Common pitfalls when buying property in Spain, and how to avoid them

Buying property in Spain is straightforward when you know what to check and in what order. Most of the problems buyers run into are avoidable, and nearly all of them stem from assuming the process works the same way it would at home. Here are the six most common pitfalls, what causes them, and where to find the full detail on each.

1. Not doing proper due diligence on the property

The single biggest source of problems is moving too fast on a property before confirming its legal status. Was it built with planning permission? Is the full structure — including any pool, garage, or outbuilding — properly registered? Has any past renovation work been legalised? Illegally built extensions and unregistered structures are common in Spain, and buying one can mean fines, forced demolition, or serious difficulty reselling later. Before you go any further, check the documents the seller should provide to confirm the property's legal status.

For off-plan purchases, the checks are different again — confirming the developer and project are properly registered, and that your deposit is protected if the build doesn't complete. Off-plan purchases in Spain carry their own specific risks worth understanding before you commit.

2. Not checking your lawyer's credentials

Working in an unfamiliar legal system and language raises the stakes considerably if something is lost in translation. Always confirm your lawyer is registered with a Colegio de Abogados (bar association) — ask for their registration number and verify it directly. A lawyer who is fluent in both Spanish and your own language reduces the risk of a costly misunderstanding at a critical stage. Do you need a lawyer to buy property in Spain? explains what to look for and what to expect.

3. Underestimating Spanish property contracts

Spanish contracts do not work the same way as those in most buyers' home countries. A few of the most common misunderstandings: notary fees are not automatically the buyer's responsibility in full — you typically only pay for your own copy of the deeds; the annual property tax (IBI) should only be split proportionally for the months you actually own the property, not the full year; and the contrato de arras — the pre-purchase deposit contract — needs careful review, as it determines what happens financially if either side pulls out.

4. Missing problems with the title deeds

Two situations catch buyers out most often. The first is inheritance: if a property is being sold by the heirs of someone who has died, and the inheritance process has not been fully completed, make sure they are legally entitled to sell — otherwise you risk lengthy and costly litigation. Spanish inheritance law works differently from most other countries, so this is worth understanding even if you are only buying, not inheriting.

The second is existing tenants: if the property is occupied, the sitting tenant generally has 30 days to match any offer before the owner sells to someone else (derecho de tanteo), and a further 30 days to challenge the sale afterwards if they were not properly notified (derecho de retracto). Establish clearly and early whether the property has any tenants in place before you go any further.

5. Not researching buy-to-let restrictions properly

If you are buying with rental income in mind, check local restrictions before you commit, not after. A tourist licence is required for short-term holiday lets, and several municipalities have paused or heavily restricted new licences in recent years — meaning a property that looks like a good investment on paper may not legally be lettable the way you intend. Buy-to-let in Spain and Spain's tourist licence system cover what is and isn't possible, area by area.

6. Assuming estate agent fees only apply to the seller

In most transactions, the estate agent's commission is paid by the seller, not the buyer. However, this is not universal — some agents do charge buyers directly, particularly for certain types of listing or in competitive markets. Clarify this upfront with any agent you work with, so it does not become an unexpected cost late in the process. Working with estate agents in Spain explains what to expect and what to ask.

The common thread

Nearly every pitfall on this list comes down to the same thing: assuming the Spanish process mirrors what you are used to at home, and moving forward before checking whether it actually does. An independent lawyer, engaged early, is the most effective safeguard against all six. If you're just starting out, the step-by-step process of buying property in Spain is the best place to begin.