Before signing any contract or paying a deposit, foreigners buying property in Madrid must complete full legal due diligence. This is not optional — it’s your only safeguard against buying a property with debts, illegal structures, or unresolved legal problems.
At Borderless Lawyers, we perform detailed legal checks for every foreign client to ensure the property is clean, legal, and safe to buy.
âť“ What Is Legal Due Diligence?
Legal due diligence is the investigation process your lawyer carries out to verify that:
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The seller has the right to sell
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The property is free of hidden debts or charges
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The construction is legal under zoning laws
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The property can be used for its intended purpose (residence, rental, etc.)
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The description matches the Land Registry and Catastro records
đź“‹ What Documents Do We Check?
| Document | What We Look For |
|---|---|
| Nota Simple (Land Registry) | Ownership, charges, mortgages, embargoes |
| Catastro (Cadastral Record) | Surface area, building use, map accuracy |
| Title deed (Escritura) | History of ownership, description |
| Urban planning certificate | Zoning, construction legality, restrictions |
| Occupancy license | Legal habitation approval (cédula) |
| Energy certificate | Required for sale, energy efficiency |
| IBI and local tax receipts | Confirm local taxes are up to date |
| Community fee records | Check for unpaid building charges |
⚠️ Why Due Diligence Matters in Madrid
Madrid’s real estate market includes:
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Many older properties with outdated or mismatched records
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Illegal renovations or extensions
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Inherited properties with multiple heirs
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Urban planning restrictions in protected zones
Without proper checks, you could unknowingly buy:
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A home with unpaid debts
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A property with illegal structures subject to demolition
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A unit with pending fines from the city council
🧑‍⚖️ What We Do at Borderless Lawyers
We provide:
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A complete legal audit of the property
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A plain-language legal risk report
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A breakdown of any zoning or planning issues
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A comparison of Catastro vs. Land Registry
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Negotiation with the seller to fix issues before proceeding
We also advise you on whether to walk away if legal risks are too high.
🕵️‍♂️ Hidden Risks That We Catch — Before You Buy
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Undeclared square meters
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Illegal rooftop structures or terraces
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Missing final works certificates
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Embargoes or unpaid community debts
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Disputes over boundaries or shared walls
These don’t always appear in marketing materials or agent brochures — only in official registries.
đź“‘ Due Diligence Timeline
| Task | Approximate Duration |
|---|---|
| Requesting Land Registry info | 1–2 days |
| Urban planning checks | 3–7 days |
| Community/debt verification | 2–5 days |
| Full report & legal analysis | 7–10 days |
We recommend completing all checks before signing the arras contract.
đź’¬ Final Word
Legal due diligence is the most important part of buying real estate in Madrid — especially if you are a foreign buyer unfamiliar with Spanish law.
At Borderless Lawyers, we:
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Detect risks before you commit
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Help renegotiate or walk away from unsafe deals
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Ensure your investment is legally protected
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Handle the entire process remotely if needed
đź“ž Contact us today for a full legal due diligence review before signing any document in Madrid.