Buying property in Spain is exciting, but it also comes with serious legal responsibilities. That’s why proper due diligence and a title search are essential before signing any contract.
In this article, we explain:
✅ What due diligence in Spain includes
✅ How to conduct a legal title search
✅ Why skipping these steps can cost you
✅ How a real estate lawyer protects you
🧾 What Is Due Diligence for Property in Spain?
Due diligence is the legal and technical investigation of a property before you buy. It ensures the property:
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✅ Is owned by the seller
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✅ Is registered correctly
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✅ Has no debts, liens, or planning violations
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✅ Complies with zoning laws and urban planning rules
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✅ Matches its legal description (size, use, address)
Think of it as a legal X-ray of the home before you invest.
🧑⚖️ What Your Lawyer Verifies During Due Diligence
1. ✅ Title Search at the Land Registry (Registro de la Propiedad)
Your lawyer requests a nota simple, which shows:
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Legal owner
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Property boundaries
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Mortgages or loans
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Easements or legal restrictions
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Embargos (court orders or debts)
📌 If ownership is unclear or shared, the sale can be blocked.
2. 🧭 Cadastral Check (Catastro Validation)
The Catastro is the tax authority that keeps spatial data (size, use, location). Your lawyer ensures:
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Land Registry and Catastro records match
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No unauthorized extensions or missing meters
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No discrepancies between what’s sold and what’s legally allowed
🚨 Properties with mismatched records can cause fines or denial of registration.
3. 🧱 Urban Planning Compliance
Your lawyer checks:
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✅ Building permits were granted
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✅ No illegal constructions or renovations
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✅ Property is not subject to future expropriation or zoning changes
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✅ The plot complies with coastal or green belt protections (where applicable)
📍 This is especially important in rural or coastal areas.
4. 🧾 Unpaid Debts or Liabilities
A full due diligence report will confirm:
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No unpaid IBI (property tax)
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No utility debts (electricity, water)
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No community charges owed to an HOA
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No outstanding developer guarantees (for new builds)
Even though debts don’t legally transfer, buyers can face issues registering or connecting services.
5. 📑 Verification of the Contract & Arras
Your lawyer:
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Reviews the reservation and arras contracts
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Adds clauses to protect your deposit
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Confirms that the seller’s obligations are clear
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Ensures a fair dispute resolution method
👉 Learn more in our [Contrato de Arras in Spain] article.
⚠️ What Can Go Wrong Without Due Diligence?
Skipping proper checks can result in:
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❌ Buying from someone who isn’t the legal owner
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🔒 Becoming liable for hidden debts or embargoes
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🏗️ Owning a home built illegally or partially
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🧾 Facing fines for undeclared square meters
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⛔ Registration rejection at the notary or Land Registry
A cheap or fast property deal often hides expensive surprises.
🧑💼 Who Performs Due Diligence in Spain?
Only a qualified real estate lawyer (abogado inmobiliario) performs full legal due diligence.
Estate agents, notaries, and even property developers do not perform comprehensive legal checks — and they don’t act in the buyer’s interest.
📍 Is Due Diligence Required for Rural or Off-Plan Properties?
Yes — and it’s even more important in these cases.
🏞️ Rustic or Rural Properties
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Often lack formal registration
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May be subject to agricultural zoning
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Risk of illegal extensions or renovations
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Can have unclear boundaries
🏗️ Off-Plan or New Builds
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Developer reputation check
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Construction license validation
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Verification of bank guarantee or insurance
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Reviewing delivery and penalty clauses
🧑💻 Remote Buyers: We Handle It All for You
Buying from abroad? With a Power of Attorney, our lawyers can:
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Conduct due diligence
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Obtain the nota simple
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Confirm tax and title compliance
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Sign on your behalf at the notary
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Register the deed post-purchase
💼 It’s the safest and easiest way to buy property in Spain from abroad.
💰 How Much Does Due Diligence Cost in Spain?
Due diligence is typically included in your lawyer’s conveyancing fee:
| Property Value | Total Legal Fee (incl. due diligence) |
|---|---|
| Up to €300,000 | €1,500–€2,500 + VAT |
| €300,000–€750,000 | ~0.5–1% of price |
| Over €750,000 | Fixed fee or custom rate |
💡 Be wary of lawyers who skip checks to offer low fees — it’s not worth the risk.
🏢 Work With Spain’s Trusted Real Estate Lawyers
At Borderless Lawyers, we specialize in:
✅ Property due diligence across Spain
✅ Title searches, cadastral checks, planning law
✅ Clear, honest advice in English
✅ Remote service with Power of Attorney
We’ve helped clients in:
📍 Valencia, Barcelona, Marbella, Madrid, Alicante, and Seville
📞 Secure Your Property with Full Legal Protection
Get peace of mind before you sign. Our expert lawyers provide fast, affordable due diligence that protects your investment.