Property Due Diligence in Marbella: What Your Lawyer Should Check

A property can look perfect and still be a poor purchase.

The terrace may be beautiful.

The renovation may be immaculate.

The sea view may be exceptional.

But none of those things tell you whether:

• the seller legally owns everything being sold;

• a mortgage or charge affects the property;

• an extension is properly documented;

• the community has unpaid debts;

• the registered description matches reality;

• the intended use is legally possible.

That is what legal due diligence is designed to investigate.

For international buyers in Marbella, due diligence should not be viewed as paperwork that happens after the important decisions have already been made.

It is one of the important decisions.

The purpose is simple:

to understand exactly what you are buying before your financial commitment becomes difficult to reverse.

What Is Property Due Diligence?

Property due diligence is the legal review carried out before completion — and ideally before the buyer becomes substantially committed under a private purchase contract.

The precise scope depends on the property.

A standard apartment may require a relatively straightforward review.

A large villa that has been extended several times may require considerably more investigation.

An off-plan purchase has another set of issues entirely.

Your independent Spanish lawyer should determine the appropriate scope for the specific transaction.

Due Diligence Starts With the Seller

The first question is fundamental:

Does the person selling the property have the legal right to sell it?

The lawyer should verify registered ownership.

This is commonly done using Land Registry information.

The Spanish Colegio de Registradores explains that a nota simple contains information about the registered property, the identity of registered rights holders and the nature and limitations of registered rights affecting it.

That makes the Land Registry one of the first places to start.

What Is a Nota Simple?

The nota simple is an informational Land Registry document.

It can show matters such as:

• property identification;

• registered owner;

• mortgages;

• usufruct rights;

• other registered rights or limitations.

It is important to understand that the document reflects the registry position at the time it is issued.

A lawyer should therefore ensure that sufficiently current registry information is used during the transaction.

Before completion, the notarial and registration process also includes updated checks intended to protect the purchaser against intervening registered charges.

Check for Mortgages and Charges

A property may be sold while still subject to a mortgage.

That is not necessarily a problem.

Mortgaged properties are sold every day.

The issue is ensuring that the transaction correctly deals with the outstanding charge.

Your lawyer should identify:

• registered mortgages;

• embargoes;

• liens;

• other relevant registered limitations.

If a seller's mortgage is being repaid from the purchase proceeds, the cancellation process should be properly coordinated.

The buyer should not simply assume that because the seller says “the mortgage will be paid,” nothing more needs to be done.

Does the Registry Description Match the Property?

This becomes particularly important with villas.

The Land Registry may describe a property by reference to:

• plot;

• built area;

• floors;

• ancillary elements.

The physical home you visit may not always correspond perfectly with that description.

Differences can arise because of historical:

• extensions;

• enclosed terraces;

• basement conversions;

• guest houses;

• additional rooms;

• pool construction.

A discrepancy does not automatically mean the property cannot be purchased.

But it should be understood before the buyer proceeds.

Catastro and Land Registry Are Not the Same Thing

International buyers frequently confuse:

Registro de la Propiedad

and

Catastro.

They serve different functions.

The Land Registry records property rights and relevant registered legal interests.

Catastro contains cadastral information relating to the physical and economic description of property.

Your lawyer may need to compare information from both sources.

For complex properties, especially villas and plots, inconsistencies can require additional analysis.

Cadastral Reference

Spanish properties have a cadastral reference identifying them within Catastro.

Buyers should ensure that the documentation being reviewed corresponds to the property they are physically buying.

This is particularly relevant where a transaction includes:

• several plots;

• parking;

• storage;

• additional registered units.

Reference Value and Purchase Tax

Catastro's valor de referencia can also be important for tax.

The Dirección General del Catastro states that, where applicable, the reference value is used in determining the tax base for taxes including ITP and AJD; if the declared value, price or consideration is higher, the higher amount is used.

This means a buyer should not simply assume that resale transfer tax will always be calculated only on the negotiated purchase price.

Your lawyer or tax adviser should verify the tax base for the individual transaction.

For a broader explanation of purchase costs, see How Much Does It Really Cost to Buy Property in Marbella?.

Community Debts

Apartment, penthouse and townhouse buyers should pay particular attention to the community of owners.

