Buying a home is often a family's biggest investment. That is why it is worth carrying out certain checks before handing over any money or signing. This guide is general; every transaction has its own particularities.

1. Check who owns the property and what charges it has

The nota simple from the Land Registry shows who is registered as the owner and whether the property has charges, such as mortgages or attachments. It is the first document worth requesting, and it should match what the seller says.

2. Check that what is registered matches reality

Make sure the surface area, the description and any renovations match what appears in the Land Registry and the Cadastre. An extension or an enclosed terrace that was never regularised can become a problem for the buyer.

3. Make sure there are no outstanding debts

Before completing the purchase, you should ask for:

  • a certificate that the community of owners' fees are up to date;
  • IBI (property tax) receipts and utility bills;
  • information on any levies approved or planned.

In a property within a community, outstanding debts can end up affecting the buyer, so it is worth checking.

4. Gather the property's documents

Depending on the case, you may need:

  • the title deed;
  • the energy performance certificate;
  • the habitation certificate or equivalent documentation;
  • the community's rules and statutes.

5. Read the reservation contract carefully

Before the deed, a reservation contract (contrato de arras) is usually signed, with which the buyer hands over a sum to reserve the property. It has financial consequences if either party fails to comply, so it should be reviewed before signing, not after.

6. Work out all the costs

Besides the price, a purchase involves other costs: taxes, notary, registry and, if there is a mortgage, associated expenses. Working them out in advance avoids a budget that falls short.

7. Sign with the full picture

The deed is signed before a notary. If everything above has been checked, signing is a formality. If any doubt remains, it is better to resolve it before signing, not afterwards.

When it helps to have a lawyer

A lawyer can review the documents, the reservation contract and the deed, and accompany you throughout the process. It is especially advisable if you buy from a private seller, if the property has charges, or if you do not live in Spain.

If you are thinking of buying, you can contact the firm and we will explain how we can help.

General information only. The application of the Horizontal Property Law and of any other legislation depends on the specific circumstances, the constitutive title, bylaws and resolutions of each community. Each case must be reviewed before acting.

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