Avoid These Legal Pitfalls When Buying in Spain: A Comprehensive Checklist
Buying property in Spain can be a dream come true, or a legal nightmare, if you’re not prepared. Here’s how to protect yourself in 2025 with a clear, actionable legal checklist.
Why Legal Oversight is Critical
Spain’s real estate market is safe when done correctly, but it’s still full of red tape, local quirks, and hidden risks. Avoiding costly mistakes starts with getting the legal basics right from day one.
Common Legal Pitfalls to Avoid
- Skipping Legal Representation
- Some buyers skip hiring an independent lawyer to “save money.” This can cost you far more if a dispute or irregularity arises.
- Always choose your own lawyer (not the seller’s or agent’s).
- Not Verifying Title Deeds & Debts
- Use a lawyer to request the “Nota Simple” from the Land Registry to verify:
- Legal owner
- Outstanding mortgages
- Embargoes or unpaid taxes
- Use a lawyer to request the “Nota Simple” from the Land Registry to verify:
- Illegal Extensions or Constructions
- Pools, terraces, or garden rooms might look beautiful — but were they built with permits?
- Your lawyer should check for planning approval and compare against the Catastral and land registry data.
- Buying on Rural Land (Suelo Rústico)
- Properties on protected rural land often lack utilities or cannot be expanded legally.
- Be cautious unless you fully understand the land classification and its restrictions.
- Missing Habitation Certificate
- Known as the Cédula de Habitabilidad or Licencia de Primera Ocupación.
- Required for utilities and resale; especially critical for rental licensing.
- Incomplete or Outdated Energy Certificate (EPC)
- Required by law. Properties must disclose their energy efficiency rating before the sale.
Your 2025 Buyer Legal Checklist
✅ Hire a qualified independent lawyer
✅ Get your NIE number early
✅ Open a Spanish bank account
✅ Obtain the Nota Simple and verify debts
✅ Confirm building permits for all structures
✅ Request the Cédula de Habitabilidad
✅ Check for community obligations or debts
✅ Ensure utilities are legally connected
✅ Don’t skip the Energy Performance Certificate (EPC)
✅ Sign everything in front of a public notary
Can I Buy Without a Lawyer?
Legally, yes – but strongly discouraged. Many “off-plan” or distressed sales involve irregular paperwork or developer disputes. Legal assistance reduces risk and gives peace of mind.
How Splendour Homes Protects You
We don’t just list properties, we screen them.
- We pre-vet documentation with our legal partners.
- We coordinate with your abogado for a smooth process.
- We help you understand the long-term legal and tax implications of each deal.
Whether you’re a first-time buyer or an experienced investor, protecting your investment starts with smart legal planning. Contact Splendour Homes for trusted legal referrals and risk-free property deals.
