Buying property in Spain: a lawyer’s essential checklist

Acquiring property on the Costa del Sol is straightforward when the legal sequence is correct. It becomes expensive when it is not. This guide outlines the essential checks that should precede any reservation or private contract.

Title and charges. The first instruction is always a full Nota Simple from the Land Registry, followed by a deeper title review where necessary. You need clarity on ownership, mortgages, embargoes, easements and any pending legal proceedings. A clean façade is not evidence of clean title.

Planning and building status. For villas and plots especially, verify that what stands on the land is authorised. Request building licences, first occupation licences (licencia de primera ocupación or equivalent habitation certificate), and confirm there are no open urban planning files. On the Costa del Sol, irregular construction remains a material risk.

Community of owners. For apartments, townhouses and some gated villas, review community statutes, recent AGM minutes and the payment status of community fees. Outstanding debts can transfer with the property. So can restrictive rules that affect how you intend to use the home.

Tax position. Understand transfer tax (ITP) or VAT plus stamp duty (AJD), plus ongoing IBI, rubbish tax and wealth tax exposure where relevant. Non-residents have specific withholding and declaration obligations. Structure should be considered before, not after, completion.

The private contract. Never sign a reservation or arras agreement without legal review. Deposit terms, conditions precedent, completion timelines and penalty clauses must be precise. Ambiguity favours the party who drafted the document.

Completion and funds. Completion at the notary is the formal transfer. Funds must arrive through compliant banking channels. Power of attorney, NIE numbers and bank accounts should be arranged early for non-resident buyers. Last-minute administration is the most common source of delay.

At Yeselia & Co., legal review is not an add-on. It is the foundation of every acquisition we lead. If you are considering a purchase on the Costa del Sol, begin with clarity rather than urgency.