Buying property on the Costa Blanca —
the legal checklist

Why the Costa Blanca is different

The Costa Blanca — roughly the coast of Alicante province, from Dénia in the north to Pilar de la Horadada in the south — has been the destination for foreign property buyers in Spain since the 1960s. The result is a property market with decades of sedimented paperwork, a mix of villa, apartment, and urbanisation stock, and a set of specific issues that don't exist in, say, central Valencia or Barcelona.

The issues cluster around three themes: unauthorised construction, municipal licensing irregularity, and coastal proximity. Any Costa Blanca due diligence should address all three.

Unauthorised constructions

Inland Alicante has a long history of houses being built on rural land without proper licences. These are called variously viviendas ilegales, AFOs (Asimilados Fuera de Ordenación, in some regions), or simply unregistered builds.

The typical pattern: rural land (suelo no urbanizable) was bought cheaply, a house was built on it without planning permission, and then the owner quietly occupied it for long enough that the statute of limitations on municipal enforcement expired — in Valencia region, usually 15 years for minor infractions and indefinite for buildings on protected land.

For a buyer, the questions are:

• Is the house properly registered and licensed? Or is it declared in a "limited" form?
• If it's unregistered, is it fuera de ordenación (outside the plan but tolerated) or ilegal (still subject to enforcement)?
• Can you get a mortgage? Most Spanish banks will refuse to lend against a fuera de ordenación property with any ambiguity.
• Can you insure it? Can you connect utilities on a regular contract?

How to check

Compare the Nota Simple description of the building to the Catastro record and any physical reality you can observe. Ask for a cédula urbanística or a certificado urbanístico from the municipality — this states whether the property complies with planning. Request the licencia de obra (building licence) and the licencia de primera ocupación (first occupation licence). If any of these are missing or can't be produced, escalate the investigation.

Licencia de primera ocupación (LPO)

The LPO — Licencia de Primera Ocupación, sometimes called cédula de habitabilidad — is the municipal certificate that says the property is legally habitable. It is issued after construction, after final inspections, and it is what utility companies require to give you a normal supply contract.

In the Valencia region, properties built before around 1990 may not have an explicit LPO on file. The older practice was implicit: if the building permit was granted and the works completed, occupation was assumed. Modern banks and buyers expect an explicit LPO or equivalent.

If your target property is post-1990 and has no LPO, ask why. If it's pre-1990, a certificado de antigüedad or cédula de segunda ocupación should be obtainable from the town hall.

The Coastal Law (Ley de Costas)

The Ley de Costas (1988, amended 2013) defines a public domain along the entire Spanish coastline. Inside that zone, private property rights are limited. Outside but adjacent, there are setback restrictions on what can be built.

Two zones matter for buyers:

• Dominio público marítimo-terrestre — the 6-metre-plus band from the high tide line. This is state property. Any structure inside it is technically a concession.
• Servidumbre de protección — a 100-metre band inland from the high tide line (reduced to 20 metres for properties already urbanised before 1988). New construction in this band is restricted; existing buildings can usually remain but cannot be expanded.

If you're buying a beachfront property, a coastal property, or a property very close to the sea, check whether it sits on a concession (a time-limited right that reverts to the state, not full ownership) or within the protection setback.

Planning classification — urbana vs rústica

We covered this in our Nota Simple guide, but it's especially important on the Costa Blanca. Large areas inland of Dénia, Jávea, Moraira, and Calpe are classified rústica — rural land. Homes legally built on rústica have significant limitations:

• Maximum built area is restricted (in Valencia region, often 1% of plot size).
• No new urban uses permitted without reclassification — which almost never happens.
• Mortgage financing is harder; some banks don't lend against rústica at all.
• Short-term rental licences may be unavailable.

Municipality-by-municipality notes

Dénia

Large inland rústica zones; Montgó Natural Park borders the town with building restrictions. Older coastal stock sometimes has incomplete LPO paperwork.

Jávea / Xàbia

Significant inland rústica, many properties with unregistered pools or additions. The 2013 PGOU update resolved some historical issues but not all. Always request a current certificado urbanístico.

Moraira / Teulada

Predominantly villa market. Historic undeclared pools and extensions. Verify the registered surface matches reality.

Calpe

Urban apartments are generally clean; villa zones on the hillsides have the usual rústica issues. Old Peñón de Ifach-adjacent properties may have coastal law constraints.

Altea

Historic centre properties are mostly in order. Older hillside villas may have declared-by-antiquity status rather than full licensing. Sierra de Bernia area includes heavily rústica land.

Benidorm

High-rise apartment stock, mostly well-documented but with a high turnover of short-term rental arrangements — check whether the property has a tourist licence (licencia turística) if you plan to let it.

Alicante city

Urban apartments; central issues and risks are lower than in the peripheral towns. Pay attention to older buildings' ITE (technical building inspection) status.

Torrevieja and surroundings

Heavily built-up coastal urbanisations, often from the 1970s-1980s boom. Community-of-owners debt and derramas are a real risk given the age of infrastructure. Always request the last two years of community meeting minutes (actas).

The Costa Blanca checklist

1. Nota Simple — current, within 30 days, all sections reviewed.
2. Catastro cross-check — surface and use match the Registry.
3. Classification — urbana, not rústica (unless you've gone in eyes open).
4. LPO / cédula de habitabilidad — on file and current.
5. Building licence — for all declared works, including pools and extensions.
6. Certificado urbanístico — from the municipality, confirming no enforcement proceedings.
7. Coastal law status — whether the property is within a concession, the protection zone, or outside.
8. Community of owners — administrator's certificate, last two years of actas, pending derramas.
9. Existing mortgage — certificate of debt from the bank, plan to cancel at signing.
10. Municipal debts — IBI certificate, no debt confirmation.

Verificar.ai runs this exact checklist on any Costa Blanca property you point us at. If you'd rather not chase ten documents across three institutions in Spanish, give us the property and we'll do it for you.