Why Real Estate Due Diligence in Spain Matters
Before buying property in Spain, due diligence is essential to avoid legal complications, financial losses, or property disputes. Spanish real estate law places the burden on the buyer to verify a property’s legal status before signing the escritura (title deed).
At Borderless Lawyers, we provide professional due diligence for property buyers—residential, commercial, or investment-related—to ensure a safe transaction and long-term security.
🔍 What Due Diligence Covers in Spain
🧾 1. Property Title & Ownership Verification
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Confirm legal owner through the Land Registry (Registro de la Propiedad)
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Identify any shared ownership, usufruct rights, or third-party claims
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Check for discrepancies between Catastro and actual land registry data
✅ We ensure there’s clear, undisputed ownership before you proceed.
💰 2. Debt, Charges & Encumbrances
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Discover mortgages, liens, embargoes, or debts owed to the community of owners
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Investigate IBI tax arrears or utility debts that may transfer to the buyer
⚠️ You could inherit hidden debts without proper verification.
🏗️ 3. Urban & Zoning Compliance
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Review municipal planning rules and zoning classification
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Confirm that the property was legally built and extended
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Identify if any part of the land is non-urbanizable (suelo no urbanizable)
📌 Especially critical for rural properties (fincas rústicas).
🧱 4. Building Permits & Licenses
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Confirm presence of:
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Construction permits
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First Occupancy License (Licencia de Primera Ocupación)
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Habitability Certificate (Cédula de Habitabilidad)
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Check if renovations or pools were legalized
🏗️ Missing permits can block registration or even lead to demolition.
🧑⚖️ 5. Legal & Judicial Issues
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Check for pending litigation, inheritance disputes, or bankruptcy
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Ensure the seller is legally capable of transferring ownership
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Investigate tenancy contracts or rental obligations
🧾 If the property is rented, Spanish rental laws may limit your use.
🌿 6. Environmental or Coastal Protections
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Identify protected areas under coastal (Ley de Costas) or environmental law
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Confirm if your property is affected by public domain zones
🏖️ Properties within 100 meters of the coast may face restrictions.
🏢 Real Estate Due Diligence for Companies & Investors
For commercial, industrial, or touristic developments, our services include:
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Urban planning reports
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Soil contamination investigations
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Risk mitigation for long-term leases
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Investor reports in line with Spanish & EU standards
📈 Get secure insights before you invest.
🔑 Case Study: Coastal Villa with Hidden Debt
A foreign buyer nearly purchased a seaside villa in Málaga. Due diligence uncovered:
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€42,000 in unpaid IBI taxes
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An unregistered extension without building permits
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Coastal law restrictions within 50m of the beach
Thanks to early legal analysis, the buyer renegotiated the price and required the seller to legalize the works.
🤝 How Borderless Lawyers Can Help
We offer a full real estate due diligence service including:
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✅ Title & ownership checks
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✅ Land registry certification (nota simple)
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✅ Tax & debt clearance
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✅ Architectural reports & zoning compliance
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✅ Legal representation before and during signing
🌐 Bilingual support | 🏡 Local expertise | ⚖️ Transparent process
📞 Secure Your Property Purchase in Spain
Don’t risk buying a property with legal issues. Let Borderless Lawyers guide you through every legal step—so you can invest with peace of mind.