Advisors in Spain has introduced property due diligence for investors, companies and buyers acquiring whole buildings, commercial premises, several units or high-value homes in Spain. The Spanish practice of the Advisors in Europe Group designed the review to be completed before an arras contract is signed or a deposit is paid.
An independent lawyer acts only for the buyer, examining title, debts, planning, licences and restrictions. Where the condition of the building calls for one, the lawyer also coordinates a technical survey. Title and charges are checked through a registry certificate of ownership and charges (certificación de dominio y cargas), rather than an informative nota simple. The review also covers unpaid IBI and community fees. The property answers for unpaid general community expenses from the current year and the three previous calendar years.
For a seller who is non-resident without a permanent establishment, the buyer must withhold 3% of the agreed price and pay it through Modelo 211.
Other checks address tourist letting, for which express community approval has been required to start the activity since 3 April 2025, and military authorisation for non-EU buyers in restricted-access zones.
“Larger purchases carry risks that don’t show up on a nota simple,” said Luis Alvarez of Advisors in Spain. “Buyers should know what they are taking on before any money changes hands.”
The first consultation is free. Enquiries receive a proposed scope within one business day, in English or Spanish.
More information: https://www.advisorsinspain.com/property-due-diligence-spain/
