How to Check a Property Is Legal Before You Buy in Spain

To confirm a Spanish property is legal, pull the nota simple from the Land Registry to check ownership, debts and charges; match the escritura (title deed) to the physical property; verify the habitation certificate exists; confirm the property and any extensions are registered; rule out protected land or a rambla; and check for unpaid IBI and community debts.

Buying in Spain works differently from the UK, and the paperwork is where deals quietly go wrong. A place can look finished, sit on a smart resort, and still carry a debt or a missing licence that becomes your problem the day you sign. The good news: every one of these checks is doable before you commit a euro.

What does "legal" actually mean for a Spanish property?

It means the property exists on paper exactly as it exists in real life, that the person selling it is the registered owner, and that nothing is attached to it that you'd inherit. Four documents carry most of the weight, and your lawyer will read all of them.

The person doing this work matters. Use an independent lawyer — one you hire and pay directly, with no link to the seller, agent or developer. That independence is the single biggest protection you have, and it's the standard MedSol asks every buyer to hold to.

What is the nota simple, and what should it show?

The nota simple is an official extract from the Registro de la Propiedad (Land Registry). It tells you who legally owns the property, its registered size and boundaries, and — crucially — anything charged against it. Read it for four things:

• Ownership — the seller's name matches the registered owner, in full.
• Mortgages — any loan secured on the property, and whether it's being cleared at sale.
• Charges (cargas) — easements, rights of way, or conditions attached to the land.
• Embargoes (embargos) — a court or tax authority has frozen the property over a debt.

The extract is a snapshot, so your lawyer will pull a fresh one close to completion. A clean nota simple from three months ago tells you little today.

Does the escritura match the real property?

The escritura is the title deed — the notarised document recording the sale and the property's legal description. Compare it, line by line, against what's actually there. Boundaries, built area and rooms should agree with the deed and the valor catastral record (the property's registered value at the Catastro). If the deed says 90m² and the house is 140m², someone extended it without declaring it — and until that's legalised, part of your home has no legal existence.

Is there a valid habitation certificate?

Treat this as a hard stop. The licencia de primera ocupación (first-occupation licence), also called the habitation certificate, is the town hall's confirmation that a completed building matches its approved plans and is fit to live in. In some regions the equivalent is the cédula de habitabilidad; in Murcia you'll usually see the licencia de primera ocupación. Spanish banks require it before releasing mortgage funds, and utility companies need it to connect water and electricity. No certificate means no guaranteed water, power or mortgage — and a resale that's harder than the one you're standing in.

Is the property registered — and is the land buildable?

Confirm the property and every extension appear on the nota simple. An unregistered pool, garage or extra floor is a liability you'd take on. Then check the land itself. A home built on rustic (rural) or protected land, or across a rambla — a dry riverbed that channels flash floods — may never be fully legalisable, and may face demolition orders or flood risk. This matters in Murcia, where ramblas cross the landscape and inland plots blur the line between buildable and rustic. Your lawyer checks the urban-planning classification at the town hall.

What debts transfer with the property?

In Spain, some debts stick to the property, not the seller — you'd inherit them.

Ask for a written community certificate confirming fees are paid up to date, and the latest IBI receipt. Don't accept a verbal "it's all clear."

Red flags — slow down if you see these

• The seller or agent steers you toward "their" lawyer, or discourages independent advice.
• The habitation certificate can't be produced, or is "being sorted."
• The built area on the deed doesn't match the property or the Catastro.
• Pressure to pay a large deposit before your lawyer has seen the nota simple.
• An off-plan developer with no bank guarantee protecting your stage payments.
• The plot sits on rustic land, near a rambla, or the boundaries don't line up on the ground.

Any one of these is a reason to pause, not to panic — but each needs a clear answer in writing.

FAQ

Can I get a nota simple myself?

Yes. Anyone can request one from the Registro de la Propiedad for a few euros. Your lawyer will re-check it before completion.

Is the habitation certificate the same across Spain?

The purpose is the same, but the name and rules vary by region. In Murcia it's typically the licencia de primera ocupación.

What if the property has an unregistered extension?

It may be legalisable through the town hall, but not always. Confirm the route, cost and timeline before you buy.

Do I really need my own lawyer for a new-build on a resort?

Yes. A polished show home doesn't replace independent checks on the licence, registration and stage-payment guarantees.

How long do these checks take?

Usually one to three weeks, depending on how quickly the town hall and registry respond.

If you're weighing a golf-resort home in Murcia and want the paperwork checked properly, MedSol can introduce you to an independent Spanish property lawyer before you sign anything. Get in touch.