This is not merely an administrative detail.

Spanish Horizontal Property Law provides that an acquired property can remain liable, through the property itself, for qualifying unpaid community charges corresponding to the current year and the three previous calendar years.

That makes community debt verification important.

Community Debt Certificate

At the public deed stage, the seller is generally required to declare whether community charges are up to date and provide a certificate confirming the position, unless the buyer expressly waives that requirement.

From a buyer-protection perspective, casually waiving that certificate should not be treated as routine.

The lawyer should understand the community payment position before completion.

Review More Than Community Debt

A buyer should also understand the community itself.

Where appropriate, legal review may include:

• community statutes;

• rules;

• recent meeting minutes;

• approved extraordinary charges;

• significant disputes;

• upcoming major works.

Why?

Because a seller can be completely up to date with fees while the community is about to approve a major façade renovation costing owners thousands of euros.

The debt certificate alone does not tell the full story.

Special Assessments

Spanish communities can approve extraordinary contributions for major works.

These may relate to:

• façades;

• roofs;

• lifts;

• waterproofing;

• garages;

• pools;

• structural maintenance.

Before purchasing, understand whether significant works have already been:

• approved;

• discussed;

• budgeted.

This is especially important in older beachfront communities.

EQUA's guide Is Beachfront Property in Marbella a Good Investment? explains why coastal buildings can face particularly expensive communal maintenance over time.

Community Rules

Community rules may also matter if the buyer intends to:

• renovate;

• keep pets;

• alter terraces;

• use parking in a particular way;

• rent the property.

Do not assume that owning the apartment gives unlimited freedom over the property.

Horizontal-property rules create shared obligations.

Tourist Rental Intentions Need to Be Checked Before Buying

If short-term rental forms part of the investment case, the lawyer should verify the current legal position for the specific property.

That may include:

• regional tourism requirements;

• municipal rules;

• community restrictions or approvals;

• existing registration where relevant.

Do not buy first and ask whether holiday rental is possible later.

The rental strategy should form part of the due-diligence brief before commitment.

IBI and Local Property Taxes

Your lawyer should normally verify the position relating to local property tax, commonly known as IBI.

Reviewing the current IBI documentation helps establish:

• current annual charge;

• cadastral details;

• whether payments are up to date.

Other municipal charges relevant to the property may also need to be checked.

Planning and Urban-Planning Position

For villas, this can be one of the most important areas of due diligence.

Marbella has a long and complex planning history.

The buyer should understand the legal and planning status of the property as it exists today.

Potential questions include:

• Was the construction authorised?

• Do additions correspond with licences?

• Are there unresolved urban-planning issues?

• Does the current use correspond with authorised use?

This is highly property-specific.

Do not use general statements about “Marbella planning problems” as a substitute for checking the actual property.

Building Licence

For newer construction, your lawyer may review the relevant building authorisation and related documentation.

For older homes, historical licences and later works may need to be examined where relevant.

The important issue is ensuring that substantial construction is not simply assumed to be authorised because it has existed for many years.

First Occupancy / Occupancy Documentation

Depending on the age, property type and legal framework applicable to the home, occupancy-related documentation may also form part of the legal review.

Its relevance can vary with:

• age;

• municipality;

• type of transaction;

• later alterations.

Your lawyer should determine which documentation matters for the particular property rather than applying a generic checklist blindly.

Extensions and Enclosed Terraces

This is a frequent issue in Mediterranean property.

Owners sometimes modify homes by:

• enclosing terraces;

• creating additional bedrooms;

• extending kitchens;

• incorporating covered spaces.

These works may improve the property enormously.

But the buyer should understand:

• whether they were authorised;

• whether they appear in the appropriate documentation;

• whether the registered built area reflects them.

This matters for both legal clarity and future resale.

Basement Conversions

Basements deserve particular attention in villas.

A basement may have originally been designed as:

• garage;

• storage;

• technical area.

Later, it may have been converted into:

• cinema;

• bedrooms;

• gym;

• guest apartment.

The buyer should not assume that every beautifully finished lower floor has the same legal status as the main residential areas.

Pools

Pools are another element that buyers often assume is legally uncomplicated.

For villas, the lawyer may need to confirm how the pool appears within the property's relevant documentation.

