Buying Property in Spain: Excitement and Hidden Risks

Buying a home in Spain is a dream for many. Sun, beaches, quality of life… the Costa del Sol has it all. But it can also be tricky terrain if you don’t know the legal system, since behind some dream homes there could be hidden debts, illegal renovations, or community restrictions. Failing to review the right documents can cause serious headaches. That’s why we’re sharing the 6 documents you should never skip when buying property in Spain.

1. Nota Simple: Who Really Owns the Property

The “nota simple registral” is the first document you need. It confirms who the legal owner is and whether the property carries debts such as mortgages, liens, or usufruct rights. Without it, you risk buying a home with someone else’s debts.

→ Where to get it: from the Land Registry (online, from around €10).
→ Who provides it: the seller may show it, but it’s best to request it yourself to ensure authenticity.
→ Paramount tip: make sure it’s less than 30 days old. An outdated nota simple could hide recent changes.

2. Energy Efficiency Certificate: Your Future Bills

Since 2013, this has been mandatory for all property sales. It rates energy consumption from A (very efficient) to G (very inefficient). A poor rating could mean much higher electricity and heating/cooling bills than you expected.

→ Who provides it: the seller is legally required to.
→ Who issues it: an accredited architect or technician, registered with the regional authority.
→ Paramount tip: always ask for the original with an official registration number.

3. IBI and Local Taxes: Don’t Get Stuck with Someone Else’s Bills

The Property Tax (IBI) and other municipal charges such as waste collection or water must be up to date. If they aren’t, the Town Hall can pursue you, the new owner, for those debts.

→ Where to check: at the Town Hall or by asking the seller for receipts.
→ Paramount tip: request at least the last year’s receipts and confirm they’re stamped or bank-paid.

4. Community Statutes: Rules That Could Restrict You

If you buy in a building or urbanization, you’ll be subject to the community’s rules. Many buyers discover too late that they cannot rent to tourists or carry out renovations in their property. Make sure your plans for the home are actually allowed before signing.

→ Where to request them: from the community administrator.
→ What to review: statutes and the minutes of the latest general meeting.
→ Paramount tip: pay attention to clauses on tourist rentals, pets, or renovations.

5. Licenses and Urban Planning Compliance: Beware of Unregistered Renovations

In Spain, it’s common to find homes with extensions or renovations that do not comply with the urbanistic regulation. If they’re not legalized, these works could stop you from selling or mortgaging the property later.

→ Key documents: occupancy license (first occupancy certificate) and updated cadastral record.
→ Where to get them: at the Town Hall and online from the Cadastre.
→ Paramount tip: never trust a casual “everything’s fine, no need for paperwork.” Cutting corners here can cost you a fortune later.

6. Deposit Contract (Contrato de Arras): The Reservation That Protects You

The arras contract secures the purchase: it fixes the price, deadlines, and penalties.

→ Who should draft it: a lawyer who represents your interests.
→ What it must include: price, dates, penalties, and a clear inventory if furniture is included.
→ Paramount tip: never sign an arras contract without legal advice. You could lose your deposit if terms aren’t crystal clear.

Buying property in Spain doesn’t have to be complicated. With these 6 documents in order and the support of a professional team, your purchase will be safe, transparent, and stress-free. Peace of mind is built on clear documents.