Buying a property in Malaga is exciting — but many foreign buyers unknowingly take huge legal risks by skipping due diligence or trusting agents alone.
At Borderless Lawyers, we conduct full due diligence to protect you before any deposit is paid.
✅ What Is Real Estate Due Diligence?
Due diligence is the legal investigation of a property before purchase. It ensures:
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The seller legally owns the property
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The home is legally built and registered
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No debts, embargoes, or fines exist
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You won’t face zoning or rental issues
📌 Without due diligence, buyers may lose their deposit or buy illegal property.
🗂️ Our 10-Point Due Diligence Process in Malaga
1. 🔍 Nota Simple (Land Registry Extract)
We confirm:
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Legal owner(s)
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Description and size
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Mortgages, liens, court proceedings
📌 We compare this to the deed and cadastre.
2. 📐 Cadastral Check (Catastro)
We verify:
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Official surface area and boundaries
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Rural or urban land classification
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Discrepancies with title or real size
📌 Mismatches can affect mortgage approval and resale.
3. 🏢 Planning & Zoning Review
We ensure:
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No illegal extensions or renovations
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Property is suitable for residential use
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No protected land or future restrictions
📌 This is critical for villas and rural homes around Malaga.
4. 📝 Urban Situation Certificate (Cédula Urbanística)
We request this from the local town hall to confirm:
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Zoning
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Development permissions
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Habitability or license issues
5. 💸 Debts, Taxes & Utilities
We check:
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IBI (property tax) payments
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Community of owners debts
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Water, electricity, and garbage bills
📌 Debts stay with the property — not the seller!
6. 🔧 Habitation & Occupancy Licenses
We ensure:
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Licencia de Primera Ocupación (new builds)
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Cédula de Habitabilidad (older properties)
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Valid energy performance certificate (EPC)
7. 🏗️ Building Permits
We verify:
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Past renovation permits
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Consistency with what’s built
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No pending fines or inspection failures
8. 🧾 Rental Legality (If Applicable)
For investment properties, we check:
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If tourist rentals are allowed
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Whether the building permits it
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Local moratoriums or zoning limits
9. 🤝 Seller Identity & Power of Sale
We verify:
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Seller’s identity and legal capacity
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No power of attorney abuse
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No minors or incapacitated heirs involved
10. 📸 Site Visit + Surveyor (Optional)
At your request, we coordinate:
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A site visit or video tour
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A technical building survey
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Architectural or environmental assessment
⚠️ Real Case: Buyer Nearly Purchased a Property with an Illegal Pool
A client from Germany nearly bought a villa in Mijas with a stunning private pool.
Due diligence revealed:
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The pool was built without a license
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It couldn’t be legalized
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The fine would be over €20,000
✅ Our due diligence saved the buyer from disaster.
👨⚖️ What Happens After Due Diligence?
If all is clear:
✔️ We recommend proceeding to the arras contract
✔️ All terms are adjusted accordingly
✔️ We continue guiding you through to notary and deed registration
If problems arise:
⚠️ We help renegotiate or cancel the deal — before you lose money
📞 Don’t Risk Buying in Malaga Without Due Diligence
Borderless Lawyers provides bilingual legal due diligence for foreign buyers across Malaga, including Marbella, Nerja, Mijas, and Benalmádena.