Legal Checks Before You Sign: A Due Diligence Checklist for Buyers from the United Kingdom
Before any notary deed is signed in Spain, a lawyer or gestoría needs to verify who really owns the property, what debts sit on it, and whether its licences are in order. Here is what that check should cover and why it matters for buyers coming from the United Kingdom.
Who is behind this page. Sókerim is a Spanish real-estate agency (Lyrio Home Solutions, S.L.) with offices in the Madrid region and Alicante and a network of about 1,000 collaborating agencies across Spain. We help people who live abroad find, buy and manage property in Spain, in English, from the first search to the keys.
What 'Due Diligence' Actually Means Here
Buying a home in Spain from the United Kingdom means you cannot simply walk into the town hall or the Land Registry yourself. A lawyer or gestoría does that groundwork for you, and the results shape whether you proceed, renegotiate, or walk away before signing.
This is not paperwork for its own sake: an unpaid debt or a missing licence can attach to the property itself, not just to the seller, so the checks described below protect the money you are about to send to Spain.
Ask for every check in writing before you transfer any deposit, not after — cancelling a signed deed is far harder than delaying one.
Why Due Diligence Matters Before You Sign
When you buy from the United Kingdom, you rely on a lawyer or gestoría to check title, debts and permits before you commit, because once the deed is signed before a Spanish notary, problems become far costlier to fix. This work happens in the weeks before signing, not after.
A UK buyer typically needs proof of income such as a recent P60 and payslips, a last filed Self Assessment return, bank statements from the last three to six months, evidence of any existing loans, and a valid passport. These support identity and fund-origin checks that Spanish notaries and banks require before completion.
Title, Ownership and Charges: What Must Be Verified
The first document any lawyer requests is a nota simple from the Land Registry, confirming who legally owns the property, its registered size and boundaries, and whether it carries a mortgage, embargo or other charge. Nothing should be signed until this nota simple is current.
Charges do not disappear when a property changes hands: an unpaid mortgage or a court embargo against the seller can stay attached to the home itself. A lawyer should request evidence that any debt will be cancelled or settled at completion, with part of the price withheld if needed.
A nota simple only shows what is already registered; a thorough check also asks the town hall and the community administrator for debts that have not yet reached the Land Registry.
Licences, Habitability and Urban Planning Status
Beyond ownership, a lawyer checks whether the building has a valid first-occupation licence and, for older homes, a habitability certificate, since without these, transferring utilities into your name can be difficult. Illegal extensions or rooms built without planning permission are a frequent source of later disputes.
If you plan to rent the property to tourists, check separately whether the region and the building itself allow it; some communities of owners restrict short lets in their own bylaws even where a regional licence would otherwise be granted.
NIE
Tax Number First
Every buyer needs a Spanish NIE before signing; a lawyer can request it on your behalf if you cannot travel to apply in person.
90/180
Visits Without a Visa
As a British citizen, you can stay in Spain for up to 90 days in any 180-day period without a visa; longer stays need a residence permit.
3 %
Withholding on Sale
When a non-resident later sells, the buyer withholds 3% of the price on account of Spanish tax, settled against the final liability.
Community, Taxes and Running Costs to Check
Ask the community administrator for a certificate confirming the seller has no outstanding community fees; unpaid charges from the current and previous year can pass to the new owner under Spanish law. The same request should cover the latest IBI, the municipal property tax.
Once you own the property, as a non-resident you file an annual Modelo 210 return, and rental income is taxed in Spain. The double taxation agreement between Spain and the United Kingdom, together with local advice, determines how the same income is reported to HMRC; keep a record of exchange-rate movements too, since payments to Spain are made in euros from sterling.
| Check | Typical weeks before signing | Who requests it |
|---|---|---|
| Nota simple (ownership and charges) | 2-4 | Lawyer or gestoría |
| Community fees certificate | 1-2 | Lawyer, from the administrator |
| Occupation or habitability licence | 2-4 | Lawyer, from the town hall |
| IBI receipt and plusvalía estimate | 1-2 | Lawyer or gestoría |
- Request an up-to-date nota simple before making any commitment.
- Confirm there are no outstanding community fees or unpaid IBI.
- Check for a valid occupation or habitability licence.
- Ask whether a tourist rental licence is realistic for this property and building.
- Keep proof of income, tax returns and bank statements ready for the notary and bank.
If you live in the United Kingdom
Spain is a relatively short flight away from most UK airports, making regular visits to a Spanish property straightforward for owners based in Britain. Many British buyers are drawn to Spain for its climate, coastal lifestyle and established expatriate communities. One practical point to bear in mind is that Spanish inheritance law differs from UK rules, so it is worth taking specific advice on how it may affect the property and one's estate. Currency movements between sterling and the euro can also affect the overall cost of purchase and ongoing expenses.
What a Spanish bank will usually ask you for
- Proof of income: recent P60 and payslips
- Last filed UK tax return (Self Assessment)
- Bank statements from the last three to six months
- Evidence of existing loans or mortgage commitments
- Valid passport or UK national identity document
Tax at home and in Spain
Spain and the United Kingdom have a double taxation agreement in place, and a local tax adviser should confirm how rental income or gains from Spanish property must be declared and reported to HMRC.
Staying in Spain
As the United Kingdom is no longer an EU member state, British citizens may stay in Spain for up to 90 days in any 180-day period without a visa, and must apply for a visa or residence permit for longer stays.
Since the United Kingdom uses the pound sterling (GBP) rather than the euro, buyers should factor in exchange-rate movements and currency conversion costs when paying for a property or transferring funds to Spain.
Frequently asked questions
Can my lawyer get my NIE for me if I can't travel to Spain?
Yes, a lawyer or gestoría can usually apply for your NIE on your behalf with a power of attorney, so you do not need to be in Spain in person. This is common for buyers coming from the United Kingdom who want to keep travel to a minimum before signing.
What happens if the seller has unpaid community fees?
Under Spanish law, unpaid community fees from the current year and the previous year can pass to the new owner. That is why a lawyer requests a certificate from the community administrator confirming the account is clear before you sign anything.
Do I need a Spanish bank account before checking the property's legal status?
Not for the checks themselves, but you will usually need one for the purchase itself and for ongoing costs like IBI and community fees. Many buyers open it once the nota simple and licence checks come back clear and the purchase moves forward.
Is the Golden Visa still an option if I buy a property in Spain?
No. The Spanish Golden Visa route for property investors ended on 3 April 2025. As a British citizen you can still stay up to 90 days in any 180-day period without a visa, and would need a different residence permit for longer stays.
How do I know if a property can legally be rented to tourists?
A lawyer checks both the regional tourist-licence rules and the building's own community bylaws, since some communities restrict short lets even where the region allows them. This should be confirmed before you assume any rental use is possible.