Legal due diligence is essential when buying a new-build or off-plan property in Spain. A polished sales presentation does not replace verification of the developer, land, planning position, contracts, buyer-payment protection and completion documentation. The review should be performed by a lawyer acting independently for the buyer.

Before paying a reservation fee

Confirm the exact property, parking and storage spaces being reserved.
Check the total price, applicable taxes and items included in the price.
Identify the legal seller and the party receiving the reservation funds.
Review the reservation deadline and refund conditions.
Ensure any agreed conditions, such as legal review or finance, are written clearly.

A reservation document can create obligations even when it is described as preliminary. Obtain advice before signing when the refund position or deadlines are unclear.

Developer and authority checks

The legal team should verify the developer or selling company’s identity, corporate authority and capacity to sell. The person signing for the company should have sufficient authority. Where relevant, the developer’s history, insolvency position and project participants should also be reviewed.

Land Registry review

A current Land Registry extract helps establish the registered owner and recorded encumbrances. Registradores de España explains that registry information reflects the legal status, ownership and charges at the time it is issued. The extract should be matched carefully to the development land and, when available, the individual property.

Charges do not always prevent a purchase, but the contract and completion arrangements must explain how any charge affecting the buyer’s property will be cancelled or managed.

Planning and construction documentation

The file should be assessed for the applicable planning and construction permissions. Depending on the stage and project, this may include the building licence, approved technical project, new-building declarations, planning information and evidence concerning infrastructure or urbanisation obligations.

The purpose is to confirm that the development being sold corresponds to the legally authorised project and to identify conditions that could affect construction or occupation.

Payments made before completion

Off-plan contracts frequently require staged payments. Review the bank account receiving the money and the legal protection applying to advance payments. Ask for the relevant guarantee or insurance evidence and confirm what it covers, its amount, duration and enforcement process.

Keep a complete record of signed documents, invoices, transfers and guarantees. Payment references should identify the buyer and property clearly.

Private purchase contract

The private contract should accurately record:

The parties and property being sold.
The price, VAT and payment schedule.
The plans, specifications and included fixtures.
The estimated completion date and permitted extensions.
The consequences of buyer or developer default.
The process for design or specification changes.
Assignment or resale restrictions before completion.
How recorded charges will be addressed.
The law, jurisdiction and notice procedure.

Any sales promise that matters to the purchase should be reflected in the contractual documents rather than left only in an email or brochure.

Community, shared facilities and ongoing costs

Review the proposed community structure, statutes or rules where available. Check how parking, storage, pools, gardens, sports facilities and private-use areas are legally described. Ask for estimated community fees and understand that early estimates may change once the community is operating.

If holiday letting is part of the plan, obtain specific advice on current municipal, regional and community restrictions. Do not assume a property can be used for short-term rentals solely because similar properties are advertised online.

Before signing the public deed

Confirm the property is complete in accordance with the contract.
Arrange snagging and document outstanding defects.
Verify the final plans, specification and allocated annexes.
Review the occupation documentation applicable to the property.
Confirm utilities, insurance, community and handover arrangements.
Obtain an updated registry check and completion statement.
Coordinate mortgage funds, currency transfers, taxes and fees.

The Junta de Andalucía states that for a newly constructed dwelling the buyer should ensure the developer provides the first-occupation licence. The documentation and terminology can vary with the municipality and legal procedure, so the lawyer should confirm what is required for the specific project.

After completion

The public deed should be presented for registration, applicable taxes filed and the change of ownership coordinated for utilities and community administration. Retain the deed, tax filings, invoices, guarantees, plans and manuals together.

Independent legal support

Daemi’s buyer service combines project search with in-house lawyers who assist with due diligence and contract review. Request a consultation before committing to a reservation or private purchase contract.

Official information

This checklist is general information, not legal advice for a particular purchase. Requirements must be reviewed for the specific property, contract and buyer.