Checking a Property in Spain Is Empty and Squatter-Free Before You Buy
Stories about 'okupas' make many British buyers nervous about purchasing a home they cannot inspect in person every week. Before you commit money on a property in Spain, there are concrete checks that confirm it is empty, legally yours to enter, and free of unwanted occupants.
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.
Why This Worry Is Reasonable, Not Paranoid
Spain's eviction process for illegal occupation can be slow, and once someone is inside a home, removing them is a legal procedure rather than something an owner can do alone. For a buyer in the United Kingdom, who may not see the property again between an online reservation and completion, this uncertainty is understandable. The good news is that vacant possession is checkable, and it should be checked as a matter of routine, not left to trust.
In Spain, as everywhere in Spain, the Land Registry, the local town hall, utility suppliers and a simple visit together build a clear picture of whether a home is lived in, locked up and legally free to transfer. None of these checks is exotic; they are part of normal due diligence before signing anything.
A property can look empty from the street and still have someone inside: a physical visit is never enough on its own, it must be combined with document checks.
What "Empty and Squatter-Free" Actually Means
A property is considered vacant when no one is living in it without the owner's consent, the keys are controlled by the seller or their agent, and there is no open legal dispute over who occupies it. This is different from a tenanted property with a valid lease, which is a normal and legal situation that simply needs to be disclosed and handled through the correct notice periods.
Before any reservation contract is signed on a home in Spain, we ask the seller directly whether the property is occupied, by whom, and under what title, and we cross-check the answer against the documents described below rather than relying on their word alone.
Sellers sometimes genuinely don't know a relative or former tenant has moved back in: independent verification protects both buyer and honest seller.
How We Verify Vacant Possession Before You Buy
NIE
Your tax number, their paperwork
While you obtain the Spanish tax number (NIE) every buyer needs, we request the seller's updated Land Registry extract (nota simple), recent utility bills in their name, and confirmation from the community administrator that no complaints about occupation are on file.
A recent nota simple shows whether any claim, embargo or occupation notice has been registered against the property, and it confirms the seller is the true legal owner entitled to sell. Utility consumption records, where available, indicate whether the home has been used recently, which is a useful indirect signal alongside a physical inspection.
We also ask a local gestor or lawyer to check with the town hall and, where relevant, with neighbours or the building's porter, since a community that has seen strangers coming and going will usually know about it long before a legal notice would ever be filed.
What Happens at Notary and Registry Stage
| Step | Order | What it confirms |
|---|---|---|
| Nota simple review | 1 | Ownership and any registered claims |
| Physical visit or video walkthrough | 2 | Current state and apparent occupation |
| Community and utility checks | 3 | Recent use and any disputes |
| Notary signing | 4 | Seller declares the property is free of occupants |
| Land Registry update | 5 | Your ownership recorded, usually within some weeks |
At the notary, the seller formally declares under their signature that the property is free of tenants or occupants unless otherwise agreed, which becomes part of the public deed. This declaration carries legal weight and gives you grounds to act if it later proves false, though prevention through earlier checks remains far more useful than a remedy after the fact.
Once signed, the deed is sent to the Land Registry in Spain to register your ownership, which usually takes some weeks. Keeping copies of every check carried out before that date is good practice, in case questions ever arise about when vacant possession was confirmed.
Practical Steps for Buyers From the United Kingdom
- Ask for a nota simple dated as close as possible to the reservation date, not an old copy.
- Request photos or a live video walkthrough if you cannot travel before signing.
- Confirm who holds the keys and whether the seller still lives there until completion.
- Check with the community administrator for any record of occupation disputes.
- Keep proof of income, recent bank statements and your passport ready, since these are typically requested when opening a Spanish account or arranging a mortgage with a partner such as Colibrí Finances.
As the United Kingdom is no longer an EU member state, British buyers can stay in Spain for up to 90 days in any 180-day period without a visa, which is often enough time to attend the signing and carry out a final visit yourself, though longer stays require a visa or residence permit. Spain and the United Kingdom have a double taxation agreement, and a local tax adviser should confirm how any future rental income or gains must be declared and reported to HMRC.
Since the United Kingdom uses the pound sterling rather than the euro, it is also worth factoring exchange-rate movements and currency conversion costs into the timing of any transfer you make towards the purchase.
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 a seller really not know their property has squatters?
Yes, particularly with inherited homes, holiday properties visited rarely, or buildings with several units. This is exactly why we don't rely on the seller's statement alone: the nota simple, utility records and community checks give an independent picture before you commit any money to a property in Spain.
What if occupation is discovered after I've paid a deposit?
A reservation contract should make vacant possession a condition of completion. If occupation is found before signing at the notary, you can withhold the balance or walk away under the agreed terms. This is why checks happen before the main payment, not after.
Does a tenant with a lease count as a squatter?
No. A tenant occupying under a valid, registered lease is a legal situation, not occupation. It simply needs to be disclosed clearly so you understand the notice periods and rights involved, which differ completely from an illegal occupation.
Can I rely on photos sent by the seller's agent?
Photos help but shouldn't stand alone. We recommend a live video walkthrough timed close to completion, combined with the registry and utility checks described above, since photos can be old or taken selectively.
How does buying from the United Kingdom affect how carefully I need to check this?
Distance makes independent verification more important, not less. With a 90-day Schengen allowance per 180 days, many British buyers cannot pop over repeatedly, so documented checks before signing matter more than they would for someone living nearby.