Falling in love with an overseas property is easy, but it's vital to keep a cool head and commission a survey and searches on the property - or you could end up with a very expensive mistake on your hands.

There is much less of a tradition of house surveys in southern Europe than in the UK, and British buyers can encounter negativity from vendors on the basis that a house has been standing for several hundred years and should therefore be bought 'as seen'.

It is very rare for sellers to agree to a 'subject to survey' clause in purchase contracts; they are likely to insist on keeping the house on the market while the survey is carried out and you'll have to be a tough negotiator to secure a discount because of any faults you've found. Be firm, it's worth it.

In France, property law distinguishes between visible and hidden defects (vices apparentes and vices caches respectively). The seller is not obliged to disclose any faults with the property that you could have spotted for yourself; hidden problems must be disclosed, but in practice most sellers will try to get away without declaring them.

 Although there is no exact equivalent of a chartered surveyor in France, a professional called an expert immobilier can produce two types of report for you: a basic expertise, which is not dissimilar to the British homebuyer's report; or a bilan de sante, which is more like a full structural survey. If you have problems finding an expert immobilier who is local to where you're buying, or you wish to check out one you've heard of, contact the Chambre des Experts Immobiliers and peruse their database.

In Spain it is common practice to ask a builder to check out old properties before making an offer. Normally they will also be happy to comment on the proposed price and give a rough quote for any work that might need doing. A Spanish surveyor/architectural engineer (aparejador) can do a more in-depth survey for you; your estate agent or the local chamber of commerce should be able to recommend one.

In Italy you will need to engage the services of a geometra. This professional is like a cross between an architect, a surveyor, a master builder and - in the sense that he or she can also conduct searches on the property - a conveyancing solicitor. If you're renovating your property, finding a good geometra (and preferably one with good English) is vital as they can handle the whole project on your behalf. To find one, ask your estate agent or the local chamber of commerce; alternatively, check the register held at the provincial collegio dei geometri (there will be one in most major towns) or contact the Consiglio Nazionale Geometri.

Local and specialist estate agents should be able to advise on who best to employ to conduct surveys for you in other countries. Ask for details of qualifications, memberships and indemnity insurance. At the end of this article is a list of relevant professional bodies, which may also be able to provide lists of surveyors and/or offer advice.

There are now plenty of British surveyors who are based in Europe and cater for the holiday home market. It can be worth going down this route to cut out hassle and translation costs, but make sure that whoever you use is experienced in local building techniques and has indemnity insurance that is valid in the country in question. The Royal Institution of Chartered Surveyors holds a list of qualified surveyors practising abroad.

If you want more specific inspections, for example to check for insect infestations, you'll probably have to arrange and pay for these as an extra. Remember they could save you a fortune in the long run, especially as termites are fairly common in many parts of southern Europe.

Unlike in the UK, searches tend to take place after you've signed an initial contract that commits you to the purchase. It's therefore vital to ensure your lawyer anticipates everything that might be wrong with them, and inserts escape clauses into the contract accordingly.

At its most basic, the search must focus on the following details of the property. Firstly, the title deed, which confirms ownership of the property and determines whether there are any claims on it (including outstanding mortgages and rights of way). Secondly, the registered plan, to confirm exactly what you're buying. Thirdly, any planning issues, to check if there are restrictions on what can be done with the property and if existing work is in accordance with the regulations. Fourthly, local authority plans (to see if a motorway is about to be run past the end of your back garden); and fifthly, pre-emptive rights eg if you're buying in certain rural areas, farmers might have first call on buying property or rights to use land.

It is standard to request a credit search on the seller too, to establish facts like whether they've ever been declared bankrupt. Notaries should run their own searches in the days before completion to make sure the seller hasn't taken out further loans on the property etc (outstanding debt stays with the property rather than the individual owner).

To apply for planning permission, you will need to get in touch with the town hall and submit detailed plans through your architect or other appropriate professionals. Gaining approval on major projects can take up to three months.

 For further information, see Jeremy Davies' book, Buying Property Abroad, published by Which? Books; available price £10.99 from all good bookshops  

The Gurardian
Monday July 19, 2004