As I shave already stressed, an independent lawyer is an essential partner when you are purchasing any property in spain and they will be responsible for obtaining and checking all paperwork associated with the property and it’s purchase, however here I will explain the key paperwork associated with a resale property and what the importance of each is. 

Escritura de Compraventa: 

The “Escritura de Compraventa” - typically referred to simply as the “Escritura” -  is the deed of purchase and sale of the property. The original Escritura is held by the notary who oversaw the last transfer of title of the property, however they will have issued a ‘copia simple’ (pronounced ‘simplay’) to the parties involved in the transaction. A copia simple is an exact copy of the original Escritura.The Escritura details ownership of the property, identifying the current owners, who they purchased the property from, the value of the transaction and any charges or encumbrances against the property, for example a mortgage or right of way. The full details of a mortgage are detailed in a separate “escritura del prestamo hipotecario” - deed of a mortgage loan - and referenced in the main escritura.

The escritura will also describe the property and the land its stands on describing the boundaries, the square meterage of the land and constructed area and the layout of the property. It is important to note that the Escritura provides a snapshot of the property’s status at the point that ownership was transferred. Any subsequent changes will not be included.

Nota Simple informativa:

A “Nota Simple” (again pronounced ‘simplay’), obtained from the Property Register (Registro de la Propiedad), provides a snapshot of the property's current status, including ownership details, descriptions, and any charges or encumbrances. It will be requested from the registry when you agree to purchase the property so as to confirm that the details in the escritura are still valid. 

Certificado de Dominio y Cargas:

A ‘certificate of ownership and charges’ essentially carries the same information as a nota simple however, while a Nota Simple is for information purposes only, and is an instant extract of information currently on the registry, a ‘Certificado de Dominio y Cargas’ is more detailed and includes certified checks by the registrar that there are no changes or charges pending entry on the register. It will be requested by the notary on the day of transferring the property to ensure that no unexpected charges are entered on the registry after the ownership has been changed into your name. 

Habitation licence: 

The habitation licence (cédula de habitación) confirms that the property meets the habitability standards set by local authorities. This document is essential for living in or renting out the property and of the connection of utilities. Beware that the presence of utility connections is not an indication that the property has its licence; they may have been connected before the requirement came into force. 

Bills:

As I detailed in Chapter 5 when explaining running cost, utility bills and local taxes are payable by the property owner and not the occupant. If bills are left unpaid by the previous owner you will be liable for them. You must therefore see that all bills are paid up to date.

Community Constitution & Community AGM:

When buying a property in a community you should see the community's constitution and the minutes of the last AGM. I will discuss this further later.

Energy Performance Certificate:  

A Energy Performance Certificate called CEE (Certificación Eficiencia Energétic) is a technical document that assesses a building's energy efficiency. It's required by law for anyone selling or renting a property in Spain, short or long term, that was built before 2007. The EPC is valid for 10 years, but if the property's energy rating is G, it's only valid for five years. The owner is responsible for renewing or updating the EPC if the property is renovated or changed in any way. If you are from an EU country or the UK you will be familiar with this, as the law stems from an EU directive (issued prior to the UK’s exit from the EU).

Unfortunately the attitude towards Energy certificates is, in my experience, relaxed to the point that it undermines the entire purpose of the legal requirement. Most sellers and agents interpret the law to mean that the certificate is required at the notary when the property is transferred and don’t undertake the survey required to obtain the certificate until a buyer has been found and a deposit taken. You will notice that many online property listings simply state ‘CEE en Tramite’ - meaning that the certificate is “in process”. Given that the entire purpose of the certification is to provide information to prospective buyers I personally find this quite infuriating.