later.

Depending on the circumstances, the agreement may need to specify:
- Which documents still need to be provided
- Which issues need to be resolved
- Who is responsible
- What needs to happen before completion
- What happens if an agreed condition cannot be fulfilled

The exact wording and legal consequences should be reviewed by a qualified lawyer.

Who Should Check the Paperwork?

Different professionals have different roles during a property purchase.

Estate Agent
A local estate agent can coordinate communication between buyer and seller, help identify potential issues and guide you through the purchasing process.

Lawyer
An independent property lawyer can carry out legal due diligence and review contracts, ownership, charges and legal risks.

Gestor
A gestor can assist with administrative and tax-related matters.
Architect or Technical Professional
Where there are questions about construction, planning or legalisation, an appropriately qualified technical professional may need to inspect the property.

Why Work with a Local Estate Agent?

For an international buyer, having someone who understands the local property market and purchasing process can make a significant difference.

At Select Estates, we help buyers navigate the Costa Blanca property market, coordinate communication with the seller and the professionals involved, and make sure the right questions are asked at the right stage.

We believe buying a property should be about more than finding the right house. It is about understanding what you are buying and making informed decisions throughout the process.

Costa Blanca Property Purchase Checklist

Before committing to your purchase, make sure you have considered:
- Ownership and registered property
- Nota Simple
- Escritura
- Catastro
- Extensions and additional constructions
- Legalisation and planning status
- Habitation or occupancy documentation
- IBI
- Community fees and possible derramas
- Mortgages and other registered charges
- Outstanding documentation
- Conditions that need to be included in the contract
- Independent legal or technical advice where necessary

Buying with Confidence

Buying a property in Spain does not need to be complicated, but it does require the right checks at the right time.

You do not need every document in your hands before your first viewing. Once you have agreed on the property and price, however, it is important to carry out the appropriate due diligence before making a significant contractual commitment.

If something does not match, find out why. If something needs to be legalised or corrected, understand what is required before moving forward.

At Select Estates, we help buyers navigate the Costa Blanca property market from the initial search through to completion, working alongside the independent professionals involved in the transaction.
The goal is simple: understand what you are buying, understand the paperwork and make informed decisions before you commit.