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Free Guide to Hiring a Real Estate Lawyer
Real estate due diligence in Estepona centers on verifying ownership, charges, and compliance before a transfer of title. This process helps buyers avoid hidden liabilities and ensures the property aligns with urban planning rules. In practice, a thorough due diligence review includes title checks, encumbrance searches, planning permissions, and tax liabilities specific to the property and locality.
In Estepona, the due diligence package typically includes a Nota Simple from the Registro de la Propiedad, a cadastre check, a certificate of energy efficiency, and a review of community ownership obligations if the property is part of a building. A local solicitor or attorney with expertise in Spanish real estate can coordinate these tasks and clarify any red flags. The goal is to translate complex documents into clear, actionable risk assessments before you sign any agreement.
Estepona real estate transactions are governed by national civil law and local urban planning rules. The following laws and regulations are frequently implicated in due diligence reviews:
The Código Civil governs property ownership, transfer, and contractual duties in Spain. The Ley Hipotecaria governs the registration of real rights and how encumbrances are recorded. These frameworks underpin title protection and the validity of a sale. When evaluating a property, a lawyer will verify that ownership is unambiguous and that no undisclosed charges exist on the title.
La Ley de Propiedad Horizontal regulates buildings with multiple owners and common areas. It governs community charges, decisions, and rights of co-owners. A due diligence review should confirm the current status of community debts and the validity of any planned or pending community votes. This helps prevent unexpected levies after purchase.
This decree requires an energy performance certificate (certificación de eficiencia energética) in property transactions. A buyer must obtain and review the certificate to understand energy costs and compliance. Lack of proper certification can complicate transfer and affect market value.
Real Decreto 235/2013 establishes mandatory energy certificates for properties used in transactions.Source: BOE - Real Decreto 235/2013
The LOUA provides regional urban planning rules applicable to Andalusia, including Estepona. It works together with the local Plan General de Ordenación Urbana (PGOU) to regulate zoning, building density, and permitted uses. A property with planning inconsistencies may require regularization or could affect future development plans. Always verify the PGOU status and any recent amendments with the Ayuntamiento de Estepona.
The PGOU is the municipality’s primary urban planning instrument. It determines what is legally permissible on a given parcel, including construction permissions and infrastructure requirements. A due diligence check should confirm that the parcel has appropriate licenses and is not subject to outstanding urban planning issues.
Note: The combination of national civil law, regional urban planning rules, and the PGOU directly shapes the risk profile of Estepona property transactions.
Due diligence is a legal review of titles, encumbrances, planning compliance, and taxes before a transfer. It helps buyers avoid hidden liabilities in Estepona real estate.
A standard title search takes 1-2 weeks if documents are readily available. Complex cases may take 3-4 weeks.
A Nota Simple is a summary from the Registro de la Propiedad showing ownership and charges. It is essential for verifying title integrity.
Yes. Real Decreto 235/2013 requires an energy performance certificate in most property transactions. Without it, the transfer may be delayed.
Yes. The Inspección Técnica de Edificios checks structural safety. Confirm whether the building requires an ITE and if it is up to date.
A lawyer can negotiate release, set escrow for outstanding amounts, or adjust the purchase price to reflect risk.
Ask for Nota Simple, the cadastre, IBI receipts, the last community de tax debt status, and any planning permissions or licenses.
New homes typically use VAT; existing homes use ITP. A lawyer ensures the correct tax treatment is applied and reported properly.
Yes. A chain of title must be traced to establish ownership. If not, the transaction may be invalid or risky.
If a parcel has irregular planning or licenses, the buyer could face penalties, required demolitions, or loss of value without timely remedies.
Yes. A dedicated solicitor focuses on risk analysis and negotiations, while a notary handles document formalities at closing.
Pause if issues arise. Rushing a transaction increases risk. A lawyer can provide a safe timetable based on the property type and location.
