Arras contract checklist: 15 checks before paying a deposit

Why this checklist comes before the arras

In Spain, the arras contract is the private agreement where the buyer pays a deposit (usually called «señal») to take the property off the market until the deed is signed before a notary. Article 1454 of the Civil Code says that, where arras were paid, the contract can be undone by «the buyer agreeing to lose them, or the seller to return them doubled». Anything you discover after signing can therefore cost you the deposit.

This list is meant for the weeks between the first viewing and the arras, not for the week of the notary. It has 15 points in five blocks: documents, the building, community fees, location and money, and the arras contract itself. Each point says what to check, where to get it and who does it. For a broader overview of buying a flat in Spain, read the buying guide; this page is the list you print and tick off.

How do you check a property before buying in Spain?

Check five blocks before signing the arras: the paperwork (nota simple, Catastro record, energy certificate), the building (age, inspection, minutes and viewing), the community accounts, location and money, and the contract itself. That makes 15 checks; this short list is the one to print and tick off.

Paperwork and building: ☐ 1. A recent nota simple you ordered yourself. ☐ 2. Catastro record compared with the advert. ☐ 3. Valid energy certificate: ten years, five if the rating is G. ☐ 4. Storage room, parking space and terrace registered. ☐ 5. Year of construction noted. ☐ 6. Building inspection, with result and deadlines. ☐ 7. Minutes of recent owners' meetings. ☐ 8. Viewing of ceilings, downpipes, facade and roof.

Community, location, money and contract: ☐ 9. Community debt certificate, issued within seven calendar days. ☐ 10. Monthly fee, special levies (derramas) and reserve fund. ☐ 11. Flood zone, ground and radon. ☐ 12. Price against the reference value. ☐ 13. Buying costs worked out. ☐ 14. Type of arras, deadlines and conditions in writing. ☐ 15. All owners sign and you pay by bank transfer. Each point is explained below.

Documents: points 1 to 4

1. An up-to-date nota simple. What: the registered owner, the description of the property and any charges on it (mortgages, seizures, usufructs). The nota simple is an extract from the Land Registry (Registro de la Propiedad) and has merely informative value; only a registry certificate is formal proof. Where: the Land Registry or its website, using the address or the cadastral reference. Who: you or your lawyer, rather than relying on the copy the agent shows.

2. The Catastro record. What: use, built area, year of construction and the list of units in the building. Where: the Cadastre's online office (Sede Electrónica del Catastro); these are non-protected data anyone can consult (owner and cadastral value are protected). Who: you. Compare the area with the listing and with the nota simple, and ask the seller about any large gap.

3. Energy performance certificate. What: the rating letter, consumption and date. A certificate is valid for up to ten years, or five if the rating is G, and every sale listing must show the rating (Royal Decree 390/2021, articles 13 and 17). Where: from the seller; some regions also publish it in a public register. Who: the seller, who must attach a copy to the sale contract.

4. What you see is what is registered. What: storage room, parking space, enclosed terrace, loft or penthouse; check that they appear in the nota simple and the Catastro, and with what area. Where: the two documents above and the seller's title deed. Who: you, plus your lawyer or the notary if something does not match. An annex that is not registered is not bought: raise it before the arras.

The building: points 5 to 8

5. Year of construction and what it usually implies. What: the decade hints at which materials and rules applied (insulation, earthquakes, asbestos, high-alumina cement). Where: the Catastro record from point 2. Who: you, helped by our guide on the year of construction. 6. Building inspection (ITE or IEE in Spanish). What: whether there is one, its date, the result and the defects and deadlines it lists. Where: ask the property manager (administrador de fincas); some regions keep it in a public register. Who: you or your agent.

7. Minutes of recent owners' meetings. What: approved or pending works (façade, roof, lift, drainpipes), lawsuits and recurring complaints. Where: the seller or the property manager. Who: you; if major works were voted, ask for the amount and timing. 8. A careful viewing. What: cracks in walls and ceilings, damp stains, rust on joists, doors that stick. Who: you during the visit; if you see anything serious, an architect or building surveyor before the arras.

Community fees: points 9 and 10

9. Certificate of debts with the owners' association (comunidad de propietarios). What: whether the seller is up to date with the fees. The Horizontal Property Act (article 9.1.e) requires the seller to declare this in the deed and to provide a certificate from the association's secretary, countersigned by the president, issued within seven calendar days. It matters because the flat you buy answers for the previous owners' debts for the current year and the three previous calendar years. Who: the seller requests it; do not waive it.

