What documentation to request before signing a deposit agreement (contrato de arras)
You have found a property that interests you, the price fits, and the agency asks you to sign quickly to prevent another buyer from getting ahead. At that moment, it is common to receive a draft contract accompanied only by a nota simple (land registry extract) and some receipt. However, before handing over a significant amount of your money, you should thoroughly know the real situation of the property and the building.
The deposit agreement (contrato de arras) is not a simple formality to reserve a flat. Although it is not mandatory by law, from the moment it is signed, it generates drastic legal obligations for both parties. In fact, the Consejo General del Notariado (General Council of Notaries) strongly recommends getting informed and performing an exhaustive check before buying a home or handing over money.
Below, we explain in detail what documentation before signing arras you must demand from the seller and what key aspects you need to cross-check in each of them.
1. Updated Nota Simple from the Property Registry
The nota simple is the key document when structuring a secure sale and purchase. You can request it yourself through the Colegio de Registradores (College of Registrars) portal or ask the seller for it. This document allows you to check:
- Real ownership: Who appears as the owner and if it matches the person signing the contract.
- Ownership percentages: What exact part belongs to each holder.
- Registry description: If the square meters and the description of the dwelling match reality.
- Charges and encumbrances: If it carries mortgages, judicial seizures, easements, usufructs, or disposal prohibitions.
- Linked annexes: If the parking space or storage room are included in the same property estate or are independent.
It is essential that the nota simple is recent (less than 30 days old). An old document will not reflect last-minute seizures or charges. Likewise, if the property comes from an inheritance, it is advisable to verify that the succession is correctly formalized and registered to avoid last-minute blockages at the notary's office.
2. Seller's Property Title Deed
Although the nota simple summarizes the legal situation, it in no way replaces the public deed of acquisition (sale, inheritance, donation, etc.). The deed helps you verify:
- The original acquisition method of the property.
- The exact participation quota within the community of owners.
- Possible community statutes incorporated into the title that restrict activities (such as tourist rentals).
- Detailed physical data and boundaries.
Cross-referencing the data from the property deed with the nota simple and the physical reality of the property is the first step of any rigorous real estate due diligence.
3. Cadastral information and latest IBI receipt
The cadastral reference identifies the property administratively before the Catastro office. You should request:
- The descriptive and graphic certification from the Catastro.
- The latest paid receipt of the Impuesto sobre Bienes Inmuebles (IBI) (Property Tax).
This documentary cross-check serves to detect discrepancies in surface area or uses between the Property Registry, the Catastro, and reality. A discrepancy in meters (very common in penthouses or single-family homes with extensions) can pose a serious problem for your mortgage valuation.
4. Documentation of cancellation of charges
If the nota simple reveals that the property has an outstanding mortgage, do not trust a verbal promise of cancellation. Before signing, you must demand documentation proving the status of that debt and set in the contract how to proceed to review and cancel registry charges before the day of the public deed.
You should request an outstanding balance certificate from the creditor financial institution and include specific clauses indicating whether a part of the price you pay will be allocated directly at the notary's office to the bank cancellation of said mortgage.
5. Certificate from the Community of Owners and latest minutes
You don't want to acquire a home and discover the following month that you must face a special assessment (derrama) of thousands of euros to repair the facade or install an elevator. Always ask for:
- The certificate of being up to date with community payments signed by the administrator/secretary.
- The minutes of the last meetings of owners (ordinary and extraordinary) from the last year.
- The annual community budget and the state of accounts.
The minutes of the owners' meetings are a mine of valuable information: they show coexistence problems, structural flaws under study, litigation with neighbors, or facilities in poor condition that have not yet been approved as official special assessments but will be in the short term.
6. Technical Building Inspection (ITE) and Certificate of Aptitude
If the building is more than 45 years old (depending on the autonomous community), it is required by law to pass the Inspección Técnica de Edificios (ITE). You must demand:
- The full ITE report drafted by the competent technician.
- The certificate of aptitude issued by the regional or local administration.
