{"id":238642,"date":"2026-10-26T11:55:32","date_gmt":"2026-10-26T11:55:32","guid":{"rendered":"https:\/\/miguelsanchezyasociados.es\/buying-house-spain\/revision-juridica-vivienda\/"},"modified":"2026-10-27T08:00:49","modified_gmt":"2026-10-27T08:00:49","slug":"legally-checked","status":"publish","type":"page","link":"https:\/\/miguelsanchezyasociados.es\/en\/buying-house-spain\/legally-checked\/","title":{"rendered":"Checking the property and contract"},"content":{"rendered":"
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Having your property and purchase contract in Spain checked<\/h1>\n<\/div><\/div>\n\n
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Have you found a property that meets your wishes? You will want to know whether everything is legally in order and what obligations you are taking on.<\/span><\/p>\n

We examine the available property documents and review your reservation agreement, deposit agreement (<\/span>contrato de arras<\/span><\/em>) and purchase contract. We explain what our findings mean for you and which points require attention before you commit.<\/span><\/p>\n

If you need assistance throughout the entire purchase process, learn more about our <\/span>legal assistance when buying a house in Spain<\/span><\/a>.<\/span><\/p>\n<\/div><\/div>\n<\/div>\n<\/div>\n<\/div>\n\n

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What do we examine about the property?<\/h2><\/div><\/div>\n<\/div>\n<\/div>\n<\/div>\n\n
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Who the owner is<\/h3>\n

We check who owns the property and whether the seller is authorised to sell it<\/p>\n

Which obligations affect the property<\/h3>\n

We look at the Spanish land register, the Registro de la Propiedad. We check for registered mortgages, attachments and third-party rights, such as a right of way.<\/p>\n

Whether the property details match<\/h3>\n

We compare the details in the title deed, the land register and the cadastre. Differences may give rise to further investigation.<\/p>\n

Whether there are outstanding debts<\/h3>\n

We examine the available information about the municipal property tax, the IBI, and other debts connected with the property.<\/p>\n

The information from the owners' association<\/h3>\n

Is the property part of an apartment complex or a shared residential development? Then we check the usual information from the owners' association<\/p>\n

Permits and certificates<\/h3>\n

We assess the relevant permits, certificates and available municipal documents concerning the construction and use of the property.<\/p>\n

Whether the property can be handed over as agreed<\/h3>\n

We examine whether tenants, occupants or third-party rights may affect the handover.<\/p>\n<\/div><\/div>\n<\/div>\n<\/div>\n<\/div>\n\n

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\"Architectural<\/span><\/div>\n<\/div>\n\n
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Buying a rural property or an extension?<\/h2><\/div><\/div>\n<\/div>\n<\/div>\n<\/div>\n\n
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With rural properties and properties with an extension, the situation on site may differ from what is stated in the official documents. For example, an extension that is not recorded in the land register.<\/p>\n

We examine the legal significance of such differences, request relevant documents and explain which further steps are needed.<\/p>\n

For measurements, building inspections or technical reports, an independent architect, building surveyor or other qualified expert is required. If necessary, we can coordinate the collaboration with this specialist.<\/p>\n<\/div><\/div>\n<\/div>\n<\/div>\n<\/div>\n\n

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Which agreements do we check in your contract?<\/h2><\/div><\/div>\n<\/div>\n<\/div>\n<\/div>\n\n
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Even a short reservation document can contain agreements with major consequences. Among other things, we check:<\/p>\n