Marbella Property Due Diligence: 14-Point Checklist Before You Sign Arras
The arras contract (10% deposit) is the legal point of no return. Walk away after signing arras and you forfeit the deposit; force the seller to walk and they pay you double. Everything that protects you must be confirmed before that signature, not after. Most failed purchases trace back to one or two checks skipped on the 14-point list below.
Direct answer
Before any non-resident buyer signs arras on a Marbella property, the conveyancing lawyer must complete 14 separate verifications spanning legal title, debts, urbanism, fiscal status, and physical compliance. The lawyer's fee (1.0–1.5% of purchase price per our buying fees breakdown) covers all 14. If your lawyer cannot show you the documentation behind each check, you have the wrong lawyer.
The 14-point checklist
| # | Check | Source | Risk if skipped |
|---|---|---|---|
| 1 | Nota simple — current ownership and charges | Registro de la Propiedad | Wrong owner, hidden mortgages, embargos |
| 2 | Outstanding mortgage on the property | Registro + bank | Unreleased charge surfaces at notary |
| 3 | IBI (property tax) status — last 5 years | Ayuntamiento de Marbella | Debts attach to the property |
| 4 | Basura (waste collection) status | Ayuntamiento | Same — debts follow the property |
| 5 | Community fee status + pending derramas | Community administrator | Special assessments attach at completion |
| 6 | Embargos / liens / pre-emption rights | Registro + Hacienda | Cannot transfer with active embargo |
| 7 | Urbanismo / planning compliance (built area vs registered) | Ayuntamiento de Marbella urbanismo | Illegal extensions, demolition orders |
| 8 | Cédula de habitabilidad / licence of first occupation | Junta de Andalucía / Ayuntamiento | Cannot connect utilities; sale invalid in some cases |
| 9 | ITE for buildings 50+ years | Ayuntamiento | Mandatory; non-compliance carries fines |
| 10 | Energy certificate (CEE) | Licensed assessor | Mandatory for sale; €300–600 fine |
| 11 | Easements (servidumbres) — rights of way, view, drainage | Registro + on-site inspection | Hidden burdens reduce value or use |
| 12 | Pre-emption rights of community / Junta | Registro + administrator | Sale can be challenged |
| 13 | Seller's residency status (3% IRNR retention) | Certificado de residencia fiscal | Buyer personally liable for retention |
| 14 | Catastro vs Registro reconciliation | Catastro | Surface discrepancy = unlicensed works |
The 14 checks, in plain English
1–2. Nota simple and mortgage
Order a nota simple when the deal is agreed (€9–25, same day) and a fresh one within 7 days of signing. Confirms registered owner and every registered charge. If a mortgage is registered, the seller's bank must issue a "certificado de cancelación económica" committing to release the charge at completion.
3–6. Debts: IBI, basura, community, embargos
Marbella town hall issues "certificado de no deudas" on request (€0–60). Property tax debts attach to the property under art. 64 LGT — buyer becomes liable on completion. The community administrator issues a fee-status certificate; more importantly, request the last 3 AGM minutes for pending derramas (a €40,000 pool refurbishment voted a month before your purchase becomes your liability). Active embargos shown on the nota simple must be cleared before completion.
7. Urbanismo and built area
The largest hidden risk in Marbella. Villas extended over decades — pool houses, guest annexes, gym buildings — without proper licence are common. The Catastro and the Registro often show different surface areas. The Ayuntamiento has discretionary power to demand demolition or impose a regularisation fine. Cost to regularise via DAFO or AFO: €5,000–80,000.
8–10. Cédula, ITE, CEE
Cédula de habitabilidad: required for utilities and rental. Pre-1980 properties without current cédula can be re-certified (€60–200, 4–8 weeks). ITE: mandatory for buildings 50+ years old (Andalucía Ley 7/2002). CEE energy certificate: mandatory for sale; seller must provide.
11–12. Easements and pre-emption rights
Drainage easements, rights of way, view restrictions — recorded on the nota simple and visible on-site. Some communities and the Junta de Andalucía hold first-refusal rights; notification via lawyer is mandatory or the sale can be voided.
13. Seller's residency
Non-resident sellers trigger the 3% IRNR retention. Buyer is legally responsible for withholding and paying within 30 days. Confirm with apostilled certificado fiscal 30 days before signing.
14. Catastro vs Registro
A 30+m² discrepancy is the standard threshold for concern. Either the seller regularises before completion, or you walk.
Where buyers commonly trip up
Trusting the agent's word. Estate agents are not legally bound to verify any of the 14 points. Only the lawyer is. Even reputable agents miss embargos, derramas, and Catastro discrepancies — they're not paid to find them.
Skipping community AGM minutes. A clean fee certificate can sit alongside AGM minutes showing a €60,000 derrama scheduled next quarter. The minutes catch what the certificate doesn't.
Vague arras clauses. Specific clauses (cláusula de financiación, cláusula de inspección, cláusula de cancelación de cargas) with deadlines and remedies protect you. Generic "subject to verification" does not.
Skipping the on-site inspection. Easements, encroachments, illegal extensions, and pool problems are rarely visible on paper. A 2-hour site walk with the arquitecto técnico catches what documents hide. See our property survey types guide.
Pressured arras timeline. 7-day arras pressure is a red flag. Real due diligence takes 14–30 days.
When to call Muse
The day you sign the reservation contract (compromiso de reserva) — typically with a €6,000–30,000 reservation deposit. The 14-day clock to arras starts immediately, and the lawyer needs every day of it. Muse coordinates with two preferred conveyancing firms that run the full 14-point list as a standard pre-arras protocol. For where due diligence sits within the broader 12-step Spanish purchase process — and for the full transaction context including taxes, mortgage, currency and post-completion administration — see the Marbella property buying complete guide 2026.
FAQ
What if a debt is found after I sign arras? You have grounds to renegotiate or rescind, depending on the contract clauses. A well-drafted arras agreement includes "free of charges and debts" representations from the seller, with right to rescind if breached.
Can the seller refuse to provide certificates? Yes, but their refusal is itself a red flag. Walk away. The cost of pre-completion remediation on a hostile seller is rarely worth it.
How much does the full due diligence cost? Bundled into the 1.0–1.5% legal fee in our buying fees breakdown. External certificates are typically €100–500 in total.
Does buying through a Spanish company change due diligence? Yes. Asset purchase (compra del activo) requires the same 14 points. Share purchase (compra de la sociedad) requires additional corporate due diligence on the SL — past tax returns, employment liabilities, contingent liabilities. Add €3,000–8,000 in legal fees. See our closing day checklist for the post-arras workflow.
Running due diligence on a Marbella deal? Muse Marbella runs the 14-point checklist with our preferred conveyancing firms before you sign arras — free for buyers represented by us. Founder Max Bykov reviews every brief personally. Browse Marbella listings to start the file.
Related Reading
- Marbella Property Buying Fees — Complete Breakdown 2026 | Muse Marbella
- Marbella Property Closing Day Checklist 2026 | Muse Marbella
- Marbella Property Management Fees 2026 — What You Actually Pay | Muse Marbella
- Marbella Property Rental Yield 2026 — Net, Realistic Numbers | Muse Marbella
- Marbella Property Survey Types & Cost 2026 | Muse Marbella