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Before paying a reservation deposit or signing arras, verify five things: the seller has clear authority to sell; the apartment has no undisclosed charges, occupants or arrears; the required habitability, energy and building documents are valid; the apartment and building are physically sound; and the contract and tax budget match the transaction. In Catalonia, an independent lawyer and, where appropriate, an architect or building inspector should check the documents and property before you become contractually committed.
1. Complete the legal checks before paying more than a reservation deposit
A listing, viewing and verbal promise do not establish that an apartment can be sold on the advertised terms. Obtain current information from the Spanish Land Registry and compare it with the seller’s identity and the apartment you viewed. The Spain-wide buyer guide from AIPP, RICS and RDE, hosted by Registradores de España, recommends completing these checks before handing over money beyond a reservation deposit or signing another agreement. That guide dates from about 2015, so use it as a checklist and have current Catalan rules confirmed for your transaction.
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Confirm ownership and the seller’s authority
- Check the registered owner and the property description in current Land Registry information.
- Make sure every owner, spouse or other person whose consent is legally required can sign the sale.
- Ask how the seller acquired the apartment and whether an inheritance, power of attorney, company resolution or court process affects the sale.
- Reconcile the registry description with the address, floor, door, usable area, parking space, storage room and other annexes shown to you.
If the person marketing the apartment is not the registered owner, require documentary proof of authority before signing. A translation or an agent’s assurance is not a substitute for checking the original records.
Search for mortgages, judgments and other charges
Ask for a current registry extract and identify every mortgage, seizure, court judgment, easement or other charge. Establish in writing which charges will be cancelled before completion, who will arrange cancellation, and how the notary will verify it. A promise that a mortgage will be “sorted out later” leaves you exposed unless the contract makes cancellation a condition of completion and allocates the cost and timing.
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Check occupants, tenants and rights that limit possession
Find out whether the apartment is vacant, let, occupied by a family member or subject to another right of use. Request any lease, extension, rent guarantee or court document. The contract should state whether vacant possession is delivered on completion and what happens if an occupant remains. Also ask whether the property is protected or subsidised housing, because eligibility, resale restrictions and administrative approvals may apply.
Investigate community-fee and property-tax arrears
Request a written statement from the owners’ community showing paid and unpaid fees, approved extraordinary assessments and any payment arrangement. Ask for the latest property-tax (IBI) receipts and confirmation that there are no outstanding amounts. Your lawyer should check how any arrears are settled at completion and whether the deed records the required certificates or declarations.
Look for sale restrictions and rights of first refusal
Ask whether a public body, co-owner, tenant or protected-housing authority has a right of first refusal or approval. Do not assume that a normal private sale timetable applies where such a right exists. Your adviser can identify the required notices and deadlines from the property’s status and location.
For new or off-plan homes, verify structural-defect insurance
For a new or off-plan apartment, confirm the applicable structural-defect insurance and obtain the policy or certificate. Have the contract identify the developer, completion obligations, guarantees, delivery date and the documents that must be supplied before handover.
2. Obtain and verify the seller’s housing documents
Catalonia’s housing department publishes a seller-document checklist. Ask for the documents early enough to verify them, not on the day of signing. Names, addresses, dates and surface areas should agree across the certificate, registry, cadastre, plans and contract.
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Habitability certificate (cèdula d’habitabilitat)
The cèdula d’habitabilitat applies to both new and used homes. It records compliance with minimum habitability conditions and is described by the Generalitat as “imprescindible per donar-se d’alta dels serveis d’aigua, electricitat i gas” (essential for connecting water, electricity and gas). Check its validity, certificate number, address, floor, door and stated occupancy or surface details. If the certificate is missing, expired or inconsistent with the apartment, ask the seller to resolve the issue before you commit and obtain professional advice on whether a new inspection or administrative process is required.
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Energy-efficiency certificate and label
Request the energy-efficiency certificate and its label. Confirm that they identify the apartment being sold, note the issue and expiry dates, and match the actual layout and installed systems. Treat the rating as operating information rather than a guarantee of future bills: consumption depends on use, tariffs, climate, equipment condition and ventilation. Ask for details of heating, cooling, hot-water systems and any recommended improvements so you can price likely works.
Additional documents for new construction
For a newly built home, request the scaled plans, construction-material and quality information, professional and contractor details, supply-company information, guarantees and documentation about any mortgage. Compare the plans with the specification and identify every item included in the price, such as appliances, lighting, air-conditioning equipment, parking, storage and fitted wardrobes. Record what is provisional and what must be delivered at handover.
Reconcile usable area, cadastral data and annexes
Do not rely on a headline square-metre figure. Ask for the usable area stated in the contract and compare it with the registry and cadastral descriptions, plans and the physical measurement. Clarify whether balconies, terraces, patios, parking and storage are private, common-use or separately registered. A parking space that appears in an advertisement but not in the deed or registry needs documentary proof before it is treated as part of the purchase.
