Before signing the reservation deposit contract (contrato de arras) and handing over any sum by way of deposit, it is essential to verify a series of documents that determine the legal certainty of the transaction. It is precisely at that point, prior to signing, that it is decided whether the purchase will proceed without incident or, conversely, give rise to problems months later.
Set out below, document by document and with its corresponding legal basis, are the fifteen documents that should be required before the reservation, not afterward: what each one certifies, where and how it should be requested, and what action is appropriate if its review reveals an irregularity.
1. AN UP-TO-DATE NOTA SIMPLE FROM THE LAND REGISTRY
The nota simple certifies the identity of the real owner, the share of ownership held, and the existence or absence of charges affecting the property. It must also show any mortgages, liens or pending judicial auctions, together with the physical description of the property (surface area, boundaries, cadastral reference). An up-to-date, recently dated nota simple must always be required; one the seller “already had on file” from months earlier is never acceptable.
It may be requested directly, without the need to be the owner, through the Land Registry’s electronic office. It is recommended that it be no more than one month old at the time the arras contract is signed. It should also be verified that the registered description matches what is actually being purchased, a matter that must subsequently be cross-checked against the Cadastre, the surface area, and any extensions, terraces, storage rooms or garages that were never declared. Should any charge be identified (mortgage, lien, preventive annotation), its cancellation should be required prior to signing the deed, or its deduction from the price negotiated, with cancellation effected before the notary using part of that amount.
2. THE SELLER’S TITLE DEED
It must be confirmed that the person signing is indeed the registered owner, or that they hold sufficient power of attorney where signing on behalf of another person or a company. The title of acquisition should also be reviewed: where the seller acquired the property by inheritance, it should be verified that the acceptance of inheritance has been formalised and registered, since otherwise the sale may become blocked at the notary’s office. The particulars in the deed must always be cross-checked against those in the nota simple: the owner, the share and the description must correspond exactly.
3. THE ENERGY PERFORMANCE CERTIFICATE
In accordance with Royal Decree 390/2021, the seller is required to hold a registered energy performance certificate and to provide a copy prior to signing; the energy label must, in fact, already be available from the moment the property is advertised for sale. Its absence may give rise to administrative penalties for the seller and constitutes a warning sign regarding the remainder of the documentation. The certificate remains valid for a maximum of ten years: where it has expired, the seller must renew it before signing, a procedure that typically costs between sixty and one hundred fifty euros, depending on the property.
4. THE COMMUNITY DEBT CERTIFICATE (CERTIFICADO DE ESTAR AL CORRIENTE)
Article 9.1.e of the Horizontal Property Law requires the seller to declare that community fees are paid up to date, or to specify what is owed, supported by a certificate from the administrator countersigned by the community president. This legal obligation is expressly required at the time of the notarial deed, unless the buyer expressly exempts the seller from providing it. Even so, it is advisable to request it before the arras contract, since this allows any debts to be identified before any commitment is assumed.
Important: the buyer becomes liable, against the property itself, for outstanding community debts corresponding to the current year and the three preceding calendar years, and this document should not therefore be regarded as a minor formality. Where the certificate reveals outstanding debts, it is common practice to withhold that amount from the price at the time of signing, so that the notary transfers it directly to the community.
5. THE COMMUNITY BYLAWS (ESTATUTOS)
These determine whether restrictions apply to holiday rentals, pets, use of common areas, or renovations. They may be requested from the property manager or, where registered, consulted directly at the Land Registry. It is not uncommon to discover, only once the purchase has been completed, a bylaw prohibiting short-term rentals, by which point it is too late to act; this matter should accordingly be reviewed with particular care where there is any intention to let the property, even occasionally.
6. MINUTES FROM THE LAST OWNERS’ MEETINGS
Reviewing the last two or three sets of minutes, ideally covering the past two years, allows detection of approved special assessments still pending payment, planned structural works (façade, roof, lift), significant disputes among neighbours, or even ongoing litigation involving the community against third parties, none of which appears in any official certificate. Particular attention should be paid to resolutions adopted in the preceding twelve months, as these are the ones most likely to translate into an expense shortly after purchase.
7. THE LATEST IBI (PROPERTY TAX) RECEIPT
This confirms that the tax is paid up to date and allows the property’s cadastral data to be cross-checked. It is also advisable to review the cadastral reference value, which may be consulted free of charge at the Cadastre’s electronic office, given its tax relevance: for Transfer Tax purposes, the taxable base is generally based on that reference value (article 10 of the Transfer Tax and Stamp Duty Act), rather than simply on the cadastral value, subject to the specific rules set out in that Act. Where the agreed price is lower than that reference value, the Tax Agency may assess tax on the difference, a matter that should be taken into account before the final price is agreed.
8. INFORMATION ON APPROVED SPECIAL ASSESSMENTS (DERRAMAS)
The existence of a stand-alone legal document termed a “certificado de derramas” should not be presumed. What should be requested is specific information regarding extraordinary works already approved at a meeting, even where payment is spread over future instalments: the minutes of the meetings, the administrator’s certificate where applicable, information on the approved assessments, and the payment schedule and outstanding amount for each. Spanish law establishes that the cost of assessments for improvements falls on whoever holds the status of owner at the time the amounts become due, such that the final allocation of the cost may also depend on what is expressly agreed in the sale contract. It is recommended that an express clause always be included in the arras contract clearly allocating responsibility for assessments approved but not yet executed following signing.
