Marbella Property Legal Checklist: What Your Lawyer Should Check
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Before you sign anything when buying property in Marbella, your lawyer needs to check a specific list of things. Here is what that list looks like and why each item matters.
Why due diligence in Spain is not optional
Spanish property law protects buyers well - but only if you use it properly. The tools exist to identify problems before completion. The mistake is not using them. Here is what a good independent lawyer will check when buying property in Marbella, and why it matters.
Nota simple from the Land Registry
The nota simple is a Land Registry extract showing who owns the property, what mortgages or charges are registered against it, and any other encumbrances. Your lawyer requests this at the start of due diligence. Key things to check: does the seller actually own what they are selling, are there mortgages that must be paid off at completion, and are there any other registered charges - easements, rights of way, or legal disputes?
Town hall planning status (catastro)
The catastro is the municipal land registry - separate from the property registry. Your lawyer cross-references the catastral description with the Land Registry entry. Discrepancies can indicate undeclared extensions, illegal builds, or changes to the property that were never legalised. This is particularly important for older Marbella properties that may have had terraces enclosed or rooms added without planning permission.
Community debt certificate
If the property is part of a community of owners, the seller must provide a certificate showing no outstanding community fee debts. In Spain, community debts travel with the property - the buyer can inherit the previous owner's unpaid fees. Always check this.
IBI receipts
Request three years of IBI (annual property tax) receipts from the seller. Outstanding IBI is another liability that can transfer to the buyer if not cleared before completion. Simple to check, important not to skip.
Habitation certificate (cedula de habitabilidad)
This confirms the property is legally authorised for residential use. Some older properties or recently extended properties may have issues here. Essential if you plan to rent the property or apply for utilities.
Energy performance certificate
Required by law for any property sale in Spain. The seller must provide this. Does not affect whether you buy, but is part of the required documentation and can inform decisions about future renovation costs.
Off-plan specific checks
For off-plan or new build properties, add: the developer's track record, the bank guarantee protecting your deposits, the building licence, and the first occupation licence upon completion. New build due diligence has its own specific requirements that your lawyer should walk you through separately.
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Check if it's still free - PlanMarbella.comFrequently Asked Questions
What happens if problems are found during due diligence in Marbella?
It depends on the problem. Minor issues can often be resolved - debts paid off, minor planning irregularities regularised, or the price renegotiated to reflect the issue. More serious issues (illegal construction, title disputes) may justify walking away. That is exactly why you need a lawyer to interpret what they find.
How much does due diligence cost in Marbella?
Due diligence costs are typically included within your lawyer's overall fee (usually around 1% of purchase price). The individual searches (nota simple, catastro) are inexpensive. The value is in your lawyer's ability to interpret what they find and advise you accordingly.
Can illegal builds be legalised in Spain?
Sometimes, but not always. It depends on when the build was completed, the current planning rules, and local authority policies. Some older illegal extensions are subject to a statute of limitations and cannot be prosecuted but also cannot be formally legalised. Your lawyer will advise on specific cases.