Buying property in Spain—whether it’s a home, commercial premises, or land—is one of the most important (and costly) decisions you can make in life. But is hiring a lawyer really necessary? What role does the so-called “Property Report” play? And what risks do you face if you decide to proceed without legal advice?

In this article, from Welex—law firm in Marbella specializing in real estate law—we explain in detail why hiring an expert lawyer and requesting a legal property report is not just advisable but a strategic decision to protect your investment and avoid future headaches.

Is it mandatory to hire a lawyer to buy in Spain?

No, Spanish law does not require a lawyer’s involvement to formalize a property purchase. However, just because it’s not mandatory doesn’t mean it’s not highly necessary.

In practice, the lack of legal advice can put your investment at risk, especially if you’re a foreign buyer, unfamiliar with local legislation, or the property has a complex legal status.

Most post-purchase issues—such as hidden charges, illegal constructions, or undeclared debts—could have been avoided with proper legal review.

What is a Property Report and why is it essential?

The Property Report (also known as a legal real estate report) is a document prepared by a specialized lawyer that thoroughly analyzes the legal status of the home or property you wish to purchase.

This report is a key tool to ensure the transaction is carried out with full transparency, legality, and legal certainty.

At Welex, what does our Property Report include?

At Welex, lawyers in Marbella, we conduct a thorough, case-specific analysis. These are the elements typically included in our reports:

1. Review of the “Nota Simple” from the Land Registry

The “nota simple” is the official document issued by the Land Registry, which contains:

  • Who the legal owner of the property is
  • The registered description (surface area, boundaries, type of property, etc.)
  • The existence of encumbrances: mortgages, embargoes, usufructs, easements, etc.

This allows us to confirm that the seller is indeed the owner and that the property is free of encumbrances.

2. Verification of Cadastral Information

The Cadastre is a separate public registry from the Land Registry that records data on:

  • Built surface and land area
  • Property use (residential, rural, commercial, etc.)
  • Cadastral reference number
  • Year of construction and possible renovations

We compare the Cadastre data with the Land Registry record to detect discrepancies. For example: undeclared constructions or illegal extensions.

3. Urban Planning Licenses and Permits

Depending on the type of property, we review various planning documents to ensure everything was built legally and has the necessary permits:

  • New builds: building permit, completion certificate, technical certificate

Finished property: first occupancy license, certificate of no planning infringement, occupancy certificate
Without these licenses, you could end up buying a property that is not legally habitable—or worse, face municipal penalties.

4. Check of Tax Burdens and Outstanding Payments

We analyze whether the property has:

  • Unpaid property tax (IBI) receipts
  • Debts to the community of owners
  • Unsettled water, electricity, or gas bills

These liabilities, although not always registered, can become the buyer’s responsibility if not detected in time.

What could go wrong if you don’t hire a lawyer?

Buying a property without legal advice could lead to situations such as:

  • Acquiring a property with undeclared debts
  • Buying a property that cannot be legally deeded or registered
  • Signing abusive or incomplete contracts
  • Discovering legal or structural problems after the purchase
  • Failing to comply with tax obligations as a foreign buyer

Advantages of hiring a lawyer specialized in real estate law

  1. Legal certainty
     The lawyer ensures all documents and procedures are in order before signing the purchase agreement.
  2. Risk prevention
    They detect potential fraud, irregularities, or hidden conflicts.
  3. Legal representation
    They can act on your behalf before notaries, authorities, registries, and other entities.
  4. Peace of mind
    You know you are conducting a legal, transparent transaction backed by professionals.

Why choose Welex as your law firm in Spain?

At Welex, we are a team of lawyers, economists, and tax advisors with extensive experience in the Spanish real estate market, particularly on the Costa del Sol.

What sets us apart:

  • Customized legal reports drafted in your language
  • Full support from contract signing to registration
  • Assistance for both residents and non-residents
  • Transparency, approachability, and commitment

Conclusion: Is a lawyer necessary to buy in Spain? Absolutely yes.

Buying property without a lawyer is like sailing without a map. You might reach your destination—but the risk of shipwreck is high.

Hiring a specialized lawyer and requesting a Property Report is the smartest decision you can make when investing in Spanish real estate. You’re not only protecting your money—but your peace of mind too.

Thinking about buying a property in Spain?

At Welex, a law firm based in Marbella, we are here to help. Contact us today and request your personalized legal report, prepared by experts in Spanish real estate law.