Legal advice prior to purchase

What do I need to check before buying a property?

Before buying a new home, it is advisable to carry out all the steps below to make sure that you will not have any problems later on (such as unpaid charges, unpaid taxes, liens, demolition orders, or finding out the person selling you the property is not the true owner).

That is why we advise you to check the following points:

  1. Examine the vendor’s title deeds and check at the Property Registry that the person selling the property is the rightful owner.

  2. Check if there are any charges, mortgages or liens on the property (also noted in the Property Registry).

  3. Check if the house is also registered and declared in the title deeds, or if only the plot is there.

  4. Check if there is any discrepancy between the registered / real and cadastral surface area to see if you are going to acquire more or fewer meters than the amount recorded in the title deeds, or whether you have to carry out any subsequent procedure to regularize this (excess capacity, declaration of new work).

  5. Check the cadastral information for the property to see if the cadastral owner is the same person and / or if there is any discrepancy that will prevent its registration, and / or if it has to be fixed later.

  6. Check the urban information for the land, (especially important for houses on rustic land: the land classification and the date of construction) to see if it is an illegal house, it may have a sanctioning file initiated, a demolition order and / or the Administration might have prescribed actions against it.

  7. Check if the seller is up to date with paying the Community of owners expenses (if applicable), as well as the Real Estate Tax (if it has not been paid, this will affect the status of the house itself).


What steps do I have to take after buying a home?

1-Pick up the title deeds from the notary's office and pay the corresponding fees.

2-Take the title deeds to the Tax Office (Hacienda) and pay the Administration taxes (I.T.P and A.J.D.).

3-Take the title deeds to the Property Registry and pay the registration fees.

4-Register the new ownership at the Catastro, if it has not been done automatically.

5-Change / register for services: water, electricity etc.