A beautiful Valencia flat can look ready for keys while carrying a problem that only appears in the paperwork: an unregistered extension, unpaid community fees, a holiday-let restriction, or a mortgage that has not been cancelled correctly. The best documents before exchange are therefore not simply a file to collect. They are the evidence that lets you commit your deposit with a clear view of what you are buying.
For British buyers, the word “exchange” needs a little translation. Spain does not follow the same standard exchange-of-contracts process as England and Wales. The key pre-completion commitment is often a private deposit contract, commonly called an arras contract. Depending on its wording, withdrawing may mean losing your deposit, while the seller may have to return double if they withdraw. That makes the checks before signing particularly important.
First, understand what you are committing to
A reservation agreement may take a property off the market for a short period while due diligence begins. It is not automatically harmless. Its terms should state the reservation amount, the deadline for checks, exactly when the money is refundable, and what happens if the legal review identifies a material issue.
The arras agreement is usually the more consequential document. Before signing it, you should know the agreed price, deposit amount, completion date, included furniture or appliances, and any conditions that must be met. If your purchase relies on mortgage finance, selling another property, or obtaining a specific tourist-rental licence, those conditions need to be drafted clearly. Assumptions made in a viewing or WhatsApp conversation do not offer the same protection.
In a new-build purchase, the equivalent commitment may be a reservation form followed by a private purchase contract. The documents and risks are different in several respects, especially around planning permissions, construction milestones and protection of stage payments.
The best documents before exchange: the legal core
The right papers vary according to the property and municipality, but a careful legal review should begin with the following documents.
Land Registry extract and title deed
A current nota simple from the Land Registry identifies the registered owner, legal description, square metres, existing charges and registered rights affecting the property. It may reveal a mortgage, embargo, right of way, usufruct or another claim that needs resolving.
It is essential, but it is not a complete guarantee. The Land Registry description can differ from the physical property, especially where terraces have been enclosed, layouts altered or older homes extended. The title deed, or escritura, helps establish how and when the seller acquired the property and whether the information aligns with the proposed sale.
Your adviser and lawyer should compare the Registry record, title deed, cadastre and what you saw during the viewing. A mismatch is not always a reason to walk away. Sometimes it can be regularised. The question is whether it can be resolved before completion, at whose cost, and whether it affects finance, resale or intended use.
Cadastral record and IBI receipts
The Cadastre is a separate administrative register used for tax purposes. Its reference number, location, use and surface area should be checked against the other records. It is common for Registry and cadastral measurements to differ, but significant inconsistencies deserve an explanation rather than a shrug.
Ask for recent IBI receipts, the annual local property tax. These confirm the cadastral reference and show the usual tax level. They also help establish whether there are outstanding local tax liabilities. Depending on the council, other local charges may also need checking.
Community of owners certificate and rules
For a flat, townhouse or home in a development, the community of owners can shape everyday life as much as the property itself. Obtain a certificate confirming whether community charges are paid up to date and whether the seller owes any special assessments. Under Spanish law, a property can carry liability for certain unpaid community debts, so this should never be treated as an informal question to the estate agent.
Read the community statutes and recent meeting minutes where available. They can reveal planned façade works, lift replacement, persistent disputes, restrictions on pets, limits on short-term letting, or unusually high service charges. A low advertised community fee is less reassuring if the building has deferred major maintenance for years.
Occupancy licence, planning status and works documents
The property should have the appropriate occupancy documentation, often known as a licencia de primera o segunda ocupación depending on the home and local authority. In Valencia, the precise position can depend on the age, type and history of the property. A lawyer should confirm what is required for the transaction and for practical matters such as utility contracts.
If there have been alterations, request building licences, completion certificates and any architect’s documentation. Do not accept “everyone has done it” as evidence that a terrace enclosure or loft conversion is legal. Unauthorised works can complicate a future sale, mortgage application, insurance claim or community relationship.
For a rural home or property near protected land, urban-planning due diligence becomes even more important. The legal status of the building, access, utilities and future development restrictions may not be obvious from the sales particulars.
Energy performance certificate and utility information
The seller should provide an energy performance certificate. Beyond compliance, it gives a useful starting point for understanding insulation, heating and likely running costs. Valencia’s climate can reduce heating demand, but it does not make poor ventilation, inefficient air conditioning or weak glazing irrelevant.
Ask for recent electricity, water and gas bills where applicable. They show typical consumption and provide the account information needed for transfer. Check whether there are solar panels, a storage system, a well, a septic tank or other installations that require particular documents, maintenance arrangements or permissions.
Documents that protect the money you send
International buyers should be particularly disciplined about the payment trail. Before any reservation or deposit is transferred, verify the seller’s identity and authority to sell. If a representative signs, obtain and check the power of attorney. If the owner is a company, the company’s legal capacity and signatory powers must be confirmed.
The contract should record where the deposit is held, whether it is paid to the seller, agent, lawyer or developer, and under which conditions it is released. Never rely on a verbal assurance that a payment is “fully refundable”. Refundability is determined by the signed wording.
For a new-build property, every stage payment should be protected by the legally required guarantee or insurance policy where applicable. You should receive the individual guarantee documentation, not merely a promise that the developer has a general arrangement in place. Also check the building licence, technical specifications, delivery timetable, first occupancy status and whether VAT, stamp duty and connection costs have been budgeted correctly.
Ask for the documents that affect your plans
Due diligence should reflect the life you intend to lead in the property. A buyer planning to work remotely may need confirmation of reliable fibre availability, not a vague statement that internet is “possible”. A buyer intending to renovate needs clarity on community rules, structural constraints, licences and estimated timelines.
If you may rent the home, check the position before committing. Valencia and other Spanish regions have changing rules around tourist accommodation, and a property’s apparent suitability does not create an automatic right to obtain a licence. Local regulations, community rules and the property’s precise location can all matter.
Parking spaces and storage rooms also need their own review. Confirm whether they are included in the title, recorded as separate registry units, subject to charges, or merely used by informal arrangement. The same applies to roof terraces, patios and garden areas: exclusive use is not always the same as ownership.
Do not confuse a full file with a safe purchase
Paperwork can be complete in appearance yet still leave open questions. A clean Registry extract does not confirm that all works are lawful. A community debt certificate does not tell you whether a major repair vote is approaching. An energy certificate cannot replace an inspection of damp, drainage, electrics or air-conditioning equipment.
That is why the best approach combines documents with independent professional review and, where appropriate, a survey by a qualified architect or technical expert. The cost is modest compared with buying a problem you only discover after completion.
At HelloHome Valencia, buyer-side support is built around this distinction. The aim is not to slow down a purchase for the sake of process. It is to identify what needs resolving, negotiate from a position of knowledge and ensure you understand the risk before your deposit becomes difficult to recover.
A seller who is properly prepared should be able to provide much of this information quickly. If key papers are delayed, contradictory or dismissed as unnecessary, treat that as useful information rather than an inconvenience. The right home in Valencia should support the life you want to build there, not begin with an avoidable legal or financial surprise.
