What to Check Before Buying a House in Spain? Debts Nobody Tells You About

What to Check Before Buying a House in Spain? Debts Nobody Tells You About

You have all the paperwork. The notary has signed. And a few months later, a bill arrives for the previous owner’s debts.

This isn’t a horror story from the internet. It’s how Spanish law works. In many cases, the debt doesn’t follow the person. It follows the property.

If you’re wondering what to check before buying a house in Spain, start with these three traps. They’re only part of what’s worth checking before you pay a deposit, but they’re the ones that most often catch foreign buyers off guard.

1. Purchase tax the previous owner never paid

When the previous owner bought the property, they had to pay a purchase tax. For resale homes in Spain, this is usually ITP (Impuesto de Transmisiones Patrimoniales).

If they didn’t pay it, the Spanish tax office can claim it from the new owner. The law on this tax (art. 5 of the ITP and AJD Act) links it to the property itself, not only to the person who bought it.

Did the previous owner really pay that tax? It’s one of the questions you need answered before paying a deposit. Most buyers never even ask.

2. IBI property tax: up to 4 years back

IBI (Impuesto sobre Bienes Inmuebles) is an annual property tax paid to the town hall, roughly similar to council tax.

If the previous owner didn’t pay it, the town hall can claim the arrears from you. Usually this covers the last 4 years, but the period can be longer if the town hall had already chased the debt.

The notary must check for IBI debts and warn you before signing. The problem is that you find out on signing day, in Spanish, often after paying the deposit. By then it’s hard to negotiate.

3. Derrama: the certificate says “no debts”, but you still pay

This is the trap that surprises buyers of Spanish apartments the most.

A derrama is an extra levy the owners’ community approves for major works: roof, façade, lift, pool. It can reach several thousand euros per apartment, sometimes over ten thousand.

When you buy, you get a certificate from the community administrator confirming there are no debts. You feel safe. But that document shows what’s owed today. It doesn’t show what the community has already approved and will charge later.

Spain’s Horizontal Property Act (Ley de Propiedad Horizontal, art. 17.11) is clear: the derrama is paid by whoever owns the property when the instalment falls due. If the works were approved before your purchase and the first instalment arrives after it, you pay. Legally.

On top of that, the apartment is liable for community debts from the current year and the three previous years.

Where do you find out about planned derramas? Not in the documents normally requested in a sale. You need to know what to ask for and how to read it.

Why does nobody tell you?

Nobody is obliged to check these issues, and many others, on your behalf.

• The seller’s agency works for the seller. Its goal is the sale.
• The notary ensures the deed is legal and checks the mandatory documents. They don’t analyse community minutes or negotiate for you.
• You won’t ask for a document you don’t know exists.

If you don’t know what to ask for, you’ll face Spanish reality after the purchase. Getting the money back from the seller usually means a court case in a foreign country, in a foreign language.

Property checks in Spain, even if you’re buying through another agency

My name is Martyna Kamińska and I run the real estate agency MK Premium Properties in Altea, on the Costa Blanca. Every property I sell, I check exactly like this.

But today I’m also reaching out to you: if you’re buying a house in Spain through another agency or directly from the owner. I stand on your side and look at the deal through your eyes.

Our roots are in Poland, and that shapes how we work: meticulous, leaving nothing to chance. Our clients’ reviews say the same.

With our check:

• we break your purchase down into clear steps and tell you what to do at each one,
• we tell you which documents to request and check what they reveal,
• we verify the agency selling to you and the owner,
• we explain how things really work in Spain, in plain language,
• we honestly assess whether you actually need a lawyer.

We are not a law firm and we don’t replace a lawyer. If your purchase needs one, we’ll tell you straight. If it doesn’t, you’ll save time and money.

We work in English, Spanish, Russian, Lithuanian and Polish.

I’m a registered real estate agent with the Colegio Oficial de Agentes de la Propiedad Inmobiliaria de Alicante (API no. A419) and the RAICV register (no. 2891). I hold professional liability insurance.

Frequently asked questions

Is it safe to buy a house in Spain?

Yes. Spain’s land registry and notary system is solid. But your safety depends on checking, before you buy, the things nobody is obliged to check for you.

Can I inherit the previous owner’s debts?

Yes, in certain cases: unpaid purchase tax, outstanding IBI and debts to the owners’ community. In those cases the debt is linked to the property.

Who pays the derrama when an apartment is sold?

Whoever owns it when the instalment falls due. If it was approved before the sale and the bills arrive afterwards, the buyer pays, unless the contract says otherwise.

Is the community “no debts” certificate enough?

Not always. It shows current debts, but not future payments the community has already approved.

Do I need a lawyer to buy property in Spain?

It depends on the deal. For simple purchases it’s often not necessary; for complex ones it helps a lot. In the free consultation we’ll tell you which case you’re in.

Can I use your check if I’m buying through another agency?

Yes. The service was created precisely for people buying through another agency or directly from the owner.

Book a free consultation

Before you pay a deposit, talk to me. In a free consultation I’ll tell you what I can do for you and whether your purchase needs extra protection.

• WhatsApp: +34 622 91 98 87
• Email: info@mkpremiumproperties.com

Prefer to write through the website? Book your free consultation via the contact form.

Buying a house in Spain can be easy and joyful. As long as you know what really needs checking.

Martyna Kamińska | MK Premium Properties
Real estate agent, API no. A419, RAICV no. 2891

This article is for information only and does not constitute legal or tax advice. Every transaction requires individual assessment.