10 November 2026 · 1 min read · By Margot Van Arum van Sparkling Homes Marbella
What are the items you have to check before signing?
A dream home can turn into a legal nightmare. These are the issues most frequently encountered in practice—points that your lawyer should always verify. For this reason, choose a lawyer who is independent of both the seller and the project developer, and who speaks your language.
- Ownership and encumbrances
A recent *nota simple* (property registry extract) shows who the owner is and whether there are any mortgages or liens on the property.
- Land registry vs reality
Do the surface area, swimming pool, and extensions match the official records? Discrepancies may indicate construction without a permit.
- Permits
Are there a building permit and declaration of habitability (*licencia de primera ocupación*)? Without these documents, utility connections or financing often becomes difficult.
- Coastal Law
For properties near the sea, part of the plot may fall under the *Ley de Costas* (Coastal Law). This affects the property registration, mortgage, and any future sale.
- Rural land
On rural land (*suelo rústico*), extensions, swimming pools, and new structures are strictly limited. Existing structures may not necessarily be legalized.
- Outstanding debts
Ensure that property taxes (*IBI*), community fees, and utility bills have been paid. Arrears can become the responsibility of the new owner.
- Tourist rentals
Do you intend to rent the property out to tourists? Check whether a tourist rental license is obtainable. As of 2025, new rentals often require authorization from the homeowners' association.
- Condition of the property
An energy performance certificate is mandatory. If you have concerns regarding damp, the roof, or the building's installations, consider having a professional structural survey carried out.
Checklist
What are the items you have to check before signing?
A dream home can turn into a legal nightmare. These are the issues most frequently encountered in practice—points that your lawyer should always verify. See News for more information on the tasks.
Add these steps to your own to-do list in My Account. You choose which ones to take over and can adjust them afterwards.
- Ownership and encumbrances
- Land registry vs reality
- Permits
- Coastal Law
- Rural land
- Outstanding debts
- Tourist rentals
- Condition of the property
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