27 points to check before you sign a Spanish purchase contract

Buying Guide

27 points to check before you sign a Spanish purchase contract

22 March 20269 min read

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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

  1. NIE number issued for every buyer named on the deed
  2. Independent Spanish lawyer engaged (never the agent's choice)
  3. Power of attorney signed at a notary or consulate if you can't be present
  4. Nota Simple obtained no more than 7 days before completion
  5. Lawyer registered with the local Colegio de Abogados

Property and building status

  1. Registered owner on the Nota Simple matches the seller 100%
  2. No mortgages, embargoes, tax debts or community-fee arrears attached
  3. Cédula de habitabilidad (occupancy certificate) valid
  4. Licencia de primera ocupación in place for any new build
  5. No illegal extensions, pool houses, terrace closures or unlicensed renovations
  6. Surface area on the deed matches the actual measured surface

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Financial and tax

  1. Total cost budgeted (price + 11–13% all-in)
  2. ITP / transfer tax (7% Andalucía resale) included
  3. Notary, registry and gestoría fees (~1.5%) included
  4. If financing: written offers from at least three Spanish banks
  5. Spanish bank account opened in your name and pre-funded

Area and practical checks

  1. Visited the property at two different times of day
  2. Travel time to airport, school and gym tested in rush hour
  3. Community fees explained and last 3 years' AGM minutes read
  4. IBI (council tax) for last year obtained from the seller
  5. Local PGOU planning checked for future builds blocking the view

The contract itself (Contrato de Arras)

  1. Deposit does not exceed 10% of price
  2. Contract specifies double refund if seller withdraws
  3. Final completion date clearly defined with penalty for delay
  4. What's included (furniture, white goods) listed in writing
  5. Funds never sent direct to seller — always lawyer escrow

After completion

  1. 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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