10. Monthly fee, special levies and reserve fund. What: the monthly amount, any approved or planned special levy («derrama») and whether the reserve fund meets the legal minimum of at least 10% of the last ordinary budget (article 9.1.f). Where: the latest budget and minutes. Who: you. Write into the arras contract who pays levies already approved, because it is one of the most common disputes before completion.

What HOUSINGFAX checks from this list

Several points on this checklist come from public records, and HOUSINGFAX gathers them in one report with 22 checks on official sources: the Catastro record (point 2), the energy rating where the regional register publishes it (point 3), risks linked to the year of construction and aluminosis (point 5), the registered building inspection in the Valencian Community, the Basque Country and Madrid (point 6), flood zones, ground and radon (point 11), and a reference price with indicative buying costs (points 12 and 13). Every figure carries its source and date.

What it does not do: it does not order the nota simple, check community debts or read the minutes, which stay on your list. The nota simple tells you who owns the property; HOUSINGFAX tells you how the building is doing. Start with the free report, which shows the traffic-light rating of each check with your building's real data, then move to the Essential report (€11) or the Complete report (€19), as a PDF within minutes, one-off payment, no account needed.

Location and money: points 11 to 13

11. Location risks. What: whether the plot is in a flood zone, whether the ground is moving, the municipality's radon zone, seismicity, noise and nearby industry or forest. Where: official viewers such as Spain's national flood-zone mapping system (SNCZI) or noise maps, or a report that gathers them. Who: you, before agreeing a price. 12. Reference price. What: compare the asking price with public data for the area and with the Catastro reference value (valor de referencia), which is the minimum tax base for the purchase.

According to the Catastro, if the declared price is below the reference value, the tax is calculated on the reference value. Where: the Cadastre's online office, after identifying yourself. 13. Buying costs. What: transfer tax (ITP, whose rate each region sets), notary, Land Registry and, if used, a gestoría (admin agency) and mortgage costs. Unless agreed otherwise, the seller pays for executing the deed and the buyer for the first copy and later steps (article 1455 of the Civil Code). Who: you, with your lawyer or bank.

The arras contract: points 14 and 15

14. Which type of arras you sign and what it says. What: whether they are the penitential arras of article 1454 (which let either side withdraw by losing or returning double the deposit) or another type; the amount; the deadline for the deed; what happens if the bank refuses the mortgage; that charges on the nota simple are cancelled at completion; and who pays approved levies. Who: an independent lawyer, ideally one who reads the contract in your language as well as in Spanish.

15. Who signs and whom you pay. What: every owner listed on the nota simple signs (or someone with a valid power of attorney), and the deposit goes by bank transfer to an account held by an owner, never in cash or to a third party without written authorisation. Where: the nota simple from point 1. Who: you. With all 15 points ticked, the arras stops being a gamble and becomes an informed decision.

Limits of this checklist

This list organises what you should know before committing money, but it does not replace a lawyer's advice on the contract or the notary's review of the deed. Nor does it replace an on-site technical inspection of the building: records show what has been declared, not what is inside a floor slab.

If a point has no answer, note it as «no data» rather than assuming it is fine. A missing document is a question for the seller, and an unanswered question before the arras is a good reason to wait or to add a written condition to the contract.

Frequently asked questions

What happens if I sign the arras and then pull out? With penitential arras you lose the deposit; if the seller withdraws, they return double (article 1454 of the Civil Code). That is why the checklist comes first.

Does the nota simple show debts with the owners' association? No. It describes the property, the ownership and registered charges; community debts are proven with the secretary's certificate required by the Horizontal Property Act.

Who requests the community debt certificate? The seller, from the property manager or secretary, who must issue it within seven calendar days. Without it the deed cannot be signed unless the buyer expressly waives it.

Can I do this checklist from abroad? Most of it, yes. Catastro data, the energy rating and location risks are online, and a HOUSINGFAX report gathers them in minutes; the nota simple can be ordered online, and a local lawyer can collect the community papers.

Does it apply to a detached house? Yes, except the community points when there is no owners' association. For a detached house, the plot, the ground and location risks weigh more.