Property due diligence in Marbella.

Know exactly what you are buying before you commit a single euro.

A property can carry a charge you cannot see, an extension without a licence or a debt that passes to the new owner. Due diligence finds it before signing, while you can still negotiate or walk away at no cost.

What we check

We request and read the documents ourselves, rather than relying on what the seller hands over. In Marbella, what matters is not only who owns the property: it is whether what was built matches what is registered and what the Town Hall allows.

Land Registry: title, mortgages, embargoes, easements and annotations; whether the registered plot matches the physical property.
Cadastre: surface area, boundaries and consistency with the Registry.
Planning status: building and occupation licences, enforcement files, protected areas and the land classification under Marbella’s planning rules.
Community of owners: certificate of debts, approved levies, by-laws and restrictions (for instance, on holiday lettings).
Debts that follow the property: IBI, local taxes and utilities; and for new builds, the developer’s solvency and the guarantees for advance payments.
Existing contracts: tenancies, purchase options and pre-emption rights.

Why it matters more in Marbella

Marbella has a singular planning history: its 2010 General Plan was annulled by the Supreme Court in 2015 and the town reverted to its 1986 plan. Thousands of homes were left in situations that need to be understood before buying: outside planning, “assimilated” outside planning, pending regularisation. That is not a reason not to buy; it is a reason to know what you are buying and at what price.

The report

The result is a written report, in English or Spanish, stating what we checked, what we found and what we recommend: buy, buy on conditions (price, retention, time to remedy) or do not buy. Whatever we find is carried into the deposit contract as a condition, so it does not remain a conversation.

For sellers

A vendor’s due diligence —before the property goes on the market— stops a buyer from discovering a problem two days before completion and using it to renegotiate. We put the paperwork in order, regularise what can be regularised and prepare the property for a clean sale.

Frequently asked questions

What clients ask us.

How long does due diligence take?

For a home, one to two weeks from the moment we have the cadastral reference and the seller’s details. For land, buildings or income-producing assets, it depends on the documentation and the planning situation.

What is a property “assimilated to outside planning” (AFO)?

A building erected without a licence, or against it, on which a demolition order is no longer possible because of the passage of time. It can be registered and sold, but with limitations, for instance on extensions or certain utility connections. You need to know before paying the price of a fully legal home.

Is the nota simple enough?

No. The nota simple states who the owner is and which charges appear at the Registry; it does not say whether the works were licensed, whether the community is claiming a levy or whether what was built matches what is registered.

Do you carry out due diligence on land and developments?

Yes: title, land classification and zoning, buildable rights, planning charges, agreements and the status of the planning instruments. It is the foundation of any development investment on the Costa del Sol.

The time limits and rates quoted are those in force in 2026 and are confirmed for each matter.

Also

Other services.

Thinking about a property in Marbella?

The Costa del Sol moves fast.

Having the right legal partner before you sign anything makes all the difference. Get in touch and we will talk it through.

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