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Property due diligence in España: what needs to be checked

Due diligence · Home purchase

Before buying, more than one aspect of the property must be checked.

A robust property review verifies who is selling, which rights and encumbrances are recorded in the Land Registry, what the Catastro describes, the planning status, what debts or agreements exist within the owners' association, who occupies the property and what obligations arise from the signed contracts.

Last reviewed: 8 August 2026 Jurisdiction: España Planning: autonomous community + municipality
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What reviewing a property means

The Land Registry, Catastro and planning answer different questions

The most common mistake is to treat one accurate document as though it resolved the entire transaction. Land Registry information, cadastral data, physical reality and planning legality are distinct layers that must be compared with one another.

REG

Registration

It identifies the property, holders of registered rights and current registered rights or encumbrances.

The land registry extract is for information purposes.

CAT

Catastro

It allows cadastral details and, where coordination exists, location, boundaries and mapped area to be cross-checked.

It does not by itself prove ownership or encumbrances.

URB

Planning

It requires reviewing the regulations and competent authority for use, permits, works, extensions and possible planning proceedings.

The check is location-specific.

POS

Possession and contracts

It must be clarified who occupies the property, under what legal basis, and what has been promised regarding handover, tenancies and possession.

The occupant's status changes the analysis.

This page is the canonical version of the due diligence checklist.

Summarise what needs to be checked and refer readers to specialist guides when a specific issue arises: encumbrances, Land Registry-Cadastre discrepancies, planning matters, occupants, technical inspections or fraud.

There is no universal file for every España.

The name, availability and effect of planning certificates, occupancy licences or equivalent documents may vary by autonomous community and municipality.

General checklist

Eight areas that must be clear before completion

Not all documents apply to every property. The aim is to identify the evidence required for the specific case and resolve any discrepancies before the buyer assumes the risk.

Section 1Seller

Identity, legal capacity, representation and authority to sell.

Section 2Registration

Ownership, description, rights, mortgages, liens or other existing encumbrances.

Section 3Catastro

Reference number, physical details and any discrepancies with the Land Registry and the actual property.

Section 4Planning

Use, works, licences, status of extensions and proceedings depending on the area.

Section 5Community

Debts, bylaws, resolutions, special assessments and significant building works.

Section 6Occupancy

Who occupies the property, the basis of their occupancy and handover terms.

Block 7Contract

Price, deposit, terms, deadlines, encumbrances to be discharged and consequences of non-compliance.

Block 8Physical condition

Technical inspection where appropriate; legal review alone does not identify construction defects.

Useful due diligence does not merely accumulate documents: it compares sources and turns every discrepancy into a question that must be resolved. Control principle: identify the appropriate authority or evidence for each risk.

Property Registry

First, check who is entitled to sell and which registered rights or encumbrances are recorded.

Land Registry information makes it possible to review the property's identification, ownership and the rights registered against it. A nota simple is a practical tool for the initial review, but it is for information purposes only and should not be confused with a Land Registry certificate.

  • Compare the seller's identity with that of the registered owner or owners.
  • Review the property's description and the registered rights affecting it.
  • Identify any mortgages, attachments, usufructs, easements or other encumbrances that appear to remain in force.
  • Understand which encumbrances will be discharged, which will remain and how the discharge will be documented.
  • If the seller is represented by an agent, verify the power of attorney and the scope of their authority.

Consult the official information from the College of Registrars on the Land Registry and the explanation of nota simple and Land Registry certificate.

Search and verification of property documentation before buying a home
The document review should verify ownership, encumbrances, Catastro, planning, community and occupancy before completing the transaction.
A nota simple does not confirm planning legality.

It may provide information about the property and its registered rights, but planning, licences, permitted uses and proceedings must be checked with the competent local authority.

Catastro and physical reality

Compare the reference number, area, geometry and description: a discrepancy should not be ignored.

