10 Documents you should ask for before buying a property in Spain

Buying a property is a process that requires great care. Whether you are looking for a holiday home, an investment property or a new home to live in, it is essential that you make sure the transaction is seamless and secure. To do this, you should request and check various documents before closing the sale. These documents will ensure that the property is in good condition, legal and debt free. That way, you will be able to avoid any unpleasant surprises once you become the owner.

As we are aware that this process can be complicated, we have created a list so you don’t forget any of the important documents.

1. Nota simple (property report)

The Property Report from the Spanish Land Registry is a document that provides information about the property you are going to buy. Obtaining the Property Report will enable you to check the seller is the genuine owner of the property and that the property is free from mortgages, debts or charges.

To request the property report you will need to provide some of the following details:

• CRU/IDUFIR (Unique Registration Code / Unique Identifier of the Registered Property)
• Details of the current owner: full name and NIF (Tax ID).
• The Property’s registry details: province, municipality, registry and plot number
• Location of the property if you do not know the above details

You can request the property report both in person and through the Registradores de España (Land Registry) website.

2. Receipt from the latest payment of the IBI property tax

If you are purchasing a second-hand property, the seller should hand over the most recent receipt for the Impuesto sobre Bienes Inmuebles (property tax) (IBI) as proof that payments are up to date. This tax is compulsory for all property owners in Spain and becomes the responsibility of the new owner once the property has been purchased.

The person responsible for paying the IBI for the year of purchase is the person that appears as the owner of the property on January 1st. It is likely that, at the time of purchase, the seller will have already paid the amount for that year. For this reason, it is normal for both parties to agree that the buyer will pay the proportional amount of the months for which they will be the property owner. For example, if the sale is completed in May, the buyer would pay the amount corresponding from May to December. For increased security, it is advisable to put this agreement in writing.

If you do not come to an agreement and the buyer refuses to pay the proportional amount, the seller could file a legal claim to recover that amount.

3. Certificado de Eficiencia Energética (Energy Efficiency Certificate)

The Energy Efficiency Certificate (CEE in Spanish) is a document that the seller or developer must provide to the buyer. This certificate enables you to find out the level of energy consumption and energy efficiency of the property, in addition to the improvements recommended to increase the rating. The rating obtained will influence the monthly energy bills and may be in important factor in choosing one property over another.

The rating varies from category A, which is the most efficient, to category G, which is the least efficient.

4. Licencia de primera ocupación (Licence of First Occupation)

The Licence of First Occupation certifies that the property has been built in accordance with the plan outlined in the planning permission and meets building and urban planning regulations. This licence is issued once a new build or substantial renovation of a property has been completed. It is a legal requirement to permit the occupation and use of the property.

5. Cédula de habitabilidad (Certificate of habitability)

The certificate of habitability certifies that the property complies with the standards of habitability and safety established by local authorities. Its purpose is to guarantee that the property is suitable to live in. This document is essential in order to register and transfer the deeds of the property, and also to connect basic services like water and electricity.

However, since this document is very similar to the licence of first occupation, some autonomous communities have decided to abolish it. Currently the certificate of habitability is mandatory in Asturias, Balearic Islands, Cantabria, Catalonia, Valencian Community, Extremadura, La Rioja, Murcia and Navarre. In the remaining autonomous communities, the licence of first occupation is all that is required. Make sure that the seller or developer provides you with a licence of first occupation or a valid certificate of habitability.

6. Inspección Técnica de Edificios (Technical Building Inspection) (ITE)

The Technical Building Inspection, better known as ITE in Spanish, is an assessment carried out to check if a building meets safety, health and accessibility requirements. This inspection is compulsory for buildings that are over 30 or 50 years old (depending on the municipality) and must be repeated every 10 years. If you are buying a property of this age, it is advisable to ask the owner for the ITE report. This will enable you to check if the building is in good condition or if there are any shortcomings or work needs to be carried out.

7. Floor plans of the property

Requesting the floor plans of the property is essential to find out the exact layout, and to identify potential modifications made after the initial construction. You should make sure that the plans match what you are purchasing and that there are no significant differences.

8. Licencia de obra (building permit) and certificado de final de obra (final completion certificate)

Before buying a new property, it is vital to make sure the project has a building permit. The building permit is a document issued by the city council which authorises the construction of the building. Requesting a copy of this licence is fundamental, since it guarantees that the construction is in order and meets local regulations.

For its part, the final completion certificate verifies that the construction has been completed in accordance with the approved plan and current regulations. This certificate is required for the property to be legally inhabitable and to be able to register it in the Land Registry.

9. Certificado de deuda (debt certificate) and estatutos (statutes) of the comunidad de vecinos (residents’ association)

If you are going to buy a second-hand property within a building or housing development, you should ask for the debt certificate of the residents’ association. This certificate proves that the seller is up to date with payments and does not owe the residents’ association any debts. Submitting this certificate to the notary during the purchase process is mandatory. Bear in mind that, if the seller has debts owing, the buyer could inherit those debts when becoming the new owner.

It is also advisable to ask for information about the most recent ‘derramas’ or contributions approved to make sure there aren’t any pending. It is important to bear in mind that contributions must be paid be the person that is the property owner at the time the payment is made. This means that, if you purchase a property with a previously approved contribution which has not yet been paid, you will be responsible for bearing the cost as the new owner.

The statutes list the rules of the residents’ association. It is not compulsory, but it is advisable to ask for a copy from the seller to find out the rules that affect the property.

10. Latest utility bills

When you buy a second-hand property, it is advisable to request the receipts for utilities, such as water, electricity and gas, to check they are up to date. Knowing these costs will help you to understand what your financial responsibilities will be when you become the owner. Make sure you know the costs associated with these services to budget appropriately.

Asking for and checking these documents is vital to protect your interests as a buyer. It would also be advisable to take advice from a lawyer to guarantee that all legal aspects are in order and to answer any questions you may have during the purchase process. With the right information and guidance, you will be able to enjoy your new property in Spain with peace of mind and security. If you need more information about the purchase process, we recommend you read the article where we explain the steps you should take to purchase a property.