Property Lawyer Checks
What Does a Property Lawyer Actually Check in Spain?
In Spain, unpaid debts stay with the property, not the seller. Here's what a lawyer checks before you buy and why skipping this step costs thousands.
What Your Lawyer Checks
A property lawyer runs a systematic search across five registers. Each one can reveal debts, restrictions, or legal issues that would transfer to you after completion.
Land Registry
The Registro de la Propiedad reveals mortgages, embargos, and legal claims registered against the property title.
Cadastral Register
The Catastro confirms IBI tax status and property classification. Flags discrepancies between the registered title and actual use.
Municipality
The Ayuntamiento records unpaid municipal taxes, planning violations, illegal extensions, and the habitation certificate.
Community of Owners
The Comunidad de Propietarios confirms unpaid community fees, reserve fund obligations, and any restrictions on the property.
Your lawyer also contacts utility companies directly to verify that water, electricity, and gas connections are legal and have no outstanding bills.
A complete search across all registers takes 5–10 working days. All checks must be finished before you sign the arras contract. The arras is when you commit 5–10% of the purchase price and become legally bound to buy. Anything found after that point is your problem. For a step-by-step walkthrough of each stage, see our buying process guide.
| Stage | What Happens | Lawyer Status | Can You Withdraw? |
|---|---|---|---|
| Before reservation | Express interest | Basic ownership check | Yes, no cost |
| Reservation (€500–€2,000) | Property held for you | Full register search begins | Yes, lose deposit |
| Arras contract (5–10%) | Legally binding commitment | All checks must be complete | Lose deposit + damages |
| Completion at notary | Full payment, deed signed | Final confirmation only | No, too late |
What Happens Without a Lawyer
Day 1: You Sign the Arras
You sign the arras contract without independent legal advice. 5% of the purchase price is deposited with the seller.
Day 14: Completion at the Notary
You sign at the notary. The full purchase price transfers. You get the keys and think the hard part is over.
Day 21: First Letter Arrives
The community of owners demands €8,500 in unpaid fees from the previous owner. As the registered owner, you're now liable.
Day 35: Second Notice
The municipality sends a bill for €4,200 in IBI arrears. Payment deadline: 30 days, or they embargo the property.
A lawyer would have found both debts in the first week of register checks. You could have negotiated the price down, required the seller to clear them, or walked away entirely. After the arras, it's too late.
A property lawyer in Spain typically charges 1–1.5% of the purchase price. On a €250,000 property, that's €2,500–€3,750. Compare that to €12,700 in inherited debts that nobody checked for.
If you want to understand what risks apply to a specific property before committing any money, you can start with a free lawyer consultation.
Free Consultation
Speak to a Property Lawyer
Understand the legal risks specific to your property before you commit. Our network of independent, English-speaking property lawyers will review your situation at no cost.
Book a Free Consultation