Before Buying Property in Spain: The Complete 2026 Checklist

Why check the property before making an offer?

A successful viewing is not enough to establish that the purchase is legally, technically and financially suitable.

A property can appear to be in good condition while still involving:

• a registered mortgage or attachment;

• a difference between the actual and declared surface area;

• an unregularised terrace, swimming pool or extension;

• unpaid owners’ association charges;

• major works already approved;

• a missing or expired cédula de habitabilidad;

• a tenant or occupant with rights;

• tourist use that is impossible or cannot be transferred;

• restrictions imposed by the owners’ association or municipality.

The Generalitat de Catalunya recommends checking matters including surface area, age, installations, building condition, accessibility, charges, planned works and restrictions on use.

Before the arras contract is signed, Lucas Gestion checks the property’s legal and administrative position: ownership, registered charges, mortgages, unpaid IBI, amounts due to the owners’ association and other matters that may affect the sale.

If charges or debts are found, Lucas Gestion coordinates their regularisation or cancellation or, where necessary, the retention from the seller of the corresponding amount at completion. The objective is for the buyer to acquire the property free of the property-related charges and debts that must be settled by the seller.

1. Define the project precisely

Before starting viewings, decide whether the property is intended as:

• a principal residence;

• a second home;

• a year-round rental;

• a temporary rental;

• a tourist rental;

• a property investment;

• a renovation followed by resale.

This decision affects the municipality, neighbourhood, property type, finance, taxation and checks required.

2. Calculate the total budget, not only the asking price

The advertised price is only part of the budget.

Depending on the transaction, you should also allow for:

• purchase taxes;

• notary and Land Registry fees;

• administrative expenses;

• banking and finance costs;

• initial owners’ association charges and local taxes.

For a resale property in Catalonia, approximately 12% to 15% above the price can serve as a prudent initial estimate for purchase taxes and costs, excluding finance. This does not replace an individual calculation.

The Agència de l’Habitatge de Catalunya explains the general allocation of costs between seller, buyer and lender.

Lucas Gestion can prepare a detailed estimate of taxes and costs so that the buyer knows the overall budget before making an offer.

3. Prepare your finance before starting the search

If the purchase depends on a mortgage, borrowing capacity should be assessed before viewings begin.

A Spanish bank will consider:

• income;

• professional stability;

• existing borrowing;

• available savings;

• tax residence;

• the bank’s valuation;

• the proportion of the price funded by the buyer.

Where finance is essential, the condition must be stated clearly in the offer and private contract. A financing condition used in the United Kingdom, United States or another country does not automatically operate in the same way in Spain.

The Catalan Consumer Agency explains that the purchase and mortgage are separate contracts: the buyer’s commitment to the seller does not automatically disappear if the bank refuses the loan.

4. Prepare the NIE and personal documents

Every foreign buyer, including British, American and other non-EU buyers, needs a NIE—the Número de Identidad de Extranjero—for the tax formalities connected with the purchase.

Depending on the circumstances, prepare:

• a valid passport or identity card;

• civil-status information, including the matrimonial property regime and any marriage agreement;

• evidence of the source of funds;

• bank documents;

• a valid power of attorney if the buyer will not travel. Foreign documents may require an apostille or legalisation and a sworn Spanish translation.

5. Obtain recent information from the Land Registry

The nota simple contains the essential registered information: property description, owners and charges such as mortgages, attachments, easements or restrictions.

The Colegio de Registradores allows buyers to request a nota simple and explains its informative status. A Registry certificate has a different evidential value; the Registry explains the distinction here.

A mortgage does not necessarily prevent a sale, but repayment and removal from the Registry must be organised correctly. Older charges may also remain registered after their economic basis has ended and must not be ignored.

6. Compare the Registry, Cadastre, deed and physical property

The documents do not always describe the property in the same way.

You should compare:

• the built area;

• the usable area, where available;

• the plot;

• terraces and annexes;

• garage or parking space;

• swimming pool;

• extensions;

• layout;

• address and cadastral reference.

A difference is not automatically serious, but it must be understood before buying.