It is essential to know if the building has a favorable report or if, on the contrary, there are serious or very serious pathologies that require mandatory and immediate renovation works. To deepen this check, do not hesitate to learn how to check the building's ITE independently.
7. Occupancy Certificate (Cédula de habitabilidad) and Energy Efficiency Certificate
In communities like Catalonia, the presentation of a valid cédula de habitabilidad is an indispensable legal requirement to transfer the home and contract basic utilities.
Signing arras in Catalonia without ensuring the validity of the certificate (or even worse, in recently renovated commercial premises in the process of change of use that do not yet have it approved) entails a very high legal risk. Likewise, the energy efficiency certificate is mandatory throughout Spain to formalize the sale of the property.
8. Licenses, urban planning discipline, and authorized plans
The nota simple rarely directly reflects if a property is subject to an urban planning discipline file due to illegal construction (an unauthorized terrace enclosure, a loft, or an excavated basement).
Demand stamped plans and cross-check with the corresponding city council that substantial modifications to the home have their respective minor or major construction licenses and the corresponding first occupancy license.
9. Occupation status and rental contracts
The Ley de Arrendamientos Urbanos (LAU) protects the tenant even after the sale of a flat. If the property is rented, it is vital to request:
- The original rental contract and its respective annexes.
- Evidence of the security deposit in the official regional body.
- Monthly payment receipts of the rent.
- Express waiver by the tenant of their right of first refusal (tanteo y retracto), if applicable.
If the seller promises you that the property will be delivered without occupants, it must be specified in writing in the deposit agreement under heavy financial penalties.
10. Financial feasibility and mortgage impact
When you need mortgage financing to afford the operation, it is risky to sign a generic deposit agreement without protecting your money.
In the Civil Code of Catalonia, if you correctly configure the clause, you can fully recover the deposit delivered in case bank entities justify a refusal of the established mortgage. Make sure to properly state the minimum loan conditions, deadlines, and consequences in the arras clauses.
Have you already been sent a draft deposit agreement? At INMODOCS, we perform a comprehensive examination of all the legal documentation of the property and adjust the contract wording before you risk your capital. Analyze my operation before signing
11. Final draft of the deposit agreement
The complexity lies not only in collecting the ten previous points but in knowing how to pour all that information into the final clauses. Be very clear about the differences between reservation and arras.
In Catalonia, by default, confirmatory deposit agreements (arras confirmatorias) are presumed as a down payment unless explicitly agreed otherwise. If what you want is a bilateral withdrawal agreement (arras penitenciales) where you can back out losing what was delivered (or demanding double if the seller backs out), you must ensure they are explicitly drafted as arras penitenciales based on the Civil Code.
Summary Checklist: What should you have on the table before signing?
Frequently Asked Questions (FAQ)
Is it dangerous to sign arras without having all the documentation?
Yes, it is very risky. If you sign and later unaffordable charges, disproportionate assessments, or urban planning irregularities are detected, you will be forced to sign the deed or lose the deposited money if you decide not to proceed.
Does the real estate agency take responsibility for checking the documents?
Not in a legally binding way to safeguard your money. The agency's role is commercial intermediation. An independent review (due diligence) performed by real estate law experts is the only guarantee of protection 100% focused on your interest.
Is the nota simple enough to buy with total security?
No. The nota simple will not inform you about imminent special assessments from the neighbors' community, nor if the building has failed the ITE, nor if there are tenants with rental contracts off the record.
How much money is usually delivered in the deposit agreement?
It normally ranges between 5% and 15% of the property's sale price, with 10% being the most common standard percentage in the Spanish real estate market.
Before signing the deposit
If you are considering buying in Barcelona, read the full guide: Buying a flat in Barcelona without surprises.
Conclusion
Knowing exactly what documentation to request before signing arras gives you the necessary strength to negotiate the price, impose protective conditions, or terminate the negotiation before risking a large sum of money.
Take nothing for granted and do not let yourself be guided solely by the urgency of a sector with high commercial turnover. Before signing, make sure an independent professional validates that the home you want to buy is, indeed, the legal home they are selling you. A timely analysis saves headaches that could last for years.