This becomes especially important where:

• pool was added later;

• plot has been substantially modified;

• physical reality differs from registry or cadastral information.

Guest Houses and Secondary Buildings

Luxury Marbella estates may contain:

• guest houses;

• staff accommodation;

• pool houses;

• gyms;

• separate garages.

The more structures on the plot, the more important it becomes to verify what each structure legally represents.

A six-bedroom property advertised online may not legally consist of six authorised bedrooms simply because six rooms are currently furnished that way.

Plot Boundaries

For detached homes and estates, boundaries can be important.

The buyer should understand:

• which land is being purchased;

• whether the property corresponds to one or multiple plots;

• how legal descriptions compare with physical occupation.

Where boundary uncertainty exists, specialist technical assistance may also be appropriate.

Rights of Way and Other Rights

Large plots or rural-style properties can involve rights affecting access or use.

Registered rights may include:

• easements;

• access rights;

• utility rights.

The Land Registry review is therefore not simply about mortgages.

It can reveal other limitations or rights affecting the property.

Energy Performance Certificate

Spanish rules require energy certification for many properties being sold.

For an existing building or part of a building being sold, current legislation generally requires the duly registered energy-performance certificate and label to be attached to the sale contract, subject to statutory exemptions.

The certificate should therefore form part of the sale documentation where applicable.

Why the Energy Certificate Matters

The certificate is not a substitute for technical inspection.

But it provides information concerning the property's energy performance.

This is increasingly relevant as buyers consider:

• climate-control costs;

• insulation;

• glazing;

• efficiency.

For older villas, the practical energy performance can differ substantially from a newer home.

Legal Due Diligence Is Not a Building Survey

This distinction is extremely important.

Your lawyer investigates legal matters.

A technical professional investigates physical condition.

A lawyer is not normally opening walls to determine whether waterproofing has failed.

An architect or surveyor is not necessarily determining whether the seller's mortgage has been correctly discharged.

The two reviews complement each other.

When Should You Get a Technical Inspection?

It can be particularly useful for:

• older villas;

• substantially renovated houses;

• properties showing cracks or damp;

• beachfront buildings;

• homes with complex technical systems.

A technical inspection may consider:

• structure;

• roof;

• waterproofing;

• moisture;

• plumbing;

• electrics;

• climate systems;

• pool;

• drainage.

For international buyers, EQUA's existing guide for Buying Property in Marbella as a Non-EU Buyer also distinguishes legal due diligence from technical inspection.

Renovated Property Requires Extra Attention

A newly renovated property can create a false sense of security.

The kitchen is new.

Bathrooms are new.

Furniture is beautiful.

But what exactly was renovated?

Was it:

• cosmetic?

or

• structural and technical?

A full renovation may involve:

• electrical systems;

• plumbing;

• windows;

• roof;

• waterproofing;

• air conditioning.

A cosmetic renovation may involve none of those things.

Buyers should understand the difference.

Older Villas Require More Due Diligence, Not Less

An older villa can be an excellent purchase.

It may offer:

• large plot;

• mature gardens;

• exceptional established location.

But decades of ownership can also mean decades of modifications.

That is why due diligence for an older Marbella villa often needs to go deeper than for a relatively straightforward modern apartment.

New Build Has Its Own Due Diligence

New construction does not eliminate legal risk.

It changes the questions.

A new-build or off-plan buyer may need the lawyer to review matters such as:

• developer;

• ownership of the land;

• building licence;

• contract;

• advance-payment protection;

• completion documentation.

For a detailed overview, see New Build Property in Marbella: Complete Buyer’s Guide 2026/2027.

Off-Plan Advance Payments

For qualifying off-plan residential purchases, Spanish law provides a framework for protecting certain advance payments through authorised guarantees and a special-account mechanism once the applicable statutory conditions are met.

Your lawyer should confirm:

• which payments are protected;

• guarantee documentation;

• account details;

• contractual delivery framework.

A large development and polished sales office do not replace legal review.

Is Furniture Part of Due Diligence?

Furniture is primarily a contractual rather than title issue.

But it still matters commercially.

Luxury Marbella properties may be sold:

• fully furnished;

• partly furnished;

• unfurnished.

