Property

Buying Property in Spain: 10 Checks Before You Pay a Deposit

By Eoin McGirr, Spanish abogado · Last reviewed: October 2026

Most problems in a Spanish property purchase start before the notary appointment. They start when the buyer pays a deposit, often to the estate agent, before anyone has checked the legal position of the property. Once the deposit is paid under an arras contract, walking away usually means losing it.

These are the ten checks I recommend making before you pay anything.

1. Get your NIE early

You need a Spanish foreigner identification number (NIE) to buy property, open a bank account and pay the purchase taxes. It can take several weeks to obtain, so start as soon as you are serious about buying. If you cannot travel, it can usually be obtained through a Spanish consulate or by a representative under a power of attorney.

2. Check who actually owns the property

Ask for a nota simple, a summary of the property's entry in the Land Registry. It shows the registered owner, the description of the property and any charges. Make sure the person selling is the registered owner. If they inherited the property and the inheritance has not been registered, or there are several heirs, the sale may need extra steps before it can be completed.

3. Look for mortgages, embargoes and other charges

The nota simple also shows mortgages, court embargoes and other charges registered against the property. These normally have to be cancelled at or before completion. Your contract should say clearly who is responsible for cancelling them and how.

4. Compare the Registry, the Catastro and reality

The size and description in the Land Registry, the Catastro (the cadastral register) and the listing do not always match. A difference can mean an extension, an enclosed terrace or a converted loft that was never legalised. That can affect the price, future sales and even your mortgage.

5. Check planning and licences

Ask whether any works were carried out without a licence and whether the property is affected by any planning proceedings. Depending on the region and the age of the building, you should also check the habitability certificate or first-occupation licence.

6. Ask for the community of owners certificate

If the property is in a building or development, the seller should provide a certificate from the community of owners showing that the community fees are up to date. Under Spanish law, the property itself can answer for certain unpaid fees, so you could inherit the seller's debt. Also ask whether any major works or special payments (derramas) have been approved.

7. Check the property tax (IBI) and utilities

Ask for the latest IBI (local property tax) receipt and recent utility bills. Unpaid IBI can also follow the property, and the receipt helps confirm the cadastral reference and the owner.

8. Ask for the energy performance certificate

The seller must provide an energy performance certificate. Apart from being a legal requirement, it tells you how expensive the property may be to heat and run.

9. Find out whether the seller lives in Spain

If the seller is not tax resident in Spain, the buyer must withhold 3% of the price and pay it to the Spanish Tax Agency on the seller's account. In many cases the buyer is also responsible for the municipal capital-gains tax (plusvalía) when the seller is a non-resident individual. Your lawyer and the notary need to know this early.

10. Read the arras contract before you sign it

The most common deposit contract in Spain is the contrato de arras penitenciales. If the buyer withdraws, the buyer loses the deposit; if the seller withdraws, the seller must return double. Before you sign, make sure the contract includes:

  • the exact property and price;
  • the date by which the sale must be completed;
  • who pays which costs and taxes;
  • conditions that protect you, for example if the checks above reveal a problem or your mortgage is refused.

Budget for taxes and costs

On top of the price you will pay transfer tax (or VAT and stamp duty on a new-build), notary and Land Registry fees, and any mortgage costs. The tax rate depends on the region and the type of property, so ask for an estimate before you commit.

Can you do this from abroad?

Yes. Many of my clients buy without travelling to Spain. With a power of attorney, I can obtain the NIE, open the bank account, carry out the checks and sign at the notary on your behalf.

Have a question about your situation?

Thinking of buying in Northern Spain? Every purchase is different. Contact me for a consultation before you pay a deposit.

This article is general information about Spanish law as at the date above. It is not legal advice for your specific situation.