In Spain, the basic principle differs from France: it is up to the buyer to check what they are buying. The notary checks that the deed is lawful, but does not carry out an in-depth investigation of the property on your behalf. Here are the checks we carry out every time.
The nota simple: the property's identity card
This Land Registry document shows who the owner is, the official description of the property and, above all, any registered charges: mortgages, seizures, easements, third-party rights. A recent nota simple is the essential starting point for any analysis. We also check that the official description matches the reality on the ground.
Debts that follow the property
Some of the seller's debts can pass with the property: unpaid service charges from recent years and, in practice, recent IBI (council tax). We insist on certificates confirming that everything is up to date before signing.
Planning: the sensitive point for houses
On the Costa Brava, many houses have been extended over the decades, not always with planning permission. An undeclared conservatory, pool or extra floor can block a mortgage, complicate a resale or, in serious cases, lead to an order to restore the property to its original state. We check compliance with the town hall and the land registry (cadastre), and assess the options for regularisation.
The community of owners, for flats
Minutes of recent general meetings, approved works, the state of the accounts: these documents reveal the costs that await you. A facade renovation approved before your purchase is one you will pay for.
A problem spotted before the offer is a negotiating point. The same problem discovered after signing is your problem.
