A property purchase is not verified by one document. Different questions about ownership, the building, planning, community obligations and contracts require different checks.
Due diligence is a collection of checks
A property may look attractive and still raise questions about registered charges, physical condition, planning or community obligations. The correct approach is to match each question with the source that can answer it.
Keep a list of unanswered questions and the document or professional responsible for addressing each one.
Ownership and registered charges
Land Registry information, including an appropriate nota simple, can help establish the registered owner and recorded charges or rights.
It is an important starting point but not a universal certificate that every possible issue has been resolved. Check that the parties and property in the transaction match the documentation.
Catastro and surface areas
Cadastral records describe property for administrative purposes and may not coincide exactly with the Land Registry, physical layout or commercial measurements.
Compare the different descriptions and ask a qualified professional to investigate material discrepancies. Do not assume that one figure is automatically the correct usable area.
Planning and occupancy
Check relevant planning and occupancy information with the appropriate authorities and professional advisers, particularly where alterations or changes of use are involved.
The existence of a building does not alone answer whether every part or alteration has the relevant administrative status.
Owners’ community
For an apartment or home within a community, investigate charges, any outstanding community debts, known special assessments and the rules affecting the property.
Request the relevant community information and have the consequences reviewed. Major planned works can materially affect future costs.
Technical inspection
A legal title check cannot reveal every structural, damp, installation or maintenance issue. Consider an independent qualified technical inspection appropriate to the property.
Ask what is included in the inspection and which areas or systems could not be accessed. Follow up on significant findings before committing.
Contract and payments
Understand the reservation, deposit or private purchase contract before signing. Identify the parties, deadlines, amounts, conditions and consequences of non-performance.
If finance is essential, check the contractual position if the loan is not approved. Do not assume a contingency exists unless it is expressly included.
The notary and independent advice
The notary has an important role in formalising the deed and carrying out relevant legal functions. That does not mean the notary replaces every buyer-side investigation or adviser.
Independent legal, technical and tax professionals may be needed for different aspects of the transaction.
Checks by stage
Before reservation: verify the property identity, initial title information, material facts and the reservation terms. Before the private contract: resolve key documentary, planning, finance and community questions.
Before completion: confirm the final contractual and payment arrangements, the required documents and any changes since the earlier checks.
Match each question to the right source
Ownership and registered charges call for Land Registry information. The property’s physical description may require comparing registry, cadastral and actual measurements. Planning and occupancy questions may require municipal information and specialist review.
Building condition is a technical matter. Community charges and planned works require relevant owners’ community documentation. Contractual consequences need legal analysis. No single document or professional can automatically answer every question.
Build a two-column table headed WHAT MUST I KNOW and WHO OR WHAT CAN CONFIRM IT. This prevents a reassuring but incomplete document from ending the investigation too early.
Physical measurements and legal descriptions
A listing may describe constructed area, usable area or a figure including common elements. These are not interchangeable. Ask exactly which measurement is being quoted and how it is supported.
Compare the commercial description with plans, cadastral records and Land Registry information as appropriate. Material discrepancies may require a technical or legal professional to explain their significance.
For a home with a terrace, parking space or storage room, confirm the legal status and identification of each element rather than assuming the advertised description is definitive.
Questions specific to an owners’ community
Ask for relevant information about ordinary community fees, outstanding debts, special assessments, major works and applicable rules. A low current fee does not establish that future costs will remain low.
Consider whether common areas, lifts, facades, roofs or pools are due for work. The condition of shared facilities can materially affect the cost of ownership.
Have your adviser check which documents are needed and what assurances or certificates should be obtained before completion.
Three decision gates
Before reservation, establish that you understand the property, the seller, the price and the consequences of paying. Before a binding private contract, resolve the most important title, planning, physical, community and finance questions.
Before completion, confirm that the transaction documents, payments and property status are consistent with what was agreed and that any outstanding issues are addressed.
Keep a dated record of who confirmed each point. If a material question remains unresolved, make a deliberate decision about whether to proceed rather than treating silence as confirmation.
A concrete example of conflicting records
Imagine that a listing advertises a particular surface area, the cadastral record shows another and the Land Registry describes the property differently. None of these differences should be dismissed automatically, but neither does every discrepancy prove wrongdoing.
Ask which measurement each document uses and whether terraces, common elements or alterations are involved. A qualified technical or legal professional can explain whether the discrepancy affects the transaction, finance or future use.
Do not substitute an estate agent’s interpretation for an appropriate professional assessment where the difference is material.
Planning, alterations and actual use
A room being physically present does not prove that its construction or change of use has the relevant administrative status. This can matter where terraces have been enclosed, rooms altered or a property marketed for a use that needs separate checks.
Request information from the relevant municipal and professional sources as appropriate. If you plan further work, investigate permissions before assuming the changes will be straightforward.
A technical inspection and a planning review answer different questions. Both may be needed when a property’s configuration is central to the purchase.
How to organise independent professionals
A lawyer can review the contract and relevant legal documents, while a technical professional may investigate building condition and physical discrepancies. Tax advice may be needed to calculate obligations specific to the buyer.
Ask each professional to define the scope of the engagement and the questions they will answer. A generic statement that ‘everything is fine’ is less useful than a written record of checks completed and matters excluded.
Maintain one outstanding-issues register with the issue, responsible person, evidence requested and deadline. Resolve material items before the next binding decision point.
What a nota simple can and cannot establish
A nota simple provides Land Registry information relevant to registered ownership and recorded rights or charges. It is an essential source for many purchases, but it does not replace a technical inspection or planning investigation.
Check that the identity of the registered property corresponds to the home being sold and that relevant charges or limitations are understood. Ask a legal professional to interpret anything unclear.
Do not assume that a favourable registry result proves the physical state of installations, the absence of community liabilities or the status of every alteration.
Why the stage of the purchase changes the checks
Before a reservation, identify the property and seller, understand the deposit and clarify material concerns. Before a private contract, investigate the title, planning, community, finance and physical condition to the extent relevant.
Before the public deed, confirm that the transaction still matches the agreed terms and that outstanding documentation and payments are ready. Changes between stages may require further checks.
Keep an issue register with a source, responsible professional, deadline and decision. A checklist is useful only when unresolved matters are actively followed through.
What to review before a reservation payment
Confirm who is selling, which property is being offered, what the price includes and what the reservation actually requires. Ask for initial registry information and identify any obvious inconsistencies in the advertised description.
Do not confuse an initial screening with full due diligence. If a material issue cannot be resolved before the reservation deadline, seek advice on whether and how the contract can address that uncertainty.
What to review before the private contract
Investigate registered ownership and charges, relevant planning and occupancy information, cadastral and physical descriptions, owners’ community obligations and the property’s technical condition as appropriate.
Ask how the transaction will proceed if finance is delayed or refused. Identify the consequences of missing contractual deadlines. Record each material issue and the evidence required to close it.
What to review before the deed
Check that the property, parties, payments and agreed terms remain consistent with the completed investigations. Ask your adviser whether any documents or searches should be updated because circumstances may have changed.
Prepare a final checklist for payment, signing, taxes and registration. A well-organised file helps distinguish an issue genuinely resolved from one that was simply forgotten.
A practical checklist
List ownership, charges, surfaces, planning, community, physical condition, contract, finance, tax and completion documents. Mark each CONFIRMED, PENDING or NOT APPLICABLE.
Do not allow a positive answer in one category to hide an unresolved issue in another.
This guide provides general information and is not a substitute for independent legal, tax, financial or technical advice. Verify current rules and the documents for the specific transaction.
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