Most problems foreign buyers run into were visible on paper before they signed: a mortgage still registered on the flat, an extension with no permit, a community bill for a new lift, a tenant with a long lease. A good lawyer finds them in a few days. Ask for these checks before the preliminary contract, or make the contract conditional on them.
1. Who owns it, and is it free of charges?
Your lawyer gets a current extract from the land registry: a nota simple in Spain, a certidão permanente in Portugal, a visura ipotecaria in Italy, an extract from the Grundbuch in Switzerland, a land register extract (zemljišnoknjižni izvadak) in Croatia, title documents from HM Land Registry in England.
It shows:
- the registered owner, who must be the person selling (or properly represented)
- mortgages, liens and court orders against the property
- rights of way, usufructs and other rights that third parties hold
- the registered size and description, to compare with reality
2. Does what you see match what is registered?
Compare the registry, the cadastre (tax register) and the building in front of you. Common gaps:
- extra rooms, closed-in terraces or pools built without a permit
- a garage or storage room advertised but not registered to the flat
- a plot larger or smaller than described
Unlicensed works can mean fines, refused mortgages and, at worst, demolition orders. Your lawyer can check the town hall's records and the building licence or habitation certificate (licencia de primera ocupación, licença de utilização, agibilità).
3. Are the bills paid?
Ask for proof that these are up to date:
- property tax for the last years (IBI, IMI, IMU, taxe foncière)
- community or service charges
- utilities, if they stay with the property
4. What is happening in the building?
For a flat, ask for the minutes of the last two or three owners' meetings and the current budget. Look for:
- approved works not yet billed: roof, façade, lift, pool
- disputes with the developer or between owners
- rules on pets, holiday lets or changes to terraces
In Spain, owners can now vote to restrict new tourist flats in their building, and in Croatia a new tourist let in a shared building needs owners' consent. If you plan to let the home, check what the building allows.
5. Is anyone living there?
A tenant with a valid lease can have the right to stay after a sale in many countries. Confirm the home will be empty at completion, or read the lease if you are buying with a tenant in place.
Extra checks for some properties
- Rural and agricultural land. Planning rules are strict, and some countries restrict foreigners: non-EU buyers cannot acquire agricultural land in Croatia.
- Coastal property. Spain's coastal law limits building near the shore; some older homes sit on public coastal land.
- Listed and old-town buildings. Changes need heritage approval, which takes time.
- Tourist licences. A licence to let a home to tourists may not transfer to you, and many cities now restrict new ones (Lisbon, Málaga, Dubrovnik among them).
- Border areas. Greece needs prior approval for non-EU buyers in designated border areas, including some islands.
- Switzerland. People living abroad, and many non-EU residents, need cantonal authorisation under Lex Koller.
Documents to ask for
Questions people ask
How long do the checks take?
The registry extract arrives in a day or two. Town hall checks on permits can take one to three weeks. Build that time into the preliminary contract.
The agent says the extension is "legal but not registered". Is that fine?
Ask for the permit. If it exists, the seller can usually register the extension before completion. If it does not, the price should reflect the risk, or you should walk away.
Is title insurance needed in Europe?
Usually not: the land registry and the notary's checks give strong protection. In the US, title insurance is standard.
This guide is general information, not legal, tax or financial advice. Rules change; check the details with a local professional before you sign or pay anything.