Start with the registered charges
Read the charges section of a recent nota simple and identify each entry that could affect the purchase. A mortgage, attachment or easement should be understood by its legal effect, rather than simply counted as a warning. Ask who benefits from it, what evidence clarifies its status and whether cancellation is required. For a mortgage to be repaid on completion, distinguish the loan balance from the Registry cancellation process.
Request the community debt certificate
For a property in an owners' community, request the appropriate certificate of outstanding amounts and check its date and scope. The common Spanish horizontal-property framework can make the acquired property answer for certain previous community debts; applicable regional civil law must also be considered. Do not casually waive delivery of the certificate. Ask the adviser to explain the effect of any arrears and how they will be dealt with.
Look beyond overdue amounts
A certificate showing no overdue debt does not tell you everything about the building's finances. Read recent minutes, the annual budget and approved extraordinary contributions. Ask about roof works, lifts, façade repairs, litigation and inspections that may lead to expenditure. Clarify the payment calendar and how the purchase contract allocates any contributions around completion. Also read the statutes and rules that could affect your intended use of the home.
Document settlement and follow-through
Request relevant local-tax receipts and clarify any separate outstanding liabilities with the competent authority or professional. Agree the evidence of settlement, cancellation instructions and any lawful retention mechanism before completion. Afterwards, verify that the promised registrations and notifications have actually been completed. A seller's assurance that 'everything is paid' is useful context, but it should not replace the specific documents needed to establish the position.
Sources & further reading
BOE · Ley sobre propiedad horizontal ↗Colegio de Registradores · Información del Registro de la Propiedad ↗BOE · Información al comprador de vivienda (RD 515/1989) ↗Editorial preview: professional legal review is pending. This guide provides general information and does not determine the legal position of a particular property.
Have a property in mind?
Start by organising its documents and the questions still to resolve.