Buying safely · Torrevieja and Orihuela Costa
Buying safely in Torrevieja
Before you sign and pay a deposit: how to check that the home is free of encumbrances and not illegal, what an AFO property is, and how not to fall for a scam. A local, independent guide so you buy with a clear picture.
Updated 4 Jul 2026 · checks before you sign
Updated: 4 July 2026
This is a local, independent guide to buying a home in Torrevieja and Orihuela Costa without nasty surprises. We are not selling you a house: we explain what to check before you sign and pay a deposit, so you decide with sound judgement and know exactly what you are buying.
The legal information you will find here is for general guidance and is meant to help you understand the process. To review your specific case (charges, planning situation, contract) it is best to rely on a lawyer or a property adviser. In each section we remind you when to consult a professional. If you prefer to start at the beginning, the rest of the guide is on the home page.
How do I check that a home in Torrevieja is free of encumbrances and not illegal before buying?
Request an up-to-date nota simple (property record extract) from the Land Registry: it tells you who the registered owner is, what charges there are (mortgage, attachments, easements) and how the property is legally described. Check that the owner matches, that the charges have been cleared, and that the description fits the real home. When in doubt, consult a lawyer.
Request an up-to-date nota simple, less than three months old, from the Land Registry (Registro de la Propiedad).
Verify ownership: whoever is selling to you must be the person listed as the owner.
Review each charge and its status: what it is, in whose favour, and whether it is in force or being enforced (mortgage, attachments, provisional entries (anotaciones preventivas), easements, tax liens).
Check that the legal description (surface area, layout, location) matches the real home.
Ask the chair or the administrator for a certificate confirming the property is up to date with the homeowners' association (comunidad) fees.
Request the occupancy certificate (cédula or licencia de habitabilidad).
Cross-check that the Cadastre (catastro) matches what you are buying.
A nota simple that is more than three months old may not reflect recent charges. Request an up-to-date one before closing.
The nota simple is informative. The registrar's certification (certificación registral) is public and carries legal weight: it is signed by the registrar. If you need full certainty about a specific charge, request it and consult a lawyer.
What is an AFO property in Torrevieja, and is it worth buying?
AFO stands for Asimilado Fuera de Ordenación ('assimilated to out-of-plan status'; the declaration is the DAFO, the certificate the CAFO), but this is the Andalusian term. In the Valencian Community (Comunitat Valenciana) the equivalent regime is the 'out-of-plan' (fuera de ordenación) and territorial-impact-minimisation status under the LOTUP (Legislative Decree 1/2021). In both cases it recognises a home built on rural land (suelo rústico) without a building permit or a first-occupancy licence, which has existed for a long time and can no longer be demolished. It is not a legalisation: it recognises that the house exists and allows limited use.
| Concept | What it means |
|---|---|
| What it recognises | That the home exists, with limited use, access to basic utilities and registration at the Land Registry. |
| Land requirement | Ordinary rural land (suelo rústico común), neither protected nor publicly owned. |
| Condition requirement | Minimum safety and habitability conditions. |
| Age requirement | Established use, demonstrable over time. |
| Limitations when buying | It does not allow extending or modifying the property; financing is difficult (many banks will not grant a mortgage); buildings exposed to hazards (landslides, flooding) cannot obtain an AFO. |
You can buy a property with an AFO, but it is wise to verify that the AFO or the CAFO genuinely exists and to accept its limits: you will not be able to extend it and you may not get a mortgage.
Discuss the specific case with a planning lawyer (abogado urbanista).
How do I avoid scams when buying a home in Torrevieja?
Check ownership at the Land Registry with a nota simple before handing over any money or details. Never pay a deposit without a validated deposit contract (contrato de arras). Be wary of a price that is too low, of pressure to be paid, and of anyone who will not show the documentation. Always pay through traceable channels.
Verify ownership at the Land Registry (nota simple) before paying or giving your details.
Do not hand over any deposit without a deposit contract (contrato de arras) reviewed by a lawyer.
Be wary of a price well below market.
