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Selling a property in Spain

A simple sellers guide

Before selling a property in Spain, it's crucial to familiarize yourself with the selling process. It may be quite different from the process in your country.

In Spain, a Notary doesn’t follow the process of the sale so it is essential to be assisted by a legal representative who will ensure that the process is undertaken properly, and it legally complies with Spanish law. It is advisable that it is situated in the same location as your property.

Proadner Logo
, our legal department, can assist you in selling. For more information contact our legal service at [email protected] (It is recommended to take a solicitor if this property is outside the urban center - in the mountains for example).

Essential Documents to provide when you sell a property:

  • Copies of passport(s) of the owner(s), NIE(s) (…or residency(ies)  
  • A copy of your title deeds ("escritura").
  • A "nota simple" issued within the last three months proving your property is legally registered at the local Land Registry.
  • Receipts confirming your annual property tax (IBI & Basura) is paid up to date (and community fees, if applicable).
  • Proof of recent utility bill payments (water, electricity, gas).
  • Energy Performance Certificate. 
  • License of 1st occupancy

Your legal representative will guide you through the Spanish selling process: 

  • Confirming the situation, title, etc. of your property.
  • Checking the private contract with the buyer’s solicitor
  • Preparing the payment plan and necessary documents to execute the sale title deed 
  • Assisting you with the final signature of the sale's title Deed at the Notary Office: 1/ Canceling the existing charges and mortgage. 2/Paying your corresponding taxes/fee (Capital Gain tax, Plus Valia & Estate Agent). 3/Organizing the transfer of the funds to your account (in Spain or your country as per your instructions)

IMPORTANT: If you can’t be present, he/she will arrange a Power of Attorney in order to sign on your behalf. 

The legal representative's role is essential in this transaction. For more information contact our legal department PROADNER directly at [email protected]

SALES PROCESS

Once a buyer is found, a deposit is requested (usually € 3.000) and his representative has approximately 3 weeks to check the paperwork of the property and raise a private contract. During that period the property is OFF the market.

PRIVATE CONTRACT AND COMPLETION PROCESS

At the signature of this contract you receive 10% of the price (minus the € 3.000 reservation). At this stage, the completion date is set, which must be mutually agreed upon, usually 1 to 3 months, depending on the buyer's situation (cash purchase or requiring a mortgage).

If you have a mortgage, notify your bank about cancelling it. On the day of completion, the "certificado de deuda" from your bank is required. It will show the exact amount required to settle the mortgage. This document must be presented to the notary and the amount paid that day (deducted from the sale’s price).

Completion takes place at the notary's office in Spain and all owners listed on the "escritura" must be present to sign. If any owner cannot be present, they must issue a power of attorney ("poder") to allow another designated person, usually their legal representative, to sign on their behalf.

The sale/purchase title deed will be translated for you by your legal representative within the notary's office. You will then sign for the sale in front of the notary and receive the balance of the price.

TAXES /FEES

As a seller, you are responsible for paying the Estate Agent fee, the "Plusvalía " (local tax) and your Capital Gain Tax which is 19% of the gain for non-Spanish residents. Your legal representative can help you to estimate/present and pay this tax.

PROADNER can represent you through the Spanish selling process and make sure that you are selling your property entirely legally. Do not hesitate to contact us at [email protected]

Sellers frequently asked questions

A legal representative's role is essential in this transaction. Please don't hesitate to contact us if you have further questions.
Yes, it is essential to ensure the paperwork of the property is free of charges before signing the private contract. Also your legal representative will assist you at the notary and will check that all the taxes are paid on selling your property.
He/She can be a property manager, an administrator of properties... However, when you sell outside of the urban area, it is advisable to take a lawyer. Above all, it is important that this representative is based in the area of the property and that you can understand him/her perfectly.
The Notary authenticates the title purchase/sale. He verifies the authenticity of the certificates provided by the buyers/sellers legal representatives (certificates obtained to ensure that you sell a property free of any charge ...) and prepares the signature of the deeds.
In Spanish only. Your legal representative will translate and assist you when signing the title.
Yes, buyers and sellers must be present. If they can’t, they must sign a Power of Attorney to their representative or someone else to sign on their behalf.
When you have signed the sales private contract and you know the date of the final signature at the notary it is time to contact your bank and apply for a debt certificate (certificado de no-deuda). On that certificate you will know the exact amount to be paid on completion, at the notary. This amount will be deducted from the sales price and given to the bank in front of the notary. Don't forget that you will be responsible for paying the fees corresponding to this cancellation (Notary and Land Registry fee).
It can be made by transfer or Spanish bank draft (only if you have a Spanish account). Your legal representative will help you to transfer the funds to your country.
Taxes: The sellers must pay a municipal tax called 'Plusvalia' and their Capital Gain Tax (CGT). This CGT for non spanish resident is 19%. Part of this tax can be reduced with your previous purchase costs. Your representative will help you to calculate/estimate this tax. Costs: the sellers are responsible to pay the Estate Agent and all fees to cancel charges, mortgage cancellation (Notary and Land Registry), etc...
When you sell a property there is no need to cancel the utility contracts (water / electricity / internet) as the buyer will just put it in his name and provide his bank details to the corresponding companies.