Why a checklist matters more in Spain than at home
Most disputes in Spanish property deals trace back to five or six checks that simply never happened — and almost all of them are quick, cheap and obvious in hindsight. Spanish conveyancing puts more responsibility on the buyer than the UK system: there is no equivalent of the standard local-authority search pack, and the agent has no legal duty to disclose problems. This 27-point checklist is the exact list we run with every UK client before a single euro of deposit moves. Print it, hand it to your lawyer, and tick every box.
Legal foundations
- NIE number issued for every buyer named on the deed
- Independent Spanish lawyer engaged (never the agent's choice)
- Power of attorney signed at a notary or consulate if you can't be present
- Nota Simple obtained no more than 7 days before completion
- Lawyer registered with the local Colegio de Abogados
Property and building status
- Registered owner on the Nota Simple matches the seller 100%
- No mortgages, embargoes, tax debts or community-fee arrears attached
- Cédula de habitabilidad (occupancy certificate) valid
- Licencia de primera ocupación in place for any new build
- No illegal extensions, pool houses, terrace closures or unlicensed renovations
- Surface area on the deed matches the actual measured surface
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- Total cost budgeted (price + 11–13% all-in)
- ITP / transfer tax (7% Andalucía resale) included
- Notary, registry and gestoría fees (~1.5%) included
- If financing: written offers from at least three Spanish banks
- Spanish bank account opened in your name and pre-funded
Area and practical checks
- Visited the property at two different times of day
- Travel time to airport, school and gym tested in rush hour
- Community fees explained and last 3 years' AGM minutes read
- IBI (council tax) for last year obtained from the seller
- Local PGOU planning checked for future builds blocking the view
The contract itself (Contrato de Arras)
- Deposit does not exceed 10% of price
- Contract specifies double refund if seller withdraws
- Final completion date clearly defined with penalty for delay
- What's included (furniture, white goods) listed in writing
- Funds never sent direct to seller — always lawyer escrow
After completion
- Modelo 210 (non-resident tax) calendared annually with a gestor
If your lawyer cannot tick all 27 confidently, either fix the gap or walk away. There is always another house.
Want this as a printable PDF? Download the 27-point guide →
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