Licences and Certificates in Real Estate: legal protection for buying or selling in Spain
Buying or selling a property in Barcelona requires more than agreeing on a price: it requires verifying that mandatory licences and certificates (the Energy Performance Certificate — EPC, certificate of occupancy / cédula de habitability, the ITE, installation certificates, building and activity licences) are in order. The absence, expiry or incorrectness of such documents may result in fines, regularisation costs, difficulties in obtaining financing and loss of asset value. At ExLege Abogados we provide comprehensive legal advice that eliminates these risks and protects your transaction from the initial document review through to the notarial closing.
Why you should engage a specialised real estate lawyer
Verification of licences and certificates involves technical, administrative and case-law criteria that vary according to the municipality and the nature of the property. Our team combines legal expertise and practical local experience in Barcelona to turn potential problems into contractual and operative solutions. Retaining legal counsel means:
- Identifying risks that could give rise to significant costs.
- Translating findings into negotiable instruments (retentions, guarantees, deadlines).
- Preserving the viability of financing and the registration process.
- Preventing subsequent litigation and protecting the value of the investment.
What we offer
Our service is organised in clearly defined stages focused on practical outcomes:
- Expert document review. We analyse the relevant documentation (EPC, certificate of occupancy, ITE, installation certificates, municipal licences and certificates) to identify legal and administrative risks.
- Executive risk report. We deliver a concise report outlining legal implications and recommended options for negotiation.
- Drafting and negotiation of contract terms. We prepare specific clauses —document delivery obligations, resolutive conditions, retention/guarantee mechanisms, responsibilities for regularisation— to protect your position.
- Technical and administrative coordination. Where appropriate, we coordinate expert surveys and liaise with architects, engineers and municipal offices to obtain reports or regularise the situation.
- Support through to completion. We supervise that the public deed faithfully reflects the agreed terms and manage the final case file.
Benefits you can measure
Engaging our service delivers tangible advantages:
- Reduced economic risk: we prevent buyers from unexpectedly bearing regularisation costs.
- Greater certainty for financing: we minimise bank objections related to technical documentation.
- Stronger negotiating position: we convert detected problems into contractual guarantees that protect your investment.
- Time savings: we manage communications with experts, the notary and public authorities.
- Legal peace of mind: professional support until the transaction is closed.
Who this service is for
The service is designed for private buyers, investors, sellers who want to prepare the transaction, homeowners’ associations and developers who require contractual guarantees in off-plan sales or recent promotions.
Practical methodology
We operate with an agile, transparent process:
- Initial consultation and collection of documentation.
- Legal review and prioritisation of risks.
- Issuance of an executive risk report with mitigation options.
- Drafting of protective clauses and negotiation with the counterparty.
- Coordination of expert surveys where required and pre-closing review.
- Attendance at the notary and delivery of the final dossier to the client.
Representative cases
Examples of typical interventions:
- Sale with pending ITE: we agree a partial retention of the purchase price until the completion of works and negotiate with the homeowners’ association.
- Premises without an activity licence: we negotiate a timetable and regularisation terms backed by a financial guarantee for the buyer.
- Expired electrical certificate: we coordinate technical renewal, establish who bears the cost and agree on deposit of the balance until delivery.
Local trust
At ExLege Abogados we are familiar with the registry, municipal and notarial practice in Barcelona. This local expertise enables us to offer swift, context-sensitive solutions aimed at closing transactions securely.
How to start
We propose an initial document review with delivery of an executive risk report within a few days. That report will enable you to negotiate with clarity: set guarantees, establish deadlines or make an informed decision to withdraw.
Contact ExLege Abogados to request your review: write to
ExLege Abogados — Legal advice in Real Estate Law in Barcelona. Professional and confidential service.