If important items are included, the buyer should ensure the contract or inventory reflects what has actually been agreed.

Do not rely on assumptions based on the viewing.

Parking and Storage

An apartment listing may say:

“includes garage and storage.”

The lawyer should confirm how these are legally structured.

They may be:

• separate registered properties;

• annexes;

• rights associated with the main property.

Make sure the specific parking space and storage area shown during the viewing are actually the ones being sold.

Seller Identity and Authority

If the owner is an individual, ownership should be verified.

If the seller acts through:

• representative;

• company;

• power of attorney

the lawyer should confirm the authority to complete the transaction.

International ownership structures can make this more complex.

Corporate-Owned Property

Where the property is owned by a company, the legal analysis may differ from a simple private-owner sale.

The buyer's lawyer should determine:

• who owns the property;

• who can validly sign;

• whether the buyer is purchasing the property or considering another type of transaction.

Tax and legal advice becomes particularly important in structured transactions.

Inheritance Property

Inherited properties can also require additional documentation.

Issues can include:

• inheritance acceptance;

• registered ownership;

• several heirs;

• authority to sell.

Again, this does not mean inherited property should be avoided.

It simply means seller documentation needs to be complete.

Tenant or Occupant Status

The buyer should understand whether the property will be delivered:

• vacant;

• rented;

• occupied under another arrangement.

If a tenancy exists, your lawyer should review its relevance before purchase.

A buyer expecting immediate possession should not discover after signing that another person has continuing contractual rights to remain.

Utilities

Utility bills themselves are not the core of legal title due diligence, but they can reveal practical information.

Before completion, confirm how:

• electricity;

• water;

• other services

will be transferred and whether any issues need resolution.

For villas with unusual installations, technical questions can be particularly important.

The Seller's Property Description Is Not Due Diligence

Marketing material can contain:

• square metres;

• bedroom count;

• plot dimensions;

• renovation claims.

These are useful for the property search.

They are not substitutes for documentary verification.

If the advertisement says:

“350 m² built”

but the registered documentation tells a different story, the discrepancy needs to be understood.

Built Area vs Usable Area

Spanish property documentation may refer to several measurements.

These can include:

• built area;

• usable area;

• common-element allocations in apartment developments.

International buyers should avoid comparing square metres mechanically without understanding what measurement is being used.

The legal documents and floor plan should be reviewed together where size materially affects the decision.

Planning Information and Future Development

Due diligence is primarily focused on the property being bought.

But future surroundings can also affect value.

If the sea view depends on an empty plot in front, the buyer may want to investigate what can potentially be developed there.

This can require:

• planning information;

• technical advice;

• local investigation.

A view that is exceptional today is worth more if it has a strong level of protection.

Is a Lawyer Enough for Planning Questions?

Not always.

Complex villa or development questions may require collaboration between:

• lawyer;

• architect;

• surveyor;

• planning specialist.

Good due diligence is not about expecting one professional to know everything.

It is about assembling the right expertise when the property requires it.

When Should Due Diligence Happen?

Ideally, before the buyer becomes substantially and unconditionally committed.

A common sequence can involve:

1. offer;

2. reservation;

3. legal review;

4. private contract;

5. completion.

But the contract structure matters.

If a buyer signs a reservation first, that document should provide appropriate room for the legal review intended to follow.

For the contractual stages, see Reservation Contract vs Private Purchase Contract in Spain.

Do Not Rush Due Diligence Because Another Buyer Exists

Good Marbella properties can attract competition.

That creates pressure.

But the solution is not to abandon legal review.

The better solution is to be prepared.

Have your lawyer appointed before the right property appears.

Have proof of funds ready.

Understand your financing.

Then the lawyer can work efficiently when needed.

Due Diligence and Making an Offer

Some important legal protections can also be reflected in the commercial offer.

An offer may be made subject to:

• satisfactory legal due diligence;

• mortgage approval;

• technical inspection.

For more on structuring this stage, see Making an Offer on a Property in Marbella: What Buyers Should Know.

What If Due Diligence Finds a Problem?

Not every issue means the buyer should immediately walk away.

Potential responses can include:

• seller resolves the issue;

• contract is modified;

• price is renegotiated;

• completion is delayed;

• buyer withdraws where the contractual position permits.

