Key Legal & Technical Checks When Buying Property in Spain
- Building License (Licencia de Obra / Licencia de Construcción)
One of the most important checks.
You must confirm:
- The property was built with a valid building license
- Any extensions, terraces, pools, or renovations were also licensed
If works were done without a license, parts of the property may be considered illegal or “out of planning compliance”.
- First Occupation License (LPO / Licencia de Primera Ocupación)
This confirms the property is legally habitable.
It verifies:
- The building complies with planning permission
- The property is safe for residential use
- Utilities (water/electricity) can be officially connected
Without it:
- Some banks won’t grant mortgages
- Utilities may be difficult to contract
- It may indicate planning irregularities (especially in older or rural properties)
- Certificate of No Urban Infringement (Certificado de No Infracción Urbanística)
This confirms that:
- The town hall has no record of planning violations
- No illegal construction is officially open against the property
- The property is not under demolition risk or legal sanction
Important for rural homes, villas, and properties with extensions.
- Energy Performance Certificate (EPC / Certificado de Eficiencia Energética)
Mandatory in Spain for sale or rental.
It shows:
- Energy efficiency rating (A–G scale)
- Estimated energy consumption
- CO₂ emissions
While not a legal risk issue, it affects:
- Running costs
- Rental attractiveness
- Future renovation requirements
- Land Registry Check (Registro de la Propiedad)
This is one of the most critical legal checks.
It confirms:
- Legal owner of the property
- Exact registered size and boundaries
- Existing mortgages or debts
- Easements or rights affecting the property
If something is not in the Land Registry, legally it may not “exist” in full ownership terms.
- Cadastre Check (Catastro)
This is a separate registry from the Land Registry.
It verifies:
- Tax value (used for IBI and wealth tax)
- Physical description of the property
- Plot size and construction details
Differences between Cadastre and Land Registry are common and must be reconciled.
- Debt & Encumbrance Checks
A property in Spain can carry debts that transfer to the buyer.
Your lawyer must verify:
- Outstanding mortgages
- Unpaid community fees
- Unpaid IBI (property tax)
- Utility debts in some cases
- Community of Owners Status (if applicable)
If the property is part of a building or complex:
Check:
- Are community fees up to date?
- Any special “extra fees” approved?
- Ongoing disputes or litigation?
- Upcoming major renovations (roof, façade, etc.)
- Urban Planning Classification
Very important for villas, land, and coastal properties.
Confirms whether land is:
- Urban (fully buildable)
- Urbanizable (future development possible)
- Rustic (high restrictions / often non-buildable)
This is one of the biggest risk areas in Spain if not checked properly.
- Illegal Extensions / “Anejos” / Modifications
Common issue in Spain.
Examples:
- Enclosed terraces
- Extra bedrooms added
- Basement conversions
- Pool constructions without license
Even if physically built, they may not be legally recognized.
- Utility Legal Status
Especially important for older or rural properties:
Confirm:
- Water supply is legally connected
- Electricity contract is properly registered
- Sewage system is approved (not septic without permission in restricted areas)
- Fiscal Compliance of Seller
Ensure:
- Seller is up to date on capital gains tax obligations
- No tax embargoes on the property
- Correct ownership structure for sale (individual/company/spouse consent if needed)
Why This Matters
Many issues in Spain are not visible in the property itself—they are legal or administrative risks hidden in documentation.
The most important risks usually come from:
- Unlicensed construction
- Urban planning irregularities
- Missing occupancy license
- Undisclosed debts
- Land registry mismatches
Final Advice
A safe purchase in Spain is not just about liking the property—it is about ensuring:
✔ It is legally registered
✔ It is properly licensed
✔ It has no debts or irregularities
✔ It complies with urban planning rules
Because of the complexity of Spanish property law and the number of critical legal checks involved, the lawyer is the key figure in the process, ensuring full due diligence, legal compliance, and protection of the buyer’s interests at every stage.
