Why buyers get caught out
Most problems we see were visible in the documents before the deposit was paid: an extension that never had a licence, a holiday rental licence that cannot be transferred, a seizure registered last month or a community levy approved for the roof. Once an arras deposit is paid, those discoveries cost money. The same checks done a week earlier cost far less.
What we check before you commit
Every property is different, so we define the scope after seeing the listing and the reservation document. A typical review covers:
| Area | Source | What it can reveal |
|---|---|---|
| Title and charges | Land Registry extract | Real owner, mortgages, seizures, usufructs, easements |
| Physical identity | Cadastre and survey | Plot and built area, boundaries, unregistered buildings |
| Planning | Town hall and island council | Land classification, licences, infringement proceedings |
| Habitability | Island council | Cédula de habitabilidad and legal residential use |
| Debts | Town hall and community | Unpaid IBI, waste tax, community fees and levies |
| Rental | Tourism register | Whether a tourist licence exists, its capacity and transfer |
| Special zones | Coastal, heritage and defence records | Coastal easements, protected buildings, military authorisation |
Apartments, townhouses, villas and fincas
For an apartment, the focus is the community of owners: debts, approved works, statutes that restrict rentals or pets, and the parking space or storage room that may be a separate registry unit. Our Palma apartment checklist explains it in detail.
For a villa or finca, the work is broader: we map every building, pool and annex against its licence, check the rustic land category and the island plan, and review access, wells, septic systems and boundaries with an architect. See our guides to villa due diligence in Mallorca, villa due diligence in Ibiza and rural property in Menorca.
For a new build, we add the developer, the building licence, the bank guarantee for your stage payments and the ten-year structural insurance: see new-build property in Mallorca.
How the review works
- Send us the listing and the document you have been asked to sign. We reply with the scope, the timing and a fixed-scope quote in writing.
- Preliminary check in 24–48 hours. Land Registry extract and cadastral data, so you know whether it is worth reserving.
- Full investigation. Planning file, licences, debts, community, rental licence and, where needed, a technical survey.
- Written report in English. What we found, what it means and the options: proceed, renegotiate, add conditions or walk away.
- Contract protection. We draft or amend the reservation and arras contracts around the findings.
What due diligence does not replace
A legal review is not a structural survey. For older houses, fincas and villas we recommend an independent architect or surveyor, and we coordinate their findings with the legal ones, because an unlicensed extension is both a technical and a legal question. Due diligence also does not replace tax advice in your own country, which we coordinate with your advisers when needed.
Island differences
The legal framework is Spanish, but each island adds its own layer. Mallorca has the most varied market and municipal planning differences; Menorca applies a strict island plan and landscape protection; Ibiza combines high values with frequent unlicensed works and water questions; Formentera allows very little new construction and tightly controls tourist accommodation. Our property team works on all four islands from Palma; for other legal matters in English, see Castell.law.
Before you pay a deposit, ask a lawyer
Send us the listing or the document you have been asked to sign. An English-speaking property lawyer will tell you what needs checking and what it could cost you not to.
Questions about property due diligence
How long does legal due diligence take?
A first check of the Land Registry and Cadastre takes one or two working days. A full review usually takes one to three weeks, longer for fincas or when town hall archives must be searched.
Can due diligence be done before I sign the reservation?
Yes, and that is the best moment. At least the Land Registry extract and the reservation terms should be reviewed before you pay anything.
What happens if you find a problem?
We explain the risk and the options: the seller can fix it before completion, the price can be adjusted, part of the price can be retained, the contract can include a condition, or you can withdraw.
Do you visit the property?
When the property requires it, we coordinate a visit by an architect or surveyor and combine their findings with the legal review.