The purchase

The checks that keep you safe

The independent checks a good lawyer makes before confidence becomes a binding commitment.

8 min readLast reviewed August 2026

At a glance

First independent paper: A current nota simple; Confirm the registered owner and charges before meaningful money moves.
Occupation and utilities: Check the LPO; Its absence can signal a legal or practical problem.
Community debt exposure: Current year plus 3 prior; The debt certificate and recent minutes belong in the file.

The checks a good independent lawyer runs

This is a reading aid, not a substitute for the property-specific report your own lawyer prepares.

Current nota simple confirming owner, description and charges
Land Registry and catastro descriptions reconciled
Licence of first occupation or the applicable lawful-occupation evidence
Town-hall planning status, including extensions, pools and rural regularisation
Community debt certificate, budget, reserve and recent minutes
Building, municipal and registration reality if holiday letting matters
Costas certificate where a beachfront position creates a coastal-law question

Patterns worth naming plainly

The changed-IBAN email: Treat new bank details as hostile until you verify them through a known phone number, not the message that supplied them.
Money before your own registry check: Do not let urgency replace an independently obtained nota simple and an approved contract.
The seller's lawyer as yours: Use a lawyer who answers only to you. A shared interest in completion is not independent advice.

The documents behind the checks

Nota simple

The Land Registry extract showing registered ownership, description and charges.

LPO

The licence of first occupation, central to lawful occupation, utilities and many letting checks.

Questions to ask before confidence becomes commitment

How do I know the home is legal and has no debts attached?

Your own lawyer should compare the Land Registry and catastro, check planning and occupation licences, and obtain the community debt certificate. Community liability can follow the home for the current year and 3 prior years, which is why the certificate and recent minutes matter.

What is a nota simple and do I need one?

It is the Land Registry extract showing the registered owner, description, mortgages and charges. Yes, your lawyer should obtain an independent current copy before you send a meaningful deposit, then reconcile it with the physical home and the catastro.

Do I need a survey like I would at home?

Spain does not make the familiar northern-European survey a standard part of every resale. That does not make one unnecessary. For an older, altered or hillside home, an independent building survey can answer questions the legal file cannot.

I have read about Marbella's planning problems. Is it safe to buy there?

It can be, but planning due diligence is not a formality. As of August 2026, the replacement planning process was still ongoing after the earlier plan was annulled, so your lawyer must confirm the status of the exact home and development.

When you are ready

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