As you progress through the discussions with your Spanish solicitor, you should use the following check list to ensure you have absolute clarity on the most critical issues that effect the legality of your title. The solicitors recommended to you by Esmoz.com are fully aware of this list and will ensure that each element is covered to your complete satisfaction. We should stress that the list is not exhaustive, but covers most of the issues that concern property buyers.

1. Has a building licence been issued for the property?
2. Are the details of the planning approval included in your purchase contracts?
3. Confirm that the certificates, from the Architect and the Town Hall, have been obtained for the completion of the building (Certificado de Fin de Obra) and the Licence of the first occupation (Licencia de Primer Ocupacion).
4. Confirm that the Developer/Promoter has these documents; that fees have been paid and that this fact is reflected in your contracts
5. That all the registration details are included, the Finca number, the book number etc.
6. Your contract should include the total square meter area of the plot and the total constructed area of the property, plus terraces.
7. Examine the details of the Insurance policy to ensure that if the Developer/Promoter cannot complete the facilities on the complex, the insurance company will pay for their completion.
8. Confirm that there are no additional connection charges for electricity, water or sewage. The Developer must also supply you with a Gas contract. (Note: After you take occupancy of your property, you are liable for the re-connection charges if you fail to pay your bills to the utility suppliers)
9. Confirm the details of your share of the costs of participation in the Community of Owners Insurance and ensure that these are included in your contract.
10. The Developer/Promoter is responsible for all debts on the property, up until the date of the signing of the Escritura and handing over the keys.
11. If you don't wish to use the mortgage facility offered by the Developer/Promoter, you must obtain confirmation in writing that you will not incur any costs associated with this.
12. Have your solicitor confirm in writing to you, with a copy to the seller, stating the exact nature of all prices and payments shown in the contracts, and that no further costs will be incurred by you on completion of the contract.
13. Make sure that it is clearly stated in the Contracts that you are only responsible for the costs of preparing and registering the title deeds (The Escritura) for the Sale & Purchase of the property, and that you are not liable for the costs of the segregation of the land or the declaration of the new building.
14. Before signing the Contracts you must have sight of the 'Nota Simple', a document from Land Registry proving that the person you are buying from is the registered legal owner of the property and that there are no mortgages or encumbrances on the property from any third party, be they family of the seller or financial institutions.
15. You must insist on having a detailed breakdown of the list of costs of preparing and registering the Title deeds (The Escritura) and the exact calculation and amount of property transfer tax (Plus Valia Tax)
16. Confirm the exact amount and the limits of any Community Fees.
17. Check that the Developer/Promoter has registered the property with the RECAUDACION PROVINCAL. This needs to be reflected in the Contracts.