While much of the legal due diligence is handled by the buyer's independent lawyer, reputable real estate agents on the Costa del Sol commonly facilitate access to essential property documents. These often include the "Nota Simple" from the Land Registry, providing ownership and encumbrance details, alongside the obligatory energy efficiency certificate. For new constructions, they should also provide the building license and the First Occupation License. Agents may also share details on catastral value, community statutes if applicable, and evidence of recent utility and property tax payments to ensure transparency and aid the buyer's legal team in their comprehensive verification process, safeguarding the buyer's investment.
In Spain, real estate agents on the Costa del Sol are not legally mandated to provide an extensive list of documents to buyers at the outset, as much of the legal due diligence falls under the responsibility of the buyer's independent lawyer. However, reputable agents typically facilitate access to crucial property information. This commonly includes the "Nota Simple," a summary from the Spanish Land Registry showing ownership, encumbrances, and property description. They should also provide details on the property's catastral value (for tax purposes) and energy efficiency certificate (CEE), which is obligatory for selling or renting a property. For new builds, the agent should be able to provide the building license and the "Licencia de Primera Ocupación" (First Occupation License). Additionally, agents may provide copies of community statutes if the property is part of an urbanisation and evidence of the latest utility payments and IBI (property tax) receipts to demonstrate that the property is free of debts. While agents don't typically handle the full legal verification process, their role involves transparency and facilitating access to these initial documents to help buyers and their lawyers conduct thorough due diligence. It's crucial for buyers to understand that these documents serve as initial information, and a lawyer will independently verify all legal aspects, including planning permissions, absence of debt, and correct legal ownership, to protect the buyer's interests.
