Madrid’s real estate market can move fast — but rushing into a purchase without legal checks is a costly mistake, especially for foreign buyers.
At Borderless Lawyers, we conduct thorough legal due diligence on all Madrid property purchases, ensuring you’re protected before signing any contracts.
✅ What Is Real Estate Due Diligence in Spain?
It’s a legal investigation of the property to verify:
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Ownership
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Legal status
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Zoning compliance
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Debts and encumbrances
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Building legality
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Community issues
💡 It’s typically done before signing the arras contract or within a contractual review period.
🧾 What We Check During Due Diligence in Madrid
🧍♂️ 1. Ownership & Title Verification
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Confirm seller’s legal title
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Check for third-party claims (spouses, heirs, lenders)
📜 2. Charges & Encumbrances
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Mortgages, liens, embargoes
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Ongoing litigation or seizure orders
📌 We request a Nota Simple from the Madrid Property Registry.
🏗️ 3. Urban Planning & Building Legality
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Has the building/flat been legally constructed?
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Are there illegal additions, terraces, or attic conversions?
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Is it affected by urban planning changes?
📌 We check with the Madrid Ayuntamiento (City Hall) and local zoning plans.
🛠️ 4. Renovations and Licenses
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Have renovations been permitted?
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Are building permits available?
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Has the property passed inspections?
🧾 5. Community of Owners (HOA) Issues
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Outstanding debts to the community
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Restrictions on usage (e.g., tourist rentals)
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Upcoming costly repairs or structural issues
📌 We liaise with the administrator (administrador de fincas).
💡 6. Utilities & Habitability
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Is the Cédula de Habitabilidad valid?
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Are utility contracts properly transferred?
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Is the property legally habitable or just a “tourist-use” flat?
🏢 7. New-Build Developer Due Diligence
For off-plan or newly built properties:
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Check developer’s reputation and licenses
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Review bank guarantees (aval bancario)
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Inspect project approval and delivery terms
🚫 Common Problems Found in Madrid Property Deals
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Seller doesn’t fully own the property
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Inheritance not registered
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Illegal attic conversions or terraces
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Unpaid taxes or IBI debts
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Community bans on short-term rentals
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Plans for building expropriation
📌 Our due diligence helps you avoid these costly traps before it’s too late.
🧑⚖️ Why Work With Borderless Lawyers?
✔️ Madrid-based real estate lawyers
✔️ Reports in English (or your language)
✔️ Fixed-fee pricing for full due diligence
✔️ Quick turnaround — even for fast closings
✔️ Seamless coordination with agents and sellers
💬 What’s Included in Our Due Diligence Report?
You’ll receive a PDF report with:
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✅ Green/Amber/Red risk rating
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✅ Summary of all findings
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✅ Legal recommendations
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✅ Clear “Go / Don’t Go” decision
📌 We provide fast and honest advice — not vague legalese.
📞 Get a Full Legal Check Before Buying in Madrid
Whether you’ve already found a property or are just starting your search, we can help you buy with confidence.