Be wary of pressure to be paid quickly and of any refusal to show documentation.
Pay through traceable channels: an escrow account or a bank transfer. Never in cash or outside official channels.
Buying from outside Spain? The checks are the same, but it is worth adding a lawyer who speaks your language. We cover this in the guide to buying in Torrevieja as a foreigner.
What should the deposit contract (contrato de arras) include?
The deposit contract (contrato de arras) puts the sale commitment and the deposit you pay in writing. It should set out the details of the parties and the property, the total price, the amount paid as a deposit, how the balance will be paid, the deadline for signing the deed, and what happens if either party does not sign.
| Should include | Why it matters |
|---|---|
| Details of the parties and the property | Identifies who is buying, who is selling and exactly which property is being sold. |
| Total price | Locks in the sale amount, with no surprises later. |
| Deposit paid | Records how much you pay up front and that it counts towards the price. |
| How the balance is paid | Sets out how and when you will pay the remainder. |
| Deadline for signing the deed | Sets a deadline for signing before a notary. |
| Consequences of not signing the deed | Defines what each party loses if they pull out. |
Before you sign and hand over the deposit, have a lawyer review the contract.
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Frequently asked questions about buying safely
Updated: 4 July 2026
How do I check that a home in Torrevieja is free of encumbrances and not illegal before buying?
Request an up-to-date property record extract (nota simple) from the Land Registry (Registro de la Propiedad), less than three months old. It tells you who the registered owner is, what charges affect the property (mortgage, court-ordered attachments, easements or tax liens) and how it is described. Check that the registered owner is the person selling, that any charges have been cleared, and that the surface area and location match the real home and the Cadastre (catastro). The nota simple is informative; the registrar-signed certification (certificación registral) is the one that carries legal weight. Before closing, rely on a lawyer.
What is an AFO property in Torrevieja, and is it worth buying?
AFO stands for Asimilado Fuera de Ordenación ('assimilated to out-of-plan status'; DAFO is the declaration, CAFO the certificate), but this is the Andalusian term; in the Valencian Community (Comunitat Valenciana) the equivalent regime is the 'out-of-plan' (fuera de ordenación) and territorial-impact-minimisation status under the LOTUP (Legislative Decree 1/2021). It recognises a home built on rural land (suelo rústico) without a building permit or a first-occupancy licence, which has stood for a long time and can no longer be demolished. It is not a legalisation: it recognises that the house exists, allows limited use, access to basic utilities and registration at the Land Registry, but it does not allow you to extend or modify it, and many banks will not grant a mortgage on it. It can be bought, provided you verify that the resolution genuinely exists and accept its limits. Consult a planning lawyer (abogado urbanista).
How do I avoid scams when buying a home in Torrevieja?
Check ownership at the Land Registry (Registro de la Propiedad), with a nota simple, before handing over any money or your personal details. Never pay a deposit (señal) without a deposit contract (contrato de arras) that has been reviewed by a lawyer. Be wary of a price well below market, of pressure to be paid quickly, and of anyone who refuses to show the documentation. Always pay through traceable channels, such as an escrow account or a bank transfer, never in cash or outside official channels. When in doubt, have a lawyer review the transaction.
What should a deposit contract (contrato de arras) include?
The deposit contract (contrato de arras) should set out the details of the parties and the property, the total price, the amount you hand over as a deposit, how the balance will be paid, the deadline for signing the deed (escritura) before a notary, and the consequences of not doing so. It is the document that puts the commitment in writing before the sale, so it is advisable to have a lawyer review it before you sign and hand over the deposit.
Sources
- Charges, ownership and nota simple extracts: the Land Registry (Registro de la Propiedad) and the Association of Registrars (Colegio de Registradores).
- Out-of-plan status and territorial-impact minimisation in the Valencian Community: the LOTUP (Legislative Decree 1/2021). The AFO/DAFO/CAFO terminology belongs to Andalusia's planning legislation, not the Valencian one.
- Deposit contract and scam prevention: property lawyers specialising in sales and purchases.