Identify the property, not just the development name
A marketing name is not a legal property description. Confirm the registered property, cadastral reference, address and actual municipality. This matters around the Fuengirola–Benalmádena area: the competent town hall and property records must be identified from the individual home, not assumed from the name used in an advertisement.
Compare the title and registry description with the apartment you viewed. A nota simple provides useful information about registered ownership and charges, but it is informative; a registry certification has a different evidential status. Neither replaces checking the physical condition or every planning issue.
Check what is included: garage, storage and facilities
Ask whether parking and storage are separate registered properties, annexes or rights to use common areas. Make sure the contract identifies them correctly and that the seller can transfer them. Include an inventory if furniture or appliances are part of the price.
Access to a gym, pool or other facility may arise from ownership, community arrangements or a separate service contract. Confirm transferability, restrictions and fees in the actual documents. Do not assume that an amenity shown during the viewing is an unlimited, permanent right included in the title.
Community debts and special assessments
Obtain the seller's community debt certificate. Under the Horizontal Property Law, the property can be liable for unpaid community charges attributable to the elapsed part of the purchase year and the three preceding calendar years. Waiving the certificate does not make the underlying risk disappear.
Also request recent meeting minutes, the budget and information about approved or proposed special assessments, known defects and disputes. A certificate showing no current arrears does not, by itself, prove that no significant future expenditure is planned. Agree how relevant payments are allocated and check when they fall due.
A practical resale document checklist
- Title deed, current registry information and identification or authority of every seller.
- Cadastral details and available local tax receipts, checked against the actual home.
- Community debt certificate, budgets, minutes and relevant rules or service contracts.
- The applicable occupancy and planning documentation, especially after alterations or enclosure of terraces.
- Energy documentation, mortgage cancellation arrangements and an inventory where appropriate.
- Information about tenants or occupants and a clear arrangement for vacant possession, keys and meter readings.
A legal review and a technical inspection answer different questions. If you are concerned about damp, installations or structural condition, arrange an appropriate survey rather than assuming that a clean registry entry confirms the building's condition.
Frequently asked questions
Does a debt-free community certificate rule out future assessments?
No. Read the minutes and budget as well, and ask specifically about approved works and payment dates.
Can I assume I may use the apartment for holiday letting?
No. The intended use needs a separate check of current rules, local restrictions and community requirements before relying on rental income.
Should these checks wait until the notarial signing?
Key risks should be investigated before a binding reservation or deposit. Resolve outstanding conditions in writing rather than hoping they can all be fixed on completion day.