Due diligence is where a Spanish property purchase can go seriously wrong if rushed — and it’s entirely the buyer’s (and their lawyer’s) responsibility to check, not something that happens automatically. Here’s the full checklist.
Legal and Title Checks
- Nota simple — confirms the current legal owner, any mortgages, liens, or charges registered against the property (see our dedicated guide on the nota simple)
- Matching description — confirm the registered property description (size, boundaries) matches what’s actually being sold and what you’ve viewed
- Planning/licensing status — verify any extensions, pools, or outbuildings were legally built and registered, not unauthorized additions (see our guide on spotting illegal builds)
- Habitation certificate (cédula de habitabilidad) — confirms the property is legally habitable, required in many regions for utility connections
Financial Checks
- Outstanding community fees — confirm the seller has no unpaid fees that could transfer to you as the new owner
- IBI payment history — verify property tax is current, not in arrears
- Utility bills — check for any outstanding balances tied to the property
- Existing mortgage payoff — if the seller has a mortgage, confirm the process for releasing it at completion
Physical/Structural Checks
- Consider an independent structural survey, particularly for older properties — this isn’t automatic in Spanish transactions the way it often is in the UK
- Check for visible damp, structural cracks, or roof issues
- Confirm the condition of shared elements if buying an apartment (roof, facade, pool, communal areas)
Community/Building-Specific Checks (For Apartments)
- Review recent community meeting minutes for any planned major expenses (special assessments)
- Confirm current monthly community fee and what it covers
- Check if any legal disputes involve the community of owners
Who Does This Work
Your independent lawyer should lead most of this checklist as a standard part of their service — it’s worth explicitly confirming with them which items are included in their fee and which (like a structural survey) require a separate specialist.
Frequently Asked Questions
How long does full due diligence typically take?
Usually 1–3 weeks for a straightforward property, longer if issues are uncovered that need resolution before proceeding.
What happens if due diligence uncovers a problem after I’ve paid a reservation deposit?
A well-drafted reservation agreement should include conditions allowing you to withdraw and recover your deposit if due diligence reveals significant undisclosed issues.
Is due diligence different for new-build properties?
Yes, new-build due diligence focuses more on the developer’s licensing, bank guarantees for staged payments, and construction permits rather than existing title history — see our guide on buying off-plan property.