Catastro and the Land Registry are separate systems. Coordination between them can provide greater accuracy regarding location, boundaries and mapped area, but a cadastral match does not replace analysis of registered rights or planning verification.

QuestionPrimary sourceWhat to checkWhat should not be inferred automatically
Who is listed as the owner, and what encumbrances exist?Property RegistryRegistered ownership and rights/encumbrances.That the physical or planning reality matches in every respect.
How is the property described in the Cadastre?CatastroReference, location, physical details and graphic representation where applicable.That the Cadastre replaces the Land Registry for proving property rights.
Is the construction, extension or use legal?Competent planning authorityPlanning regulations, administrative checks, licences or authorisations, and applicable case files.That a Land Registry-Cadastre match guarantees planning legality.
M2

Different floor areas

A discrepancy between the Land Registry, Cadastre, deed and actual measurement requires identifying which detail differs and why.

GEO

Georeferencing

Where a coordinated graphic representation exists, it may provide greater accuracy regarding the property's boundaries, location and floor area.

OBR

Added works

Enclosed terraces, extensions, swimming pools, annexes or alterations to the layout may require additional checks, even if they physically appear on the property.

The Directorate-General for the Cadastre explains the coordination between the Cadastre and Land Registry and maintains official channels for accessing cadastral information.

Planning and licences

The specific legality of a home cannot be determined using a generic national rule

The State establishes a general framework, but planning regulations, controls over use and construction, the available documents, planning enforcement and legalisation procedures materially depend on the autonomous community and municipality.

USE

Permitted use

Check that the intended use is compatible with the regulations and planning rules applicable to the property and its location.

LIC

Works and authorisations

Check which authorisations, licences, declarations or inspections applied to the construction and any significant alterations.

EXP

Case files and legalisation

If there is any questionable work, determine whether there is a case file, restrictions, the possibility of regularisation or pending consequences under the applicable law.

What to request from the professional reviewing planning matters

They should identify the regional regulations, municipal planning framework and specific administrative source used to reach a conclusion on use, licences, extensions, occupancy/use and any potential case files. A conclusion without jurisdiction or a local source is incomplete.

Document names vary.

Do not assume that a “first occupancy licence”, “planning certificate” or any other designation exists or has the same effect in all municipalities and for all property types.

The national framework can be consulted in the consolidated text of the Land and Urban Rehabilitation Act. For a specific property, the applicable regional and municipal sources must also be considered.

See the planning compliance guide

Homeowners' association

Do not review only the monthly fee: check debts, resolutions and special assessments

For a property subject to horizontal property ownership, the community can affect both the immediate cost and the future use of the property. The Horizontal Property Act contains specific rules on community debts in transfers.

  • Request up-to-date information on outstanding debts to the community.
  • Review ordinary fees and approved special assessments or significant extraordinary works.
  • Read the bylaws and rules where they may affect the intended use of the property or common areas.
  • Review recent meeting minutes where relevant to works, disputes, lifts, façades, roofs, swimming pools or other cost-related decisions.
  • Clarify in the sale and purchase contract who assumes pending or approved amounts.
Verified national rule

As of 8 August 2026, the Horizontal Property Act provides that the acquired property is legally liable for certain community debts of the previous owner, up to the amounts due for the year of acquisition and the three preceding calendar years. In the public deed, the transferor must declare their status and provide a debt certificate, unless the purchaser expressly waives it.

Source: Act 49/1960, on Horizontal Property.

Waiving the certificate does not by itself eliminate the risk.

If waiving the debt certificate is being considered, it is advisable first to understand what information is missing and how the risk is contractually allocated between the parties.

See encumbrances and debts when buying

Occupancy, tenancy and possession

“The property is occupied” does not describe a single legal situation

Before buying, you should identify who is physically occupying the property and on what legal basis. A seller who remains temporarily, a tenant, an authorised family member and an occupant with no clear legal basis should not be treated as the same situation.

VEN

Seller in possession

Confirm when and how the keys and possession will be handed over, and whether there is any period after signing.

