Catherine Moye/telegraph.co.uk

If you're buying property in the sun, be sure to get the best advice and keep scouring the small print, as problems can be costly. Catherine Moye reports

David Robinson and Rosie Drew had hoped they would now be enjoying the good life in their restored Spanish ruin. But they are not. Their painful brush with local property law is a cautionary tale for anyone thinking of buying property in Spain.

A few years ago, David and Rosie were looking for a home in southern Spain. They ventured to Andalusia's countryside, where plots and old ruins were for sale at reasonable prices.

"A British estate agent in Mijas showed us some properties and we chose one that looked ideal," says David. "It had a ruin, which was important for planning permission, so we went ahead and bought it for €56,000 (£38,900)."

The agent introduced the couple to a lawyer friend on the coast. They paid a 10 per cent deposit but were never told that all was not well with the title deed.

Unfortunately for David and Rosie, their lawyer had little experience of working in inland Spain. Only on the day of completion were they told that the title deed referred only to land. The ruined house had never been registered and therefore, to all intents and purposes, did not exist. Assured that this could be resolved easily and warned that they would lose their deposit if they failed to complete, the couple signed.

But more problems cropped up. "It turned out that the land was not the 1,500 sq m described in writing but a mere 897 sq m," says David. The importance of this is that Spanish laws limit the size of any dwelling according to the size of a plot. Theirs was too small to build on. Consequently they became the owners of a useless piece of land.

"Unwittingly, David and Rosie made every mistake in the book," says Barbara Wood of the Property Finders, a buying agency specialising in Spain. "It's a common trap to fall into, using a British estate agent who is neither registered nor licensed but above all who doesn't speak Spanish. Without the language, they are incapable of checking things out properly or instructing Spanish lawyers."

David offers this advice: "Always make sure the deeds are translated into English. That way you can question the solicitor and make sure the deeds reflect what you think you are buying."

The couple's case is far from unique. Peter and Avril Hicks from Caterham found, in late 2001, what they thought was an idyllic spot - 14 acres of land about 30 miles north of Malaga. But they reckoned without the intervention of their British estate agent.

The agent recommended a lawyer and the purchase went ahead a year later. The Hicks spent £10,000 in architect's fees and planning applications on their proposed house only to have planning permission rejected in 2003. "The agent had led us to believe this was a mere formality," says Avril. It turned out that the land was not only agricultural, but was also within a nature reserve, making planning approval extremely unlikely.

Michael Soul, a lawyer who has practised in Spain for many years, cautions against using any estate agent without a reputation to lose.

"Anyone can become an estate agent on the Costa del Sol. It's an occupation that's going to prove attractive to the most scurrilous of individuals."

Even if you are dealing with a well-known agent, be wary of using their lawyer. "If a lawyer receives 95 per cent of his work from a particular agent, he is not necessarily going to act in your best interests," warns Soul.

Whereas lawyers in Britain must be highly insured and professional bodies protect clients' interests, sorting out problems due to bad legal advice in Spain is complex.

Veronica and Edward Kitson, from Hertfordshire, came a cropper when they bought a two-bedroom apartment off-plan in a proposed development near Nerja in late 2001. Their agent also referred them to an English-speaking lawyer who sealed the €120,000 deal.

A year after it was due for completion, the developer was in trouble and construction work ceased. As their lawyer had failed to ensure that the developer had the necessary insurance, they were unable to claim against the developer and lost their deposit. Obtaining redress for the lawyer's negligence is proving difficult.

"When buying in Spain, many problems boil down to lack of common sense," says Soul. "Our ABC has to be learnt all over again."

Making sense of Spanish practices

• Be at least as careful as you would be buying in the UK. Owning a home abroad is fun but that is no excuse for not treating the purchasing very seriously. Take professional advice at every stage.

• Only use a reputable, certified estate agent, and preferably qualified in the country of residence or Britain.

• Get an independent lawyer fluent in the local language and English. If possible, use one recommended by a friend and talk to some of his clients. Never use lawyers allied to an agent. Instruct your lawyer carefully. Make sure he/she understands what you expect to be buying and do with your property.

• Get a survey from a qualified, independent, chartered surveyor.

• Only buy off-plan from reputable developers with a good track record and completed work you can inspect.

• Expect the contract to contain clauses governing time of delivery and, most importantly, a bank guarantee or insurance policy covering the developer against non-completion. You can claim against that insurance if things go belly up.

Buying inland

The regional government controls its own planning system. Make sure the plot is not classified "rural agricultural" because this cannot be built on. On a plot of less than 1.2 acres you can build a house with a 40 sq m living area. Between 1.2 and 2.4 acres you are allowed to use 3 per cent of the area for living space. Over 2.4 acres you are reduced to a 2.4 per cent. If venturing off the beaten track, use a buying agent.