Property Due Diligence

Buying Journey — Step by step

What does a 'forensic' property due diligence look like?

While you may be emotionally committed to the home, your lawyer must remain clinical. During the due diligence phase, they will verify that the property's physical reality matches its legal description in the Registry. It is recommended to book a technical survey to complement the legal work with a structural evaluation. This is the stage where a promising villa becomes either a safe acquisition or a liability you're glad you dodged.

The LPO (Occupation License)

The most critical document in Marbella is the Licencia de Primera Ocupación (LPO). Without this, you cannot get individual utility contracts or legally rent the property to tourists. If a property lacks an LPO, your lawyer must advise you on the risks of 'AFO' status or potential planning infractions.

Community and Debt Audits

Your team will also audit the community minutes to see if there are pending special assessments (derramas) or if the neighborhood is facing any collective legal challenges. This deep dive ensures that when you arrive at the notary completion, there are zero surprises.

and protect yourself with a full legal and technical audit before paying the 10% installment.

Advisor Insight

"Treat the grueling due diligence phase as your ultimate 'decision insurance.' If your lawyer discovers a major structural or legal infraction and advises you to abort the transaction, trust them unconditionally. A €10,000 lost deposit is painful; a €1,500,000 un-saleable, illegally built asset is deeply life-altering."

What usually happens

Your lawyer checks title and registry information.
They review debts, charges and legal obligations affecting the property.
They raise issues that need clarification, correction or renegotiation.

Timing

After reservation and before final completion commitments.

People

Lawyer, You, Sometimes agent and seller-side advisors

Cost

The value here is often in the problems you avoid buying.

Prepare

Registry information
Ownership documents
Debt or community documents where relevant
Planning or compliance information

Risks

Assuming due diligence is a formality.
Downplaying legal issues because the property feels right emotionally.
Moving forward before unresolved points are closed.

Property deep-dive

Technical survey (Surveyor) of roof, HVAC, and structure
Check legal compliance (LPO, AFO status)
Audit community finances and pending debts
Verify planning permission for pool and extensions

Expert Q&A

Expect 3-4 weeks. The delay is usually the Town Hall (Ayuntamiento) providing records of old building permits. Be patient—this is where you buy your peace of mind.

Licencia de Primera Ocupación. It is the most important paper you'll ever see. Without it, you can't get your own utility contracts and you can't get a tourist rental license. Never buy without it.

Yes. Your lawyer checks the law; a surveyor checks the bricks. A 'RICS' survey costs €500-€1500 and can spot rising damp or shifting foundations that a lawyer won't see.

It can affect you. If their extension is too close to the boundary, it may block you from getting your own building permits in the future. Your lawyer checks the whole plot, not just the house.

A legal status for houses built incorrectly that can no longer be demolished by the state. It's a compromise. You keep the house, but you usually can't extend it by even one square meter.