What Documents Are Required When Buying or Selling a Luxury Property?

The notarial transaction is signed on a single day, but the history of ownership may stretch back decades. A property may have been purchased, inherited or renovated, while a garage or additional premises may have been acquired separately. In a real estate transaction, these circumstances determine which documents are required and exactly what will be described in the contract. Cadastral data, the tax assessment and the certificate of encumbrances complete the due diligence depending on the specific case. The starting point is the document establishing the seller’s ownership.

What document proves ownership?

The seller provides the document on the basis of which they acquired the property. This may be a notarial deed from a previous purchase or donation, a partition agreement, a court decision or another document, depending on the specific circumstances. In the case of inherited property, the ownership of the deceased owner is also traced, while the certificate of heirs identifies the persons entitled to inherit.

When the sale includes a residence, a separate garage and a share of the land, the review covers each of these elements. The seller’s existing deed establishes the legal basis for their ownership; it is not the new deed through which the buyer will acquire the property. At the completion of the transaction, the notary verifies the transferor’s ownership and compliance with the legal requirements for the transfer.

Do the documents correspond to the property being offered?

The cadastral sketch relates to a land plot, while the cadastral scheme relates to an independent unit within a building, such as an apartment or garage. The information contained in these documents is compared with the title deed and with the description on which the parties are negotiating. The identifier, intended use and area must be clarified if there are discrepancies between the documents.

A cadastral sketch or scheme does not have a general six-month validity period. Once issued, the document remains current as long as the information concerning the property has not changed. If there is a change, a new document reflecting the updated status is issued.

What exactly is included in the sale?

These are details of considerable value to a future owner, but their description in the property listing does not always reveal their legal status. For example, “two parking spaces” could mean separate garages, ideal shares of a common garage with allocated use, or another arrangement. A designated parking space on the premises, by itself, does not determine its legal status.

The same level of precision is required when a property is offered with a terrace or garden for exclusive use. The documents must establish whether ownership, an ideal share or a specific right of use is being transferred. Once this has been established, the scope of the sale can be clearly described in the contract. The buyer knows exactly what they are paying for, while the seller presents the property together with its precise advantages.

What does the tax assessment certify?

The tax assessment certificate is issued by the municipality. It forms part of the preparation for the transaction and should not be confused with the market valuation of the property. Its validity period is relevant when scheduling the completion of the transaction. Certificates issued by 30 June are generally valid until that date, while those issued after 30 June are valid until the end of the calendar year. If the property tax obligations for the entire year have been paid and this is noted in the certificate, it remains valid until the end of the year regardless of when it was issued.

Since May 2024, the seller no longer submits a paper declaration under Article 264 of the Tax and Social Security Procedure Code regarding their public liabilities. The notary carries out an electronic check with the National Revenue Agency (NRA). It is in the seller’s interest to check their liabilities in advance so that any outstanding issue can be resolved before the agreed date of the transaction.

What does the Land Register check show?

The certificate issued by the Registry Agency shows the registrations, annotations and cancellations within the requested scope. It helps establish circumstances such as a registered mortgage or foreclosure order. The check is carried out for the specific property, with particular attention to the relevant period and the ownership history.

The existence of a mortgage does not necessarily mean that the sale cannot proceed. It means that the parties must agree how the secured debt will be repaid and how the mortgage will be released. These conditions should be clarified before the final transfer.

When are additional documents required?

The list of documents required for the sale of a property expands depending on the owner and the property’s history. In the case of inheritance, a certificate of heirs is required, together with a review of the deceased owner’s rights. If the seller is a company, it must be established who is authorised to represent it. For a property under construction, the construction documents and the stage of completion must also be reviewed.

Marital status may also affect the preparation of the transaction. Spouses jointly dispose of property that forms part of their matrimonial community property. Even when the property is the personal property of one spouse, the sale of the family home requires the consent of the other spouse under the conditions provided by law.

If a party is represented by an authorised representative, the transaction requires a written power of attorney with notarisation of both the signature and the content, carried out simultaneously. For documents issued abroad, the requirements for certification and translation are determined according to the country of issue and the type of document. Before the notary, the parties also submit the required declaration regarding citizenship and civil status.

When is the new notarial deed signed?

If the parties enter into a preliminary agreement, it should describe the property and the rights included in the price in accordance with what has been established by the documents. The agreement sets out the payments, deadlines, handover of possession and the actions to be taken in relation to any existing encumbrances, if applicable. The preliminary agreement itself does not transfer ownership.

The new notarial deed for the purchase and sale of real estate is signed at the completion of the transaction before a notary. Preparing in advance ensures that the description of the home, the agreed terms and the rights acquired by the buyer correspond to one another.

At Unique Estates, we assist with the preparation of the required documents and with the necessary checks at every stage of the transaction. If you are considering selling a property, tell us about it. The conversation can begin with understanding exactly what the property includes and how it should be presented.

Frequently Asked Questions

How should furnishings be described if they are included in the price?

When a property is sold with furniture, appliances or lighting, the parties should specify in writing what will remain in the property. An inventory listing the individual items and their condition can be attached to the agreed terms and used when the property is handed over. This gives the phrase “fully furnished” a clear meaning for both parties.

Can a property be sold with an existing lease agreement?

Yes. The sale does not automatically terminate the lease. The term of the agreement, its registration and its verifiable date are relevant to the tenant’s rights vis-à-vis the new owner. If the buyer expects to receive vacant possession, the terms and date of vacating the property should be clarified before the transaction.

What is checked if the layout of the property has been changed?

The current condition is compared with the approved plans and the documents relating to any works carried out, where such documents were required. Not every interior renovation requires a building permit. The scope of the alteration is important, particularly if the structure or the intended use of the premises has been affected.

What is important when buying a property in a gated community?

Ask for the terms governing the management and maintenance of the common areas: what services are provided, how the fees are determined and whether there are any outstanding amounts. In a gated residential complex, a registered management agreement may also be binding on a subsequent owner. This check gives the buyer a clearer understanding of the obligations that will apply after the acquisition.