Due diligence is the most critical part of the buying process — especially if you’re a foreigner unfamiliar with Spain’s legal system.
In Valencia, issues like unregistered builds, urban infractions, or hidden debts can easily derail a sale if not caught early.
✅ What Is Due Diligence in a Spanish Property Purchase?
It’s a full legal and administrative check to verify:
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Who owns the property
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Whether debts or charges exist
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If the property matches legal records
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If all construction is legal and licensed
We conduct this check before you sign an arras contract or pay any deposit.
📑 Step 1: Land Registry Extract (“Nota Simple”)
We pull the latest nota simple from the Valencia Land Registry. It shows:
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Current owner(s)
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Encumbrances (e.g., mortgages, liens, embargoes)
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Square meters and property description
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Type of property (residential, rural, etc.)
📌 Inconsistencies between this document and the real property raise red flags.
🧾 Step 2: Cadastral Record Comparison
The Catastro is the government’s property mapping system.
We compare:
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Registered surface area
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Use (urban vs. rustic)
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Boundary lines
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Adjacent plots
✅ This reveals unauthorized extensions, annexes, or layout issues.
🧱 Step 3: Building & Planning Permissions
Especially in rural and coastal areas, many homes in Valencia have:
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Unlicensed pools or garages
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Expired or missing building permits
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Illegal construction in protected areas
We obtain:
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Urban planning certificate (certificado urbanístico)
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Licencia de obra and final de obra
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Any relevant sanctions or demolition orders
💰 Step 4: Debts and Community Fees
You must ensure the property has no debts attached, including:
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Outstanding IBI (property tax)
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Unpaid community fees
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Water, electricity, or gas arrears
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Open fines with the local town hall
✅ We request official debt clearance certificates from each source.
🏖️ Step 5: Rental or Tourist License Check
Planning to use the property for short-term rentals (e.g., Airbnb)?
We verify:
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If the Valencia municipality allows new VT licenses
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Community bylaws and prohibitions
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License history and transferability
📌 Some zones in Valencia have restrictions or moratoriums on holiday lets.
❌ Common Problems We Detect During Due Diligence
Problem | Consequence |
---|---|
Ownership title is incomplete | Sale may be invalid |
Illegal construction | May block registration or resale |
Debts on the property | Buyer inherits them |
Property size discrepancies | Affects legal registration and resale |
Missing licenses | Can trigger fines or demolition |
🧑⚖️ Why Use a Lawyer for Due Diligence in Valencia?
Many foreign buyers rely too much on real estate agents — but agents are not responsible for legal checks.
At Borderless Lawyers, we:
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Perform all registry and planning verifications
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Request certificates from the town hall and tax office
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Review historic documents, building deeds, and notary records
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Provide written due diligence reports before you commit
✅ Everything is explained in your language, clearly and promptly.
📞 Ready to Buy in Valencia With Confidence?
Before paying a deposit or signing anything, let our legal team protect your interests with a full due diligence review.