What Should Be Checked Before the Notary Appointment

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What Should Be Checked Before the Notary Appointment

The notary appointment represents the formal completion of a property purchase, but it does not replace a thorough legal and technical review of the property. On Ibiza, buyers often underestimate the importance of preparation prior to signing. The notary’s role is primarily to ensure the formal legality of the transaction, not to assess planning compliance or commercial risks.

One of the first aspects to verify is ownership. It must be clearly confirmed that the seller is the registered owner in the land registry and legally entitled to sell the property. At the same time, any encumbrances such as mortgages, easements or rights of way should be identified. These must either be removed before completion or clearly addressed in the purchase contract.

The planning and building status of the property is equally important. All buildings, extensions and ancillary structures should have valid permits or be legally compliant. Unauthorised constructions can result in fines, restrictions on use or complications when reselling the property. A careful review of building licences and legal documentation is therefore essential.

Another key point is ensuring consistency between documentation and reality. The information in the land registry, cadastral records and the physical condition of the property should align as closely as possible. Discrepancies are relatively common on Ibiza but should be clarified before completion, as they may affect value, usability and future legal procedures.

In addition, buyers should review any outstanding costs or obligations. These may include property taxes, municipal charges, utility contracts and, in the case of apartments, unpaid community fees. The purchase contract should clearly define which costs are borne by the seller and which by the buyer.

Finally, the purchase contract draft itself must be carefully reviewed. Terms relating to price, payment schedules, handover dates and liability should be precise and transparent. Proper preparation before the notary appointment reduces risk and ensures a smooth transaction.