3. Assess the building, common areas and apartment condition
Understand what an ITE does—and does not—tell you
Ask whether the building is required to have passed the Inspecció tècnica dels edificis (ITE). The Generalitat’s ITE FAQ states that, under its guidance, residential buildings over 45 years old have a legal ITE obligation, subject to property-specific applicability and exemptions. Request both the inspection report and the certificate of fitness where they exist.
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An ITE is a visual assessment by a competent technician. It describes the building’s apparent condition and deficiencies; it is not a buyer-specific survey of every apartment and does not seek hidden defects. The Generalitat states: “En cap cas, té per objecte detectar vicis ocults.” Read the condition rating, urgent defects, required remediation and any rehabilitation programme. Ask the community who must carry out the work, the approved budget, the timetable and the amount already paid by this apartment.
Inspect the apartment, not just the paperwork
View the apartment in daylight and, if possible, after rain or at a different time of day. Check for:
- Cracks, damp staining, mould, peeling finishes, swollen joinery and signs of leaks.
- Windows, shutters, seals, insulation, noise transmission and evidence of condensation.
- Water pressure, hot-water delivery, drainage, odours and the condition of visible pipes.
- Electrical distribution boards, sockets, earthing, wiring condition and the age of major appliances.
- Heating, cooling and ventilation equipment, including service records and fuel type.
- Floor levels, doors, cupboards and any alteration that may have affected structure or waterproofing.
Ask who made extensions, enclosures or internal alterations, when they were made and whether licences, community approvals and updated plans exist. An attractive renovation can still create insurance, planning or community problems if it was not authorised.
Inspect common areas and services
The Generalitat’s buyer guidance recommends checking the building’s actual age, common services and electrical and other utility installations. Examine the entrance, lift, stairs, roof, façade, courtyards, garages, refuse areas and water or gas installations. Ask about lift maintenance, façade or roof repairs, accessibility projects, plumbing risers, electrical upgrades and planned major works.
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Request recent owners’ meeting minutes, the current budget, reserve fund information and notices of disputes or planned works. Minutes often reveal façade, roof, lift, structural, water-ingress or accessibility projects before they appear in a formal assessment. Ask how extraordinary assessments are divided, whether the seller has paid them, and whether a new assessment could be approved after you sign but before completion.
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Commission an independent inspection for material concerns
An architect or other qualified building professional can inspect the apartment and explain likely repair costs. Choose someone independent of the seller, agent and contractor. Give the inspector the ITE report, plans and community minutes so the visit covers both visible defects and the building issues already identified. A professional inspection complements the ITE; it does not replace the official documents.
4. Compare the full cost and risk of competing apartments
Price per square metre alone can make a problematic apartment look inexpensive. Use the same evidence and assumptions for each property. Record whether a figure is documented, estimated or still unknown.
| Comparison area | Evidence to record | Why it changes the decision |
|---|---|---|
| Total acquisition cost | Price, applicable tax, deed and registry costs, professional fees, financing costs, insurance, utility changes and immediate repairs | A lower asking price may be offset by tax, works or financing expenses |
| Legal status and possession | Registered owner, charges, arrears, tenants, occupancy rights, protected-housing status and vacant-possession terms | Unresolved rights or debts can delay completion or reduce usable possession |
| Space and inclusions | Usable area, layout, annex registration, terrace or parking rights and contract description | Advertised area or an informal parking promise may not be legally included |
| Building condition | Building age, ITE rating, certificate of fitness, defects, community minutes and approved works | Shared works can create large assessments after purchase |
| Running costs | Community fee, property tax, utilities, lift or parking charges and insurance requirements | Recurring costs affect affordability beyond the mortgage payment |
| Location and access | Lift, stairs, public transport, noise, sunlight, parking access and services | Daily usability and future resale depend on the actual setting, not the listing description |
| Energy performance | Energy label, heating and cooling systems, insulation, windows and recommended works | Efficiency, comfort and future upgrade costs vary substantially between similar homes |
5. Read the reservation, arras and sale contract before signing
The Generalitat says the sale contract should identify the parties and property, list annexes such as parking or storage, state usable area, and describe common areas and community statutes when relevant. Make sure the document you sign contains the same apartment and inclusions you inspected.
Check the commercial and legal terms
- Exact price, deposit amount, payment dates and the account receiving the money.
- Whether the payment is a reservation deposit, arras penitencials, confirmatory deposit or another form of binding agreement.
- When the payment is refundable, when it is forfeited and what each party owes if the other withdraws or cannot complete.
- Completion date, notary arrangements, handover condition and the consequences of delay.
- Financing conditions, valuation or mortgage deadlines and the remedy if financing is refused.
- Vacant possession, treatment of tenants or occupants, and responsibility for any arrears or community assessments.
- Fixtures, appliances, keys, access devices, parking and storage identifiers, and any repair the seller promises to complete.
- Cancellation of mortgages and other charges, delivery of certificates and allocation of taxes and costs.
