What it is
Legal due diligence is a review of a property's legal situation, carried out before you pay or sign. Its purpose is to confirm that the seller can sell, that the property is as described, and that nothing prevents you from using or reselling it as you plan. It covers the legal documents. It does not replace a survey of the building's physical condition, which is done by an architect or a surveyor.
When you need it
Before you pay a reservation deposit or sign a private contract. It matters most for older properties, rural land, homes that have been extended or altered, and new homes bought off-plan.
What I check
- Ownership. That the seller is the registered owner and has the right to sell, using the Land Registry extract (nota simple).
- Charges. Mortgages, seizures or other charges registered against the property.
- Description. That the registry entry matches the cadastre and what you are buying: size, boundaries and any extensions.
- Planning. The status of the land, and whether buildings, extensions or pools have the required licences or have been legally regularised.
- Occupancy. The occupancy licence or equivalent document, and whether tenants or other occupants have rights over the property.
- Debts. Unpaid property tax and community fees.
- Off-plan homes. The developer's licences, the bank guarantee for payments on account and the completion documents.
How it works
- You send me the property details, the listing and any documents you have received.
- I request the registry and cadastral information and review the documents.
- I report to you in writing, in plain English, on what I found and on what needs to be resolved before signing.
- If problems appear, I advise you on the options: negotiating, requiring the seller to resolve them before the deed, or not proceeding.
What I do for you
I review the legal documents and explain their consequences for you. Where a property needs a local professional, such as a surveyor or an architect, I coordinate it on your behalf. The review is the first step of a purchase; the rest is described under buying property in Spain.
Frequently asked questions
Is a nota simple enough?
It is an important starting point, but it does not show everything. Planning status, differences with the cadastre and some debts usually require further checks.
What if the property has a mortgage?
This is common. The mortgage can be cancelled at the deed out of the sale price, provided it is organised correctly with the lender.
Can you inspect the property?
I review the legal documents. For the physical condition of the building, I can coordinate a surveyor or an architect if you need one.
Not sure where to start? Tell me about your situation.
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