The seriousness depends on the issue.

A missing community receipt is not the same thing as a major unresolved planning problem.

Legal Problem vs Commercial Problem

This distinction is useful.

Legal Problem

May affect whether the property can safely be acquired in the expected form.

Commercial Problem

May not prevent purchase, but affects value.

For example:

A very high community fee may be commercially unattractive without making ownership illegal.

A buyer should understand both categories.

Due Diligence Is Also About Resale

The checks you carry out today can protect your future sale.

Imagine buying a villa with an undocumented extension because:

“everyone in the area has one.”

Years later, your buyer's lawyer may identify the same problem.

That can:

• delay resale;

• reduce price;

• cause a buyer to withdraw.

A clean purchase today can improve your exit later.

Due Diligence Is Especially Important for Luxury Property

As property values increase, the transaction can become more complex.

Luxury homes may contain:

• multiple plots;

• guest houses;

• extensive basements;

• renovated structures;

• sophisticated technical installations.

A €5 million price tag does not mean somebody else has already checked everything for you.

In fact, the complexity can be greater.

What Should Your Lawyer Check on an Apartment?

A typical legal review may include:

• seller ownership;

• Land Registry;

• charges;

• cadastral information;

• IBI;

• community debts;

• community documentation;

• parking/storage;

• applicable occupancy and energy documentation;

• legal restrictions relevant to intended use.

The precise scope should fit the property.

What Should Your Lawyer Check on a Villa?

In addition to the core legal checks, the review may need greater focus on:

• plot;

• built areas;

• extensions;

• pools;

• guest houses;

• basement conversions;

• planning;

• licences.

A separate technical inspection is often particularly valuable.

What Should Your Lawyer Check on New Build?

Potential issues include:

• developer and land ownership;

• permits;

• contract;

• payment schedule;

• qualifying advance-payment guarantees;

• completion documentation.

New does not mean legally self-explanatory.

Property Due Diligence Checklist

Before proceeding fully, the buyer should understand:

Who legally owns the property?

What exactly is registered?

Are there mortgages, embargoes or other charges?

Does the physical home match the documentation?

Are community charges up to date?

Are major community works planned?

Is IBI up to date?

What is the cadastral position and reference value?

Do extensions or additional structures need investigation?

Is the intended rental or use strategy legally viable?

Is the energy certificate available where required?

Does the property require a technical inspection?

If any answer is unclear, investigate before increasing the commitment.

Common Due-Diligence Mistakes

Assuming the Notary Checks Everything for You

The notary has an important public role.

The notary is not the buyer's private legal adviser.

Looking Only at the Nota Simple

It is essential, but it is not the whole review.

Ignoring Community Minutes

A debt-free seller can still be selling before a major community expense.

Assuming Old Extensions Must Be Legal

Age alone does not answer the legal question.

Assuming a Renovated Property Has Been Fully Checked

A beautiful renovation can still contain legal and technical issues.

Confusing Legal Due Diligence With Surveying

You may need both.

Waiting Until After the Private Contract

Important checks should ideally occur before the buyer becomes heavily exposed.

Property Due Diligence in Marbella: Final Buyer Perspective

The objective of due diligence is not to find a reason not to buy.

It is to know what you are buying.

A good property can have minor issues.

A seller can resolve documentation.

A buyer can accept certain risks knowingly.

What is dangerous is discovering those risks only after completion.

The strongest Marbella purchases combine:

good property

good price

and

legal clarity.

None of those three should be assumed simply because the property looks exceptional.

Buying Property in Marbella With EQUA Estates

EQUA Estates works with international buyers across Marbella, Benahavís, Estepona and the wider Costa del Sol.

Our role in the transaction can include:

• sourcing and property comparison;

• commercial negotiation;

• coordination of documentation;

• communication with the selling party;

• coordination with the buyer's independent lawyer and technical professionals.

Legal due diligence remains the responsibility of the independent lawyer appointed by the buyer.

For complex villas, renovated homes or unusual properties, additional technical professionals may also be appropriate.

That separation of roles matters.

Because the objective is not simply to complete a Marbella purchase.

It is to complete the purchase knowing exactly what sits behind the keys you are receiving.