Buying a resale property in Spain: a buyer’s checklist (as of October 2026)
Author: Marcin Liszkowski, World Residence. Updated: 20 October 2026.
Short answer. Before buying a resale property in Spain you need to check a number of things: the nota simple (who the owner is and whether there are encumbrances), whether the escritura matches the cadastre, any debt to the community, paid IBI tax, the energy certificate, the occupancy document (cédula de habitabilidad where required) and the condition of the building (ITE in older buildings). It is worth finishing the checks before signing the arras agreement, not after paying the deposit.
Documents to check
| Document | What it checks | Where to get it |
|---|---|---|
| Nota simple | Who is the legal owner and whether there are encumbrances (mortgages, attachments, easements). Preferably no older than 30 days | Property Registry (Registro de la Propiedad) |
| Escritura | Whether the seller acquired the property legally. Areas and boundaries should match the nota simple | The seller, issued by the notary |
| Cadastre (Catastro) | The data is compared with the nota simple and the escritura to catch discrepancies | Cadastre office, online |
| Certificate of no debt to the community | Whether the seller has no outstanding community fees | Community administrator (administrador de fincas) |
| IBI tax | Whether the seller is up to date with payments | Latest receipts from the seller |
| Energy certificate | Energy class from A to G, mandatory when selling since 2013 | Provided by the seller |
| Cédula de habitabilidad / occupancy licence | Whether the property meets the minimum requirements for habitation. The requirement depends on the region | Region or municipality |
| ITE (technical building inspection) | Condition of the building, in older buildings. May mean future levies or mandatory renovations | Owners’ community |
Encumbrances: who removes them
Encumbrances visible in the nota simple, such as the seller’s mortgage, should be cancelled by the seller before the sale, unless the parties agree otherwise. In practice, repayment is often arranged on the day of the deed from part of the price, and the lawyer records the details in the contract. Do not pay the arras until you know how and when the encumbrances will disappear from the register. See our article on arras and the preliminary contract.
The community and the condition of the building
In an apartment block or development, ask not only about the seller’s arrears but also about planned extra payments (derramas), ITE results and the minutes of recent meetings. They show whether, after the purchase, you will have to finance repairs to the roof, the façade or the lift. This information usually does not appear in the nota simple itself.
Costs: ITP tax depends on the region
When buying a resale property you pay transfer tax (ITP), not VAT as with new properties. The rate depends on the autonomous community:
| Region | ITP rate (the so-called general rate) |
|---|---|
| Andalusia (Costa del Sol) | 7% |
| Valencian Community (Costa Blanca) | 10% |
| Murcia | 8% |
| Balearic Islands | 8–11% (scale) |
| Canary Islands | 6.5% |
| Madrid | 6% |
On top of the tax come notary fees, the entry in the land register and the lawyer’s costs. Rates change, and some regions have reduced rates for certain groups, so confirm them with the regional tax office before you finalise your budget. We compare the two markets in our article on buying a new-build property, and the choice of coast in the comparison of the Costa Blanca and the Costa del Sol.
Buyer’s checklist
- Order a current nota simple (no older than 30 days) and compare it with the escritura and the cadastre.
- Check that the seller is the owner and has the right to sell (co-ownership, inheritance).
- Ask for a certificate of no debt to the community and the minutes of recent meetings.
- Collect the IBI receipts and check that there are no arrears.
- Make sure there is an energy certificate, and a cédula de habitabilidad where required.
- In an older building, ask for the ITE results and information about planned extra payments.
- Agree with the lawyer how the encumbrances will be removed, and only then pay the arras.
FAQ
Is a nota simple enough to buy safely?
No. It is a good first step because it shows the owner and the encumbrances, but you still need to compare it with the escritura, the cadastre and the documents from the community. The full check is carried out by an independent lawyer.
Who repays the seller’s mortgage before the purchase?
The seller must cancel the encumbrances before the sale, unless the parties agree otherwise. In practice, repayment is often arranged on the day of the deed from the buyer’s money, which the lawyer sets out in the contract.
Is an energy certificate mandatory?
Yes, it has been mandatory on sale since 2013. In practice the seller provides it.
How much is ITP tax when buying a resale property?
It depends on the region: for example 7% in Andalusia, 8% in Murcia, 10% in the Valencian Community. It is worth confirming the rates with the regional tax office before you finalise your budget.
Sources
- DIG: Documentos a revisar antes de comprar una vivienda
- Gibobs: ITP 2026 por comunidad autónoma
- Costa Luz Lawyers: Buying Property in Spain as a Non-Resident 2026
See also: Deposit (arras) and the preliminary contract in Spain, NIE number in Spain, Mortgage in Spain for non-residents.
We have worked in the real estate sector since 1998. We help buyers in Spain at every stage of the transaction, including resale purchases, and we are not paid by the buyer: the buyer pays no commission.
