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A simple guide to legal issues in buying a home in Spain

We list below some simple issues any Spanish property buyer should consider before completing on a purchase. We hope you find it helpful.

However, please remember that we are not solicitors and this guide does not attempt to cover all legal issues.

It is a start. You should engage a good independent solicitor in Spain, preferable on who speaks English well. These are some issues you should ask him or her to confirm.

1. Do owners of your dream property actually own it?

The person(s) selling the property must be the registered owner(s). Your solicitor can find this information.

2. Does the property have any associated debts or mortgages?

Mortgage and debts such as council tax can be registered against the property. Are there any other debts such as community fees? Will these be cleared on completion? You are buying the property – not the mortgage!

3. Was the property built with planning permission?

It is most important that you get your solicitor to confirm this. This applies to the construction of the building but also to extensions or pools added after completion.

4. Does the property hold all necessary certifications?

Does the seller have for example -

5. Do I need a survey?

Yes. You would not buy a property without a survey in the UK so why would you buy without one in Spain.


Posted 25/8/2016

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