Once your offer has been accepted, the legal purchase process begins. This checklist explains the key legal and practical checks to discuss with your independent Spanish lawyer before completing your property purchase in Javea. Carrying out proper property due diligence helps reduce the risk of expensive surprises and ensures you understand exactly what you’re buying before you commit.
Choose an Independent Spanish Lawyer
One of the most important decisions you’ll make after agreeing a purchase is appointing an experienced, independent Spanish lawyer who acts solely in your interests.
Whilst your lawyer will manage the legal process, it’s important that you understand the key stages yourself and know exactly what checks should be completed before transferring the final balance. Asking the right questions throughout the transaction can prevent costly mistakes later.
Verify Legal Ownership
Your lawyer should obtain the latest Land Registry extract (Nota Simple) from the Colegio de Registradores.
This document confirms:
- The person or people selling the property are the legal owners.
- There are no outstanding mortgages or charges that could become your responsibility.
- There are no registered planning issues or legal restrictions affecting the property.
Property Due Diligence
Before exchange and completion, your lawyer should also confirm:
- The property was legally constructed with all necessary planning permissions.
- For new-build or off-plan properties, the property has been certified as complete by a registered architect, correctly registered and covered by the appropriate structural guarantees.
- Any planning restrictions affecting the property or plot have been identified.
- Whether a recent professional building survey has been carried out. Although not compulsory, we strongly recommend commissioning one for additional peace of mind.
- The cadastral value has been checked with the regional tax authority. This is the official tax value used for taxation and differs from the agreed purchase price. Your lawyer will provide the cadastral reference for the property.
Documents to Check Before Completion
Before completing the purchase, make sure you have seen:
- The latest IBI (property tax) receipt together with confirmation that no council taxes remain outstanding.
- The cadastral certificate confirming the plot boundaries and measurements match the Land Registry.
- The Habitation Certificate (Cédula de Habitabilidad), confirming the property is legally habitable.
- Evidence that all utility bills have been paid up to the completion date.
- A valid Energy Performance Certificate, which sellers are legally required to provide.
After Completion
Once the purchase has completed, check that the Escritura (title deeds) accurately reflects the property you have bought, including the correct plot boundaries, land size and building dimensions.
You’ll also want to understand the ongoing financial responsibilities of owning property in Spain. Read Costs of Ownership to understand annual taxes, utilities, insurance, maintenance and other running costs.
If you’re planning to extend, renovate or improve the property after purchase, see Renovating or Building in Javea before starting any work.
This checklist covers many of the most important legal and practical checks involved in buying property in Javea. While comprehensive, every purchase is different, so discuss your individual circumstances with your lawyer before completing the transaction.
If you’re financing your purchase with a Spanish mortgage, make sure your lender’s timetable aligns with the legal completion date. See Financing Your Property Purchase.
Disclaimer
This article is provided for general informational purposes only and should not be considered legal or financial advice. Property purchase procedures, documentation and legal requirements in Spain can change and may vary depending on the property, location and individual circumstances.
Always seek advice from a qualified independent Spanish lawyer before purchasing property in Spain. Where appropriate, you should also obtain independent financial and tax advice before making any legally binding commitment.