Earnest money deposit

Tenant

Review the contract, dates, rent, deposit, communications and the effect of the transfer under the applicable legal framework.

AUT

Authorised use

Clarify the documentary basis for any occupation by family members, employees, assignees or other persons.

?

Unclear situation

Do not proceed on the basis of an ambiguous verbal explanation: identify the facts, documents and legal strategy before taking possession.

The effect of a tenancy depends on the circumstances.

The contract, date, intended use, duration, registration and other circumstances may be relevant. This guide does not turn a tenanted property into an automatic conclusion regarding eviction, succession to the tenancy or availability.

Buying with a tenant or occupant

Reservation, deposit agreement and contract

Due diligence loses value if the buyer has already assumed an obligation without an adequate exit option

Checks must be coordinated with the contractual timetable. If there is a reservation, deposit agreement or other private agreement, you must understand what happens if an encumbrance, a planning discrepancy, an occupant, missing documentation or failure to meet an agreed condition arises.

  • Identify exactly what amount is paid and to whom.
  • Define the price, included items, deadlines and method of payment.
  • Determine what happens if the review identifies a material issue.
  • Clarify the discharge of encumbrances and outstanding documentation before completion.
  • Specify the handover of possession, keys and occupancy status.
  • If the purchase depends on financing, review how that dependency is reflected in the contract.
The name of the document does not determine its effects.

“Reservation”, “earnest money”, “deposit” or “arras” should not be treated as identical categories without reading the full wording and determining the applicable civil law. The contractual consequences are covered in the specific guide for each instrument.

Reservation guide Arras guide

Warning signs

An issue does not always prevent a purchase, but it should change the next check

The aim is not to automatically label a property as “good” or “bad”. Each warning sign should lead to the source and professional who can determine its scope.

01

Inconsistent square metre figures

The Land Registry, Cadastre, title deed, sales plan and actual measurement show different figures.

02

Unclarified works

An enclosed terrace, extension, swimming pool, basement, annex or change of use without sufficient evidence of its status.

03

Outstanding encumbrance

A mortgage, attachment, usufruct, easement or other right whose treatment in the sale has not been documented.

04

Community with an extraordinary cost

Special assessments, significant works or disputes that could change the property's actual cost.

05

Unclear occupancy

It is unclear who lives in the property, under what agreement, or when possession will be handed over.

06

Pressure to pay without review

A deposit or transfer is required before verifying identity, the recipient account, terms and basic documentation.

Nota simple, Land Registry and CadastreHow to read the documentary layers and identify discrepancies requiring analysis. Planning legality of a propertyWhat to do when licences, works, use and physical reality are unclear. Inspection and hidden defectsSeparate document review from technical analysis and the property's physical condition. Fraud and payment securitySpecific checks to guard against impersonation, account changes and insecure payments.

Practical example

How to turn four issues into a verification plan

Imagine a property in a community where the advertised floor area does not exactly match the documentation, there is an enclosed terrace, a registered mortgage appears, and the seller states that a relative is temporarily occupying the property.

Question 1What do the Land Registry and Cadastre say?

Compare the description, floor area, ownership, mortgage charges and cadastral data.

Question 2What is the enclosed terrace?

Identify the works, date, available licences or deeds, and local planning status.

Question 3How is the charge cancelled?

Document the cancellation mechanism and how it is coordinated with payment and the deed.

Question 4When is possession handed over?

Clarify who occupies the property, under what legal basis, and which contractual obligation guarantees the agreed handover.

The conclusion depends on the evidence.

Due diligence should not automatically declare the property “purchasable” or “not purchasable”. It should document each issue, the competent authority, the risk, and the conditions required to resolve it.

Professionals and responsibilities

Find the right expertise for each layer of the review

Legal review, Land Registry information, planning analysis, technical inspection and commercial coordination are not the same function. Complex transactions may require combining professionals and official sources.

