In a Spanish purchase your lawyer checks the legal side: ownership, charges, debts and the contract. Most lawyers do not inspect the property, measure it or check on site whether extensions and pools match the planning rules; that is the job of an architect.
What your lawyer checks
- That the seller owns the property, using the land registry extract (nota simple).
- Mortgages, embargoes and other charges registered against the property.
- That property tax (IBI) and community fees are paid up to date.
- The terms of the reservation contract (arras) and of the deed.
- Taxes, notary appointment and, if you need it, your NIE and bank account.
What usually falls outside the lawyer’s work
- The physical condition of the property: damp, cracks, roofs, terraces.
- Whether the registered floor area matches what is actually built.
- Whether extensions, pools and conversions comply with the planning rules, checked on site.
- The state of electrics, plumbing, drainage and septic tanks.
- Repairs the building or the community may need in the coming years.
This is not a criticism of lawyers: it is simply a different profession. A lawyer reads documents; an architect reads buildings.
How the lawyer and the architect work together
- You agree a price and reserve the property.
- In parallel, your lawyer reviews the documents and the architect surveys the property.
- With both reports, you renegotiate the price, ask for repairs or walk away.
- You sign the deed at the notary knowing what you are buying.
Make the arras conditional on the survey
The arras contract usually means losing your deposit if you withdraw. Ask your lawyer to include a clause that makes it conditional on a favourable technical report, or order the survey before you sign it.
What the survey costs
Four levels, prices + VAT. Travel included up to 30 km from Dénia, then €0.30/km.
| Level | Answers | Flat | House |
|---|---|---|---|
| 00 · Accompaniment | Is this house worth pursuing? | €295 | €395 |
| 01 · Basic | What does this house have? | €395 | €495 |
| 02 · Standard | What will it cost me? | €645 | €795 |
| 03 · Premium | Is it legal and what margin does it leave? | €1,195 | On request |
Frequently asked questions
Does the notary check the house?
No. The notary checks identities, documents and that the deed is legally correct. Nobody at the notary visits the property.
Is the mortgage valuation enough?
No. The valuation estimates the value for the bank; it is not designed to find defects or planning problems.
Can my lawyer coordinate the survey?
Yes. I can send the report to you and to your lawyer, in Spanish and English.
Rafael Soriano de Prado, registered architect, COACV no. 15561