Legal content last updated: 1 October 2026
Every check below happens before the deposit contract, not after. If a problem turns up, you still have the leverage to renegotiate the price, require the seller to fix it, or walk away with your money.
The checks we run
- Land Registry Nota Simple — Confirms the legal owner, the registered surface area and every charge recorded against the property.
- Mortgages, embargoes and charges — Any outstanding lending must be cancelled at the notary out of the sale proceeds, not promised afterwards.
- Community fees and minutes — Certificate of zero debt from the administrator, plus the last AGM minutes — where planned extraordinary levies for lifts, roofs or pools appear.
- IBI and local taxes — Last receipt, checked against the catastral reference so you are not buying somebody else's arrears.
- Cédula de habitabilidad / licence of first occupation — Without it utilities and letting are at risk, and a mortgage lender may refuse the file.
- Licences, extensions and planning — Town hall file check for unlicensed works, closed terraces, pool rooms and any open disciplinary proceedings.
- Catastro vs deed match — Surface area and boundaries reconciled between the catastro plan and the registered description.
- Tenancies and occupation — Confirmation the property is vacant on completion, and that no tourist-exploitation agreement restricts your use.
Checks specific to Tenerife South
- Touristic complexes — many buildings in Costa Adeje and Playa de las Américas were licensed as tourist accommodation. An exploitation agreement can restrict private use or private letting.
- Coastal law — seafront properties may sit within the protection zone of the Ley de Costas, which limits extensions and refurbishment.
- Closed terraces and pergolas — common in Adeje and Arona, frequently missing from the deed and the building licence.
- Holiday-let position — whether the property can legally be offered as a vivienda vacacional under the current Canary Islands rules.
Documents to ask the seller for
- The title deed (escritura) and a recent Nota Simple.
- The last IBI receipt and rubbish tax receipt.
- A community certificate of no debt and the last two AGM minutes.
- The cédula de habitabilidad or licence of first occupation.
- The energy performance certificate.
- Recent utility bills, to confirm accounts are paid up.
What happens when something is wrong
Most findings are fixable. A registered mortgage is cancelled at the notary from the sale proceeds; community arrears are deducted from the price; an unregistered extension can sometimes be legalised at the seller's cost. The problem is only fatal when it is found after completion.
See how these checks fit into the timeline for buying property in Tenerife, and what conveyancing in Spain includes.