Buying Safely in Spain: The Checks Your Lawyer Does for You

Buying safely in Spain comes down to a handful of standard checks that your own Spanish lawyer carries out for you: the nota simple from the Land Registry, the title deed, the first-occupation licence and confirmation that no debts come with the property. On a new-build golf-resort home they're simple, usually done within one to three weeks, and we guide you through every step.

Many UK and Irish buyers expect the legal side to be the complicated part. In practice it's one of the most orderly parts of buying in Murcia. Spain has a clear registry system, a notary signs off every sale, and a good lawyer works through the same checklist on every purchase.

This is what that checklist looks like, in the order it usually happens.

Who carries out the legal checks when I buy in Spain?

Your own independent Spanish lawyer (abogado). You appoint them, you pay them, and they act only for you. That is the standard we recommend to every MedSol buyer: one professional, working on your side, who reads every document before you commit. If you don't already have someone, we introduce you to independent, English-speaking lawyers who handle resort purchases regularly, and you're always free to choose your own.

Most buyers give their lawyer a power of attorney, so the checks and even the signing can go ahead while you're back home in the UK or Ireland. Lawyer's fees sit inside the usual purchase costs, which on a new-build come to roughly 12-13% on top of the price (10% VAT, 1.5% stamp duty (AJD) in Murcia, plus notary, registry and legal fees).

What is the nota simple and what does my lawyer look for?

The nota simple is a short official extract from the Registro de la Propiedad (Land Registry). It's the first document your lawyer requests, and it confirms:

• Ownership: who the registered owner is, so the seller or developer is exactly who they say they are
• Description: the size and details of the property as registered
• Mortgages: any loan secured on the property, and that it will be cleared at completion
• Charges: any rights of way, easements or other entries on the title

Because the nota simple is a snapshot of that day, your lawyer requests a fresh one just before completion as well. Anyone can order one for a small fee, so you're welcome to look at it yourself too.

Does the title deed match the home I'm buying?

The escritura is the title deed, signed before a notary. Your lawyer compares three things: the deed, the Land Registry entry and the Catastro (the property's cadastral record). They should all describe the same home, with the same built area.

On a brand-new home this is at its simplest. The development has been registered as a whole, each plot or apartment has its own registry entry, and your deed is being drawn up fresh for your purchase.

What is the licencia de primera ocupación?

It's the first-occupation licence issued by the town hall. It confirms the finished building matches its approved plans and is fit to live in. In some Spanish regions the equivalent document is called a cédula de habitabilidad; in Murcia it's usually the licencia de primera ocupación.

It matters for everyday reasons. Utility companies ask for it to connect water and electricity, and banks ask for it before releasing a mortgage. On a new-build, the developer obtains it once construction is complete, and your lawyer checks it's in place before you sign at the notary.

Which debts could come with a property, and how are they checked?

A few costs in Spain attach to the property rather than the person, so your lawyer makes sure they're all paid up to date before completion. It's a quick, routine check.

On a new-build bought directly from the developer, you're the first owner, so there's no history of unpaid community fees or council tax to inherit. Your lawyer still gets it in writing, as it should.

If I'm buying off-plan, what extra checks are there?

Two, and both are reassuring. First, your lawyer confirms the building licence has been granted. Second, they check that every stage payment you make is protected by a bank guarantee or insurance policy, as Spanish law requires under Ley 20/2015 and the Ley de Ordenación de la Edificación. If the home isn't completed, your money comes back with interest.

We cover how that works in detail in our guide to off-plan bank guarantees in Spain.

Why is a new-build on an established resort the straightforward route?

Because most of the paperwork questions buyers worry about simply don't come up. With a new-build home on an established golf resort:

• The land and planning are settled. The resort has been through the town hall's planning process as a whole.
• You're the first owner. No previous owner's extensions, no inherited debts, no history to untangle.
• The licences come with the build. The developer obtains the first-occupation licence before you complete.
• You get Spain's new-build warranties. Under the Ley de Ordenación de la Edificación there's 1 year for finishes, 3 years for installations and habitability, and 10 years for structural elements.
• Off-plan payments are protected by law. Bank guarantees or insurance cover your stage payments.

That's why at MedSol we focus on new-build homes on resorts across the Region of Murcia: Omala Residences, Alhama Nature at Condado de Alhama, Corvera Hills and Santa Rosalia. Your lawyer still does every check. They just tend to come back clean and quickly.

How long do the checks take?

Usually one to three weeks, depending on how quickly the town hall and registry respond. On a new-build, many documents are prepared by the developer in advance, which keeps things moving. We guide you through each step, from reservation to completion and handover, so you always know what comes next.

What happens on completion day?

You, or your lawyer under power of attorney, sign the escritura before a notary. The balance is paid, the keys are handed over, and the notary sends the deed to the Land Registry to be recorded in your name. Then you can start enjoying the place.

FAQ

Can I get a nota simple myself?

Yes. Anyone can request one from the Registro de la Propiedad for a small fee. Your lawyer will still order a fresh copy just before completion.

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

Yes, and we recommend it to every buyer. A new-build is the simplest kind of purchase to check, and your own lawyer confirms the licences, registration and payment protections for you.

What is the licencia de primera ocupación?

It's the town hall's first-occupation licence confirming a finished home matches its approved plans and is fit to live in. In Murcia it's the standard document utilities and banks ask for.

How far back do community-fee debts go?

Under the Ley de Propiedad Horizontal, unpaid community fees for the current year plus the previous three attach to the property. Your lawyer gets a certificate from the community administrator confirming everything is paid.

How much are the purchase costs on a new-build in Murcia?

Budget roughly 12-13% on top of the price. That covers 10% VAT, 1.5% stamp duty (AJD), and notary, registry and legal fees. We give you an itemised cost breakdown for any home before you reserve.

If you'd like to see the resorts for yourself, I'd love to show you round. Message me on WhatsApp on +44 7424 864 684 or send an enquiry and I'll get straight back to you.

This article is general information, not legal or financial advice. Confirm your own position with a qualified Spanish lawyer or tax adviser before you act.

About the author — Lee Doherty is the founder of MedSol Real Estate. He spent two years researching the region before buying here himself, and now helps UK and international buyers find golf-resort homes across the Region of Murcia.