Do not sign on the basis of a translated summary
Deposit contracts can create binding commitments. Have an independent lawyer qualified to advise on Catalan property transactions review the actual Catalan or Spanish text and explain the consequences in a language you understand. The lawyer should verify the registry and community information rather than merely editing the agent’s template. Do not transfer a substantial amount while material documents, financing conditions or vacant-possession terms remain unresolved.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.6. Calculate Catalan taxes and transaction costs for the actual transfer
Tax depends on whether the transaction is a resale or an IVA-taxed transfer, the property and price, the seller’s status, and the buyer’s eligibility for a reduced category. Rates and eligibility can change, so check the Agència Tributària de Catalunya’s current Compravenda de béns immobles guidance for the transaction date and obtain a written calculation from a notary, tax adviser or lawyer.
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| Transaction or charge | Figure or rule in the current guidance | Qualification |
|---|---|---|
| Resale or other transfer generally not subject to IVA | Generally falls under TPO | The applicable tariff depends on value, property and buyer circumstances; do not assume one rate applies to every purchase |
| Qualifying general-rate TPO transfer valued at no more than €600,000 | 10% | Conditional official rate statement; check higher values, exceptions and special buyer categories before relying on it |
| IVA-taxed transfer formalised in a public deed | AJD may apply | The Catalan Tax Agency lists the relevant rules and exceptions |
| AJD tariff AJ4 | 1.5% | Verify that the transaction meets the tariff conditions and that the rate remains current |
| AJD tariff AJ5 where the seller has waived the IVA exemption | 3.5% | Effective 27 June 2025 under the cited guidance; confirm applicability for your deed |
| New home in the standard cases described by the Generalitat buyer-cost guidance | 10% IVA | Protected-housing treatment and other special cases can differ |
The figures above are conditional official rates, not a universal estimate of the tax you will owe. The Catalan Tax Agency notes rate changes effective 27 June 2025; recalculate if the law, price, property classification or buyer profile changes.
Budget the non-tax costs
The Generalitat’s buyer-cost guidance identifies the purchase price; applicable IVA or TPO/AJD; notary and Land Registry costs for the deed; certain mortgage costs when financing is used; utility account-holder changes; and insurance. Values and expenses vary by transaction. Ask for a written budget that separates one-time costs from recurring costs and states who pays each item.
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Build a cash requirement, not just a purchase-price calculation
- Start with the agreed price and the payment schedule in the deposit and sale contracts.
- Classify the transfer as resale/TPO or IVA-taxed and identify any reduced-rate eligibility.
- Add the applicable tax using the current Catalan Tax Agency calculation.
- Add notary, registry, legal, inspection, valuation, mortgage, insurance and utility-change costs that apply to your case.
- Allow for immediate repairs and any documented community assessment, keeping those estimates separate from official charges.
- Confirm the amount and timing of funds required at reservation, arras, deed signing and post-completion tax filing.
7. Recognise red flags and decide what to do
| Red flag | Why it matters | Practical response |
|---|---|---|
| Seller will not provide current registry information | Ownership, charges or authority may be unclear | Pause payment and have your lawyer obtain and review the record |
| Area, floor, door or annex differs between documents | The contract may describe a different or smaller asset | Reconcile registry, cadastre, plans and physical inspection before signing |
| Expired or missing habitability certificate | Utility connections and legal habitability may be affected | Require clarification, renewal or professional advice as a contract condition |
| ITE lists deficiencies or an active rehabilitation programme | Shared works and assessments may be substantial | Read the full report and minutes; obtain the budget, timetable and payment allocation |
| Seller says the ITE proves the apartment has no defects | ITE is visual and expressly excludes hidden defects | Commission an independent apartment inspection |
| Tenant or occupant remains at completion | Vacant possession may not be available | Review the lease or occupancy right and make handover a precise contractual condition |
| Pressure to sign a same-day deposit | You may lose the deposit before checking charges, documents or financing | Use a short, conditional reservation only after legal review, or walk away |
| “All costs included” with no itemised budget | Tax, registry, mortgage or repair costs may be excluded | Request an itemised written estimate and independent tax calculation |
8. Assemble a buyer’s document file
Keep one dated file—digital and, for signed documents, secure originals—with:
- Listing, plans, specification and every written promise about fixtures or repairs.
- Current Land Registry information, seller-identification documents and authority to sign.
- Evidence concerning mortgages, charges, tenants, occupancy rights, protected status, community fees and property tax.
- Valid habitability certificate, energy certificate and label, and new-build guarantees or structural-defect insurance where applicable.
- ITE report, certificate of fitness, community minutes, budgets, reserve-fund information and approved works.
- Inspection reports, photographs, repair estimates and correspondence about defects.
- Reservation, arras and private sale contracts, with proof of each payment.
- Written tax and completion-cost calculations, mortgage documents and insurance quotations.
Give the complete file to your independent adviser. Missing pages, inconsistent dates or unexplained amendments are reasons to stop and clarify, not reasons to rely on a verbal explanation.
9. A practical decision rule
Proceed only when ownership and authority are clear, charges and arrears have a documented resolution, occupancy and restrictions are understood, the habitability and energy documents are valid, the ITE and community position are financially understood, the apartment has been independently inspected when warranted, and the contract states the asset, price, conditions and consequences of default accurately. If one of those points remains unresolved, keep the payment limited to a carefully drafted reservation—or do not sign—until an independent Catalonia-qualified professional advises you.
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