Verified official sources

The source depends on the question you are trying to answer

These sources form part of AI Realty’s official register and were revisadas on 8 August 2026. Planning verification for a specific property also requires the regional and municipal sources applicable to its location.

BOEMortgage ActPrimary legal framework for the Land Registry, registered rights and encumbrances. Association of Property RegistrarsProperty RegistryInstitutional information on Land Registry publicity, ownership and registered rights. Association of Property RegistrarsLand Registry extract and registry certificateThe difference between Land Registry information for informational purposes and certification. Directorate-General for the CadastreCadastre-Land Registry coordinationLocation, boundaries, floor area and graphical representation of the coordinated property. BOECadastre LawNational framework for Cadastre data and functions. BOELand and Urban Rehabilitation LawState-level framework; the specific legal position requires regional regulations and local planning/procedures. BOEHorizontal Property ActCommunity of owners, expense obligations and debt rules in property transfers. BOEUrban Lease ActNational rental framework; the effect of a sale requires analysis of the specific circumstances.

Continue based on the identified risk

Each issue has its own canonical guide

Due diligence is the control map. The legal and technical details of each risk are covered without duplicating the main purpose of this page.

Buying a property in España step by stepIncorporate due diligence into the complete purchase process. Nota simple, Land Registry and CadastreExplore documentation, functions and discrepancies in greater depth. Registered encumbrances and debtsMortgages, liens, community charges and other related obligations. Planning legalityWorks, licences, use, planning and local checks. Buying a rented or occupied propertyAssess possession, contracts and the occupant's status. Inspection and hidden defectsDistinguish technical risks from legal and document review. Property reservationWhat to check before paying an initial deposit. Earnest money contractTypes, effects, risks and terms that should be reviewed.

Frequently asked questions

Real-estate due diligence when buying in España

It is the structured review of the property's legal, Land Registry, cadastral, planning, community, contractual and occupancy status before assuming the risk of purchase. Depending on the type of property, it may also require an independent technical inspection.

No. The nota simple provides highly important Land Registry information about the property, owners, and current rights or encumbrances, but it is informative only and does not replace cadastral, planning, community, occupancy or technical checks where relevant.

It is advisable to compare them because they describe different aspects of the property. Any discrepancy in area, layout, reference number or description should not be ignored: its cause must be identified and the appropriate correction or additional verification determined.

This should not be assumed. Land Registry information does not replace a review of planning regulations, permitted use, licences, works and any potential proceedings before the competent planning authority. The conclusion depends on the autonomous community, the municipality and the specific circumstances of the property.

At a minimum, it is advisable to review outstanding debts and, depending on the building, fees, special assessments, bylaws, rules and recent resolutions that may affect the cost or use of the property. The contract should clarify who is responsible for outstanding or approved amounts where there is any doubt.

Yes. The Horizontal Property Act establishes a statutory lien on the property for certain debts owed by the previous owner, up to the amount due for the year of acquisition and the previous three calendar years. It also regulates the declaration and certification of outstanding debts in the public deed, unless the buyer expressly waives this requirement.

It must be established who occupies it, under what right, since when, and what has been agreed regarding handover of possession. A tenant, an authorised occupant and a person whose right of occupation is unclear are not treated in the same way. The legal consequences require an analysis of the specific circumstances.

No. Documentary and legal review may reveal significant risks, but it does not by itself identify damp, structural defects, deteriorated installations, building defects or other physical problems. Where relevant, an appropriate technical inspection should be added.

It should be arranged early enough for its findings to influence the decision and the contract. If an early reservation is made, the buyer should first understand the deposit terms and what happens if the review uncovers a material issue.

Notice: This content is for information purposes only and does not constitute personalised legal, tax, financial, mortgage, technical or notarial advice. Documentation, procedures and planning legality may depend on the autonomous community, chartered territory, municipality, type of property, contract, occupancy status and date of the transaction. Check the current official sources and consult the appropriate professional for your case.

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