9. OCCUPATION LICENCE OR HABITABILITY CERTIFICATE (DEPENDING ON THE REGION)
Requirements vary by autonomous community: in Catalonia and the Balearic Islands, the cédula de habitabilidad is mandatory for the sale to proceed; in the Valencian Community, an equivalent second occupation licence or responsible declaration is required; other regions do not always require it for resale properties, although it is advisable to verify this on a case-by-case basis, as it also affects the registration of utilities. Where the seller does not hold it and the relevant region requires it, it is advisable for the seller to undertake in writing, within the arras contract itself, to obtain it before the deed is signed, with a specific deadline fixed for that purpose.
10. PLANNING STATUS CERTIFICATE FROM THE TOWN HALL
Requested at the relevant town hall, this confirms whether the property was built in accordance with current planning regulations, whether any enforcement file is open against it, or whether any irregularity exists that could give rise to a demolition or legalisation order. Particular attention should be paid to whether the property is classified as “outside planning” (fuera de ordenación): in such cases, although habitation may continue, extensions or substantial renovations may not be authorised in the future.
11. CADASTRAL REPORT OR CERTIFICATE
This verifies that the cadastral description and surface area correspond to both the Land Registry record and the physical reality of the property. Discrepancies are more frequent than might be expected, particularly in properties that have been renovated or extended without being declared. It may be requested free of charge at the Cadastre’s electronic office. Where a discrepancy is identified, it should be determined before signing who is to bear the cost and the procedure for regularising it, since once the purchase is completed, that task, and its cost, will fall to the buyer.
12. DOCUMENTATION OF ANY OUTSTANDING MORTGAGE
Where the property remains subject to an active mortgage, it is necessary to know the outstanding balance and the mechanism envisaged for its cancellation at the time of signing, in order to prevent the charge from remaining registered once the price has been paid. A certificate of outstanding debt issued by the bank, valid as of the signing date, should be requested from the seller. In practice, part of the price is commonly withheld and paid directly to the lender before the notary in order to cancel the loan, with this recorded in the deed itself; the subsequent registration cancellation constitutes a separate procedure that should be monitored until it is fully completed.
13. THE PROPERTY’S POSITION ON TOURIST-USE HOUSING, WHERE THERE IS AN INTENTION TO LET IT
It is not sufficient merely to ask whether the property “has a licence.” Since 3 April 2025, article 7.3 of the Horizontal Property Act requires express approval from the homeowners’ association to commence certain tourist-use housing activities, and article 17.12 establishes a three-fifths majority of owners and shares to approve, limit, condition or prohibit that activity. The applicable regional and local regulations should also be checked and, where relevant, the specific position of the homeowners’ association: where the community has already restricted or prohibited that activity, no municipal licence will allow that restriction to be circumvented. It should also be borne in mind that the state-level Unified Rental Registry has been subject to amendments and to a partial annulment by Spain’s Supreme Court in 2026, such that any requirement for a state tourist registration number must be assessed on a case-by-case basis and should never be presumed without a review of the specific situation.
14. LATEST UTILITY BILLS
These confirm that the utilities are active and paid up to date, and facilitate the transfer of ownership once the deed is signed. Where unpaid bills are identified, their settlement should be required before signing: otherwise, certain utility companies may make registration in the buyer’s name conditional on prior settlement of the previous debt, even where the buyer bears no legal liability for it.
15. ID/NIE AND POWERS OF ATTORNEY OF WHOEVER SIGNS ON THE SELLER’S BEHALF
Where the seller is a company, the tax ID (CIF), the incorporation deed, and the power of attorney of whoever will sign on its behalf should be required. Where an attorney-in-fact signs instead of the owner, it should be verified that the power of attorney is current and expressly covers the sale of that specific property; general powers making no express mention of acts of disposal over specific real estate may prove insufficient, and it is therefore advisable to check the date of grant on the power itself and confirm the absence of any revocation.
COMMON MISTAKES THAT SHOULD BE AVOIDED
✔ Accepting an outdated or photocopied nota simple, or one the seller claims to hold, instead of requiring an up-to-date one in the buyer’s own name.
✔ Signing the arras contract without having first received the community debt certificate.
✔ Relying exclusively on statements made by the seller or the agency regarding the possibility of tourist rental, without cross-checking them against the bylaws and the minutes of the community.
✔ Failing to verify that the cadastral and registered surface area correspond to the actual surface area of the property.
✔ Handing over the deposit before a professional has reviewed the entirety of the above documentation.
✔ Presuming the existence of a “certificado de derramas” as a stand-alone legal document, instead of requesting the minutes and specific information on approved works.
CONCLUSION
Requiring these documents before the reservation, not afterward, is what confers genuine negotiating leverage.
Once the deposit has been paid, the ability to demand modifications or to withdraw without cost is significantly reduced. The sooner this documentation is gathered, the greater the legal certainty of the transaction, and the greater the scope to negotiate terms, deadlines or even the final price.
At CPG Abogados, we review this documentation prior to the signing of any reservation contract, identify charges, debts or planning irregularities that are not readily apparent, and negotiate the reservation terms on the client’s behalf, avoiding the assumption of risks that are not properly theirs.
