A nota simple and a friendly agent aren't proof a property is debt-free and legal. The checks to run before you sign anything in Spain.
A tidy listing and a friendly agent aren't proof that a Spanish property is debt-free, correctly registered and legally built. Below is a practical checklist for vetting resale property in Spain — work through it before you sign a deposit contract.
1. Get an NIE number early
You need a Número de Identidad de Extranjero (NIE) to buy property, open a Spanish bank account or sign most contracts here. Apply for it early — through a Spanish consulate or in person in Spain — since the process can take longer than buyers expect and shouldn't be left until the week of completion.
2. Pull a Nota Simple from the Land Registry
A Nota Simple from the Registro de la Propiedad shows the registered owner, the property's exact description, and any charges, mortgages or liens against it. Get a current one directly, not a copy the seller hands you — request it again shortly before signing, since a seller can add debt after an earlier check.
3. Confirm the property is legally built and habitable
Check for a valid licencia de primera ocupación (first-occupancy licence) for newer builds, or a cédula de habitabilidad for older ones, and confirm the registered description matches what you're actually viewing — extensions, converted terraces or extra rooms not reflected in the registry are a common source of disputes later.
4. Check community-of-owners debts
If the property is in a building or urbanisation with a community of owners (comunidad de propietarios), ask for a certificate showing the unit has no outstanding community fees — unpaid dues can attach to the property and become the new owner's problem. Also review recent community meeting minutes for planned works that could mean a large upcoming bill.
5. Verify outstanding debts and charges
Beyond the Nota Simple, confirm there's no unpaid IBI (local property tax), no pending embargo, and that any existing mortgage will actually be cancelled at completion — ask for proof of the cancellation arrangement, not just a verbal promise.
6. Use a proper arras (deposit) contract
Spain's typical pre-contract is an arras contract: a deposit — often around 10% — that's legally binding for both sides. Make sure it specifies the price, the completion date, what happens if either side backs out, and any conditions (like mortgage approval) under which you can walk away and recover your money.
7. Understand the closing costs, not just the price
Beyond the purchase price and the transfer tax or VAT, budget for notary fees, land registry fees, and — if you're financing — the bank's arrangement fee and valuation. These typically add a further several percent on top of the price and the tax.
8. Sign the escritura pública and register the title
Completion happens before a notary, who reads out the deed (escritura pública) and confirms the payment. After signing, the deed must be registered at the Land Registry in your name — this is what actually makes your ownership enforceable against third parties, so confirm the registration is filed and don't treat the notary signing alone as the finish line.
FAQ
Do I need to be in Spain to buy? No — a power of attorney lets a lawyer sign on your behalf, but you'll still need an NIE obtained in advance. Is the nota simple enough on its own? It's essential but not sufficient — pair it with a check on community debts, planning legality and, if relevant, an independent valuation. What's a realistic total cost above the price? Tax plus notary, registry and (if financed) bank costs typically add a meaningful percentage beyond the headline price — get a specific estimate for your region and case. Can the seller back out after I pay the arras deposit? Under a standard arras contract, if the seller withdraws they typically must return double the deposit; if you withdraw, you typically forfeit it — but the exact terms are whatever the contract says, so read it carefully. Is a verbal assurance that a mortgage will be cancelled enough? No — get written confirmation of how and when the existing mortgage will be cancelled at completion.
How we help
We run this checklist with you end to end, bring in an independent Spanish lawyer for the registry and community checks, and make sure funds move only against verified conditions. Informational only, not legal advice — confirm the current process and costs for your specific property and region with a qualified professional.