Legal due diligence for purchasing a country house in Catalonia without surprises
Cottage Properties verifies the legal status of each masia and rural property before accepting it into our portfolio. The process includes registry, cadastral, planning and heritage checks – including verification in the catàleg de masies i cases rurals. We only work with catalogued properties. With over 700 transactions in Catalonia since 2003, our team of agents, architects and solicitors identifies irregularities before they become problems for the buyer.
What legal checks do we carry out before accepting a property?
Cottage Properties does not list any property without verifying its legal status. These are the checks we carry out before a masia or rural property enters our portfolio.
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Title deed, registry entry and charges
Cottage Properties does not list any property without verifying its legal status. These are the checks we carry out before a masia, rural estate or singular property enters our portfolio.
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Cadastre and land registry
In older masias, the Cadastre and Land Registry rarely match. When we identify a discrepancy, we coordinate a survey by a technical architect, the preparation of a new title deed, notification to neighbouring landowners and re-registration of the property.
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Planning status and land classification
We review the land classification – most masias are located in sòl no urbanitzable. This classification determines the permitted uses and works that can be carried out. We verify this before the buyer assesses the property's potential.
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Catàleg de masies i cases rurals
If a masia does not appear in the municipal catalogue, it cannot be legally rehabilitated nor considered a habitable dwelling. The catalogue is closed – no new properties can be added. Cottage Properties only works with catalogued masias.
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Habitability certificate and energy performance certificate
The habitability certificate confirms that the property meets the minimum habitability conditions required by Catalan regulations – it is mandatory to formalise the sale before a notary. The energy performance certificate is compulsory for any property to be sold or let, in accordance with Royal Decree 390/2021.
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Unregistered buildings and discrepancies
Agricultural outbuildings, sheds, extensions without registration – irregularities are common in masias. We verify that all buildings are registered and that the actual floor area matches the official documentation. If it does not, we coordinate regularisation prior to the sale.
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Access tracks, water and utilities
Every rural property requires a legally recognised access track in order to obtain a rehabilitation permit. We verify the existence of access, the connection to the water network or the legalisation of the well, and the availability of electricity.
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Operating licences
If the property operates as a business – hotel, tourist accommodation, agricultural operation, events venue – we verify the validity and conditions of the relevant licence: hotel licence, registration with the Catalan Tourism Registry, agricultural activity licence or other applicable authorisations.
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Easements and boundaries
We review rights of way, third-party rights over the property and boundary discrepancies. These are common issues in older rural properties that can halt a sale if discovered too late.
Why the catàleg de masies changes everything
The catàleg de masies i cases rurals is the official register of the Generalitat de Catalunya that identifies all recognised masias and rural houses.
If a masia does not appear in its municipality's catalogue, it cannot be legally rehabilitated. It is not considered a habitable dwelling. If a buyer carries out works on an uncatalogued masia and the authorities discover this, they may receive a demolition order.
Cottage Properties only works with catalogued masias. It is the first check we carry out – and the one that rules out the most transactions.
If you wish to check whether a masia is catalogued, we have published a guide with direct access to the masia catalogues for 417 municipalities in Catalonia.
Legal issues we identified before it was too late
Every rural property has its own history – and it is not always the one the seller tells. These are real cases where our legal checks protected the buyer.
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Selling a rural masía after the first visit
This couple were searching for a property to rent out as a tourist investment in the Pla de l’Estany region, near the famous Estany de Banyoles. They wanted a charming masía — something that would appeal to visitors looking for peace, nature and proximity to outdoor activities.
They had spent weeks searching online but couldn’t find anything suitable. The properties on the market were either too far away or lacked the potential they had in mind. That’s when they contacted Àngels Sabater for a personalised consultation.
Cottage Properties had just the thing: an off-market, unique masía located in exactly the right area. It was the first property the couple viewed… and they didn’t need to see another.
They immediately fell in love with the estate and its investment potential. Finding such a specific kind of property in such a sought-after location isn’t easy — but Cottage Properties made it happen.
We found the masia of our dreams with Cottage Properties! The care and professionalism both from Pete and Angels was extraordinary. I recommend them 200%.
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Abandoned, million-euro castle sold to the perfect buyer
This 18th-century historic castle, located in Rupit (Osona, Barcelona), was a unique property: more than 1,200 m² built and 22 hectares of land, which once hosted more than fifty workers serving the owning family.
We managed the sale exclusively for the owner, who trusted in our expertise in rural heritage properties.
However, the estate represented a true challenge. It was almost two hours from Barcelona, required a full restoration, and had a sale price exceeding one million euros. In such a rural area, finding the right buyer was literally like looking for a needle in a haystack.
Even so, we succeeded. A prospective buyer discovered the listing on a property portal and expressed interest in developing a rural tourism project. Our co-director, Àngels Sabater, led the negotiations to achieve a sale close to the original asking price, with only a small reduction following technical inspections carried out with our restoration team.
A perfect example of how the visibility, specialisation and expert negotiation of Cottage Properties can turn a difficult sale into an outstanding success.
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Cottage Properties carries out a thorough review of each property before accepting it into its portfolio. The process includes verification of the registry entry, title deed and charges; checking for discrepancies between the Cadastre and Land Registry; review of land classification and planning status; confirmation of inclusion in the catàleg de masies i cases rurals; verification of the habitability certificate and energy performance certificate; review of unregistered buildings; checks on access tracks, water and utilities; and verification of operating licences and easements. We only list properties that pass this process.
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The risks range from documentary discrepancies that delay completion before a notary, to issues that invalidate the purchase altogether. An uncatalogued masia cannot be legally rehabilitated – and if works are carried out, the buyer may receive a demolition order. Unregistered buildings, undisclosed easements or the absence of a legal access track can turn an apparently attractive property into an asset with no residential value. The most serious problems are those that are not visible during a viewing.
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Without any difficulty. If the buyer has their own solicitor, we work directly with their legal team – sharing documentation, due diligence reports and verifications so that both parties are working with the same information. Our in-house property solicitor drafts the reservation contract, but if the buyer prefers their own solicitor to review or draft it, we facilitate the process as intermediaries.
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Before signing any commitment, the buyer receives the full results of our checks: an up-to-date registry entry, cadastral status, confirmation of cataloguing, planning status, floor area verification and a report on any irregularities identified. If the property requires rehabilitation, our sister company Cottage Architecture can prepare a free cost proposal before the buyer makes any commitment.
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It cannot be legally rehabilitated. The Generalitat de Catalunya closed the catalogue years ago and no new entries are accepted. A masia outside the catalogue is not considered a habitable dwelling – any works carried out without this cataloguing may result in a demolition order. Cottage Properties does not accept uncatalogued masias into its portfolio. We maintain our own register compiled from the official catalogues of more than 400 local councils in Catalonia.
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The most frequent are buildings not registered at the Land Registry – agricultural outbuildings, sheds, extensions, workers' cottages. Also common are floor area discrepancies between the Cadastre and the Land Registry, the absence of a habitability certificate, the lack of a legal access track, and unlegalised wells. Cottage Properties verifies each of these points before listing a property – not after finding a buyer.
Would you like to know the legal status of a masia in our portfolio?
All Cottage Properties listings have gone through our legal checks process before being published. If you would like to receive the full details – cataloguing, registry documentation, planning status and utilities – for a property you are interested in, request a consultation with Àngels Sabater.
