Due diligence for property purchases in Spain

Conducting due diligence for property purchases in Spain is a central step in identifying legal risks, debts, and discrepancies before the purchase is finalized. The process differs from Sweden and, in practice, requires the buyer to ensure that necessary checks are carried out, either personally or through a representative.

We help you conduct a structured and legally sound review of the property before purchase.

What does due diligence in property purchases entail?

Due diligence involves a systematic review of the property’s legal, administrative, and in some cases, technical status before a purchase.

The purpose is to verify:

• That the seller is the rightful owner and has the authority to sell the property (including powers of attorney or corporate representation where relevant)
• That the property is registered in the Registro de la Propiedad (Property Registry) and that the information is correct and consistent with the Catastro (Cadastre) and the actual situation
• That there are no encumbrances, registered rights, or debts (e.g., mortgages, embargoes, or fees to the comunidad de propietarios) affecting the purchase
• That the property complies with current building permits, licenses, and planning regulations (e.g., licencia de obra and licencia de primera ocupación where applicable)
• That there are no other legal or factual obstacles, such as ongoing disputes or uncertainties regarding possession

A correctly performed review reduces the risk of future disputes or financial consequences.

What we help you with

We offer a structured review of the property:

• Verification of ownership and registered information
• Review of encumbrances, loans, and registered rights
• Verification against the property registry
• Review of building permits and administrative licenses where relevant
• Identification of legal risks and discrepancies
• Verification of fees associated with the property, such as community fees
• Compilation into a clear report
• Advisory services prior to decision-making

What is checked during due diligence?

The scope may vary depending on the property and situation, but often includes the following areas.

Legal status

• Ownership rights according to the Registro de la Propiedad
• The seller’s authority to dispose of and sell the property
• Registered rights and encumbrances, such as mortgages (hipotecas), easements (servidumbres), or embargoes

Financial conditions

• Debts associated with the property, including loans and collateral
• Fees to the comunidad de propietarios (community of owners), including certificates of no debt
• Property tax (IBI) and other recurring fees

Registration and documentation

• Information in the Registro de la Propiedad
• Comparison with the Catastro (tax registry) and actual use
• Identification of discrepancies in area, construction, or use

Building and permits

• Existence of relevant permits, such as building licenses (licencia de obra)
• Certificates of habitability or use (e.g., licencia de primera ocupación or equivalent)
• Any deviations from approved drawings or planning regulations

Possession and use

• Who actually occupies the property (e.g., tenants or other rights of use)
• Any lease agreements or other rights affecting the buyer

Other risks

• Ongoing disputes or legal processes
• Administrative cases or sanctions (e.g., within urban planning/urbanismo)
• Special conditions or restrictions affecting use or transfer

How it works

1. Information gathering

We collect available documents and information about the property from relevant sources.

2. Review and analysis

We review legal and administrative conditions associated with the property.

3. Identification of risks

We identify any discrepancies, uncertainties, or risk factors.

4. Advisory services prior to decision-making

You receive a summary of the results and a basis for deciding whether to proceed or not.

Common situations

This service is particularly relevant for those who:

• Buying a home in Spain as a Swede
• Conducting a purchase remotely
• Wanting to reduce the risk of unexpected costs
• Buying new construction or an older property
• Needing a clear basis for decision-making

Common risks to avoid

• Debts or fees associated with the property
• Discrepancies in registration or ownership details
• Unauthorized or incorrectly registered constructions
• Unpaid taxes or fees
• Legal restrictions or disputes

In many cases, these risks can be identified before the purchase is completed.

Why choose us?

• Experience in property purchases in Spain
• Knowledge of legal property reviews
• Clear reports and concrete advice
• Structured process prior to decision-making

Take the next step

Do you want to get a clear picture of the property’s legal status before purchase?

Contact us for a review and assessment of the property in question.