The Consejo General del Notariado explains that the notary checks the cadastral reference and identifies discrepancies between the Cadastre, deed and Registry.

7. Check the cédula de habitabilidad

In Catalonia, the cédula de habitabilidad confirms compliance with minimum habitability requirements.

The Generalitat explains that it is needed for certain water, electricity and gas formalities and has a limited validity period. Official information is available about the documents the seller must provide and the cédula de habitabilidad.

You should check:

• that it exists;

• that it corresponds to the property being purchased;

• that it remains valid;

• that the number of rooms and surface area do not reveal a significant inconsistency.

8. Check the energy performance certificate

Subject to legal exceptions, the seller must normally provide a valid energy performance certificate. The Consejo General del Notariado confirms that the notary requests it.

It provides energy information but does not replace inspection of the installations, insulation, windows, heating or air conditioning.

9. Examine the owners’ association

For an apartment or property in a residential complex, request:

• ordinary charges;

• recent meeting minutes;

• approved or proposed works;

• possible special assessments;

• rental restrictions;

• the building’s technical-inspection position.

The notary normally requests a certificate concerning owners’ association debts unless the buyer expressly waives it. This should not be waived without understanding the consequences. The Spanish Notariat explains this check.

10. Check whether the property is vacant or occupied

You need to establish whether the property is:

• free from any occupant;

• rented year-round;

• rented temporarily;

• operated as a tourist rental;

• occupied by a relative or third party;

• subject to a right of use or usufruct.

A tenancy does not necessarily end on sale. Its date, duration, conditions and the tenant’s rights must be reviewed. The deed must state the rental position, but the matter should be resolved before the private commitment if the buyer requires immediate possession.

11. Frame the offer and deposit correctly

A written offer should state at least:

• the property concerned;

• the proposed price;

• the essential conditions;

• what happens to any amount paid.

Where a deposit is paid to the agency, the document must explain when it is credited towards the price and when it is refunded. It may be returned if the seller rejects the offer. If the seller accepts and the buyer withdraws without contractual protection, the amount may be non-refundable under the signed document.

Never transfer money solely on the basis of an oral explanation.

12. Review the arras contract before signing

The contrato de arras penitenciales generally states:

• the parties’ identity;

• the property description;

• the price;

• the amount paid;

• the notarial completion deadline;

• allocation of certain costs;

• charges and occupancy;

• special conditions;

• consequences of withdrawal or default.

Where arras penitenciales are expressly agreed, a buyer who withdraws normally loses the deposit, while a seller who withdraws normally returns twice the amount.

The Consejo General del Notariado explains that a private contract is valid and binding. The notary does not generally prepare it, so essential clauses should not be left until the deed is signed.

13. Understand what the notary checks

The Spanish notary checks in particular:

• the identity and legal capacity of the parties;

• the title deed;

• the Registry situation and charges;

• certain cadastral information;

• the means of payment;

• the owners’ association certificate;

• the energy performance certificate;

• the documents required for the deed.

The notary advises both parties impartially and gives the deed its legal security.

Final checklist before the offer or arras

• Does my budget include all taxes, fees and works?

• Is my finance sufficiently advanced?

• Has a recent nota simple been checked?

• Have mortgages and other charges been identified?

• Is the cédula de habitabilidad valid?

• Is the energy certificate available?

• Are any works or special assessments planned?

• Will the property be vacant on completion?

• Are the essential conditions recorded in the offer and arras?

Jumaros support before the purchase

Jumaros Immobilier assists the buyer in defining the project, selecting properties, viewings, the offer and negotiation.

Our support does not end with the viewings. Lucas Gestion checks the property’s legal and administrative position and coordinates the regularisation of any charges or debts before the sale. The file is prepared so that the buyer can complete safely and acquire the property free from charges that were the seller’s responsibility.

Lucas Gestion, the group’s administrative department, also collects and organises the documents, prepares the file with the notary and follows the administrative and tax formalities connected with the purchase.

This organisation allows checks to begin before the arras contract rather than only as completion approaches.