Due diligence is the legal review that ensures the property you’re buying:
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Is legally owned by the seller
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Is free from debts, embargoes, or liens
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Was built with proper licenses and permits
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Can be legally lived in, rented, or renovated
📌 In Malaga, this is especially critical due to older homes, rural properties, and mixed-use zoning.
🔐 Why Title Searches Are Crucial for Foreign Buyers
In Spain, title defects or hidden debts don’t just affect the seller — they can transfer to you as the buyer.
That’s why we perform a thorough Land Registry check (nota simple) and confirm:
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Registered owner
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Property boundaries
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Mortgages or charges
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Embargoes or tax liens
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Court orders or disputes
✅ This is step 1 before any reservation or deposit.
🗂️ What Does the Due Diligence Process in Malaga Include?
Here’s what our legal team reviews:
| Check | What We Look For |
|---|---|
| Ownership Title (Escritura + Nota Simple) | Matches seller’s ID and property location |
| Debts & Liens | Mortgages, court orders, embargoes, unpaid IBI or community fees |
| Cadastral Data | Matches physical layout, land boundaries, and tax records |
| Urban Planning Status | Is the land zoned for residential use? Is the construction legal? |
| Occupancy Certificate (Cédula) | Is the home legally habitable? Especially critical for mortgages |
| Energy Certificate | Required before any property sale or listing |
| Tourist License or Restrictions | If short-term letting is a goal, we check local regulations |
🏘️ Special Issues in Malaga to Watch For
1. Properties Outside Urban Limits
Inland or coastal properties may:
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Be on protected land (suelo no urbanizable)
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Lack proper construction licenses
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Have unregistered annexes or pools
2. Coastal Protection Zones
Malaga has a 100-meter coastal protection law. Some seaside properties may face:
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Renovation bans
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Easement limitations
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Risk of demolition if built illegally
📌 We confirm compliance with Ley de Costas and municipal plans.
🏛️ Where We Get the Information
We obtain official records from:
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Registro de la Propiedad de Málaga
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Catastro (Cadastral Register)
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Ayuntamiento de Málaga – Urbanismo Department
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Community of Owners (Comunidad de Propietarios)
All documents are translated and explained clearly.
📆 When Does Due Diligence Happen?
Before:
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You sign a reservation or arras contract
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You send any deposit
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You finalize mortgage terms
✅ We deliver a full legal report so you can proceed confidently.
🧑⚖️ What If Problems Are Found?
We:
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Negotiate legal remedies or price reductions
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Add protective clauses to your contract
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Recommend walking away if necessary
📌 In many cases, problems can be resolved — but only if discovered early.
💼 Why Borderless Lawyers?
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100% buyer-focused legal representation
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Fixed-fee due diligence packages in English, French, German, Arabic & more
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Fast access to Malaga registries and urban planning files
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Transparent reports with zero legal jargon
📞 Buying in Malaga? Start With Legal Due Diligence
A beautiful home means nothing if it’s illegal, disputed, or loaded with debt. Let us give you legal clarity before you buy.