Buying a property abroad is not a small step, which is exactly why you want certainty that everything stacks up legally.
In the UK your conveyancing solicitor catches most risks. In Spain that responsibility sits largely with your lawyer, who runs the due diligence before you are committed to anything. These are the checks that matter.
1. Ownership #
The first question is the simplest one: is the seller actually the owner? Your lawyer checks this at the land registry (Registro de la Propiedad), which shows who owns the property, whether it can be freely sold, and whether anything unusual is attached to it.
Everything else rests on this. If it does not check out, the story stops there.
2. Debts and charges #
In Spain certain debts travel with the property, which means they travel to you as the buyer. This is worth being alert to.
Your lawyer checks for mortgages or charges registered against the property, unpaid IBI, and outstanding community fees. Where debts exist, they have to be cleared before completion.
3. Whether the property is legal #
Not every property in Spain was built entirely legally. That sounds dramatic, and occasionally it is. So the paperwork gets checked: the building licence (Licencia de Obras), the habitation certificate (Cédula de Habitabilidad or Licencia de Primera Ocupación) and permits for any alterations. Your lawyer also checks whether any proceedings are outstanding.
4. Extra checks depending on location #
Not every property needs the same scrutiny.
On the coast. The Spanish coastal law (Ley de Costas) applies and can restrict what you may do with the property and how you may alter it.
Inland or rural. Stricter rules tend to apply around zoning, unauthorised building and utility connections. Rural properties need more investigation, not less.
5. Apartments and developments #
Buying an apartment or a property on a development brings a community of owners into the picture. Check the community’s statutes and rules, its accounts, and any planned works or special levies.
That last one matters. It is how buyers end up contributing to a major renovation weeks after moving in.
Where it usually goes wrong #
Most problems come from haste rather than complexity. Have the legal checks done before you sign anything. Use an independent lawyer, not one introduced solely by the agent. Never transfer large sums without written legal confirmation. And make sure you understand every document, translated if necessary.
In short #
The legal check is not a formality. It is your main protection as a buyer. Done properly, you buy with confidence. Skipped or rushed, you take on risk for no reason. It is why we only work with lawyers we know do it thoroughly.
Last reviewed 2026-08-24
Want this checked against your own situation?
A 20 minute call with a specialist in the region you are looking at, at no cost to you.