PROPERTY PURCHASE AND SALE · EU RESIDENTS
Legal due diligence on property in Spain
A Land Registry extract does not answer every question about a property. Our review brings together ownership, planning, charges and the use you intend to make of the building.
THE STEPS INVOLVED
From initial review
to practical completion.
Ownership and encumbrances
We check who is entitled to sell and examine the relevant records for mortgages, attachments, easements and restrictions. Any agreed discharge of charges should be reflected in the transaction.
Discuss your situationRecords and the physical property
The deed, registry, cadastre and actual layout may not match. Extensions, pools and outbuildings deserve particular attention so that discrepancies can be assessed before purchase.
Discuss your situationPlanning and intended use
Permits and the planning position are examined using the appropriate sources. A cadastral entry is not on its own proof that a building is lawful or that a proposed rental use is authorised.
Discuss your situationMaking an informed decision
We explain what has been established, what remains unverified and the risks identified. You can then seek a condition, require corrective steps or reconsider the purchase before a firm commitment.
Discuss your situationINITIAL DOCUMENTS
A clear starting point
for your case.
You do not need a complete file to get started. After an initial review, we explain which documents are still needed.
- Property address and references
- Available deed and nota simple
- Plans, permits and known alterations
- Intended residential or rental use
EU RESIDENTS AND SPAIN
For clients resident in the EU
Your country of residence, nationality and family circumstances may point to different legal and tax requirements. We establish the facts and coordinate your Spanish matter with the relevant advisers.
- Prepare your identity, address and matrimonial or partnership documents from the country concerned. EU residence does not make every foreign document automatically usable in Spain.
- Arrange evidence of funds and financing early. A cross-border bank transfer does not replace the Spanish bank’s and notary’s source-of-funds checks.
- Tell us whether you live in Spain or another EU country. Ownership, immigration status and tax residence are separate questions.
- We provide the Spanish completion and tax documents for your adviser in your country of tax residence.
FREQUENTLY ASKED QUESTIONS
What you may want
to know before acting.
Does cadastral registration prove a building is legal?
No. Cadastral, ownership and planning records serve different purposes and must be considered together.
Do you also check structural condition?
A technical inspection can be arranged alongside the legal review. The scope of each should be defined so you know what is covered.
Can a property with an irregularity still be purchased?
That depends on the issue, possible remedies and risks. These should be assessed before deciding and agreeing the purchase terms.
Does EU residence replace the Spanish purchase checks?
No. We still examine the property and the individual documents. Residence, nationality, the source of funds and any authorisation requirements are separate matters.
Will you work with my adviser abroad?
Yes, where appropriate and with your agreement. We coordinate the Spanish documents and steps with your own qualified adviser, who remains responsible for advice and filings in their jurisdiction.
LET’S DISCUSS YOUR CASE
Would you like us to review your situation?
Tell us about your plans or concerns. We will connect you with the appropriate specialist in our team in Spain.
Send us your question through the contact form. We will connect you with the right specialist.
Go to the contact formThis is general information, to be applied to your circumstances and the rules in force. Sirejacob Legal & Tax advises on your matter in Spain. Foreign law and overseas filings are handled, where needed, with your own qualified adviser.