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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. This process may be quite different from what you're accustomed to.

We will guide you through the Spanish selling process and make sure that you are selling your property entirely legally. We are always there to support you throughout the process.

Essential Documents

  • Copies of residencia, passport, and NIE form of all the owners.
  • A copy of your title deeds ("escritura").
  • A "nota simple" issued within the last three months proving your property is legally registered.
  • Receipts confirming your annual property tax is paid up-to-date (and community fees, if applicable).
  • Proof of recent utility bill payments (water, sewage, electricity, rubbish collection).
  • Energy Performance Certificate. If you do not possess one, we can provide a specialist to obtain it.
  • License of 1st occupancy

Finding a Buyer

Once a buyer is found, a deposit is requested (usually € 3.000) and his representative has more or less 3 weeks to raise a private contract. 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.

Completion Process

The completion date is typically set between one to three months, depending on the buyer's situation (cash purchase or requiring a mortgage).

If you have a mortgage, notify your lender/bank about cancelling it. Usually, there is a 1% cancellation fee plus a fee to remove the mortgage from the property. On the day of completion, you or your lawyer need to obtain a "certificado de deuda" from your bank to show the exact amount required to settle the mortgage. This document must be presented to the notary before signing.

Completion Process

The completion date is typically set between one to three months, depending on the buyer's situation (cash purchase or requiring a mortgage).

If you have a mortgage, notify your lender/bank about cancelling it. Usually, there is a 1% cancellation fee plus a fee to remove the mortgage from the property. On the day of completion, you, your representative or lawyer need to obtain a "certificado de deuda" from your bank to show the exact amount required to settle the mortgage. This document must be presented to the notary.

You will also need to hand over the keys to the property and the latest receipts of paid utility bills and taxes to the new owner so they can transfer the utilities into their name.

Completion takes place at the notary's office in Spain.

  • All owners listed on the "escritura" must be present to sign on completion day.
  • If any owner cannot be present, they must issue a power of attorney ("poder") to allow another designated person, usually a lawyer or representative, to sign on their behalf.
  • You will need to bring the documents mentioned above.

The new title deed will be translated for you within the notary's office. You will then sign for the sale in front of the notary and receive the balance of the price.

Town Halls on the increase in the value of urban land (excluding buildings) when it is sold. The tax rate varies based on the size of the local population and the duration of ownership.

You will also need to hand over the keys to the property and the latest receipts of paid utility bills and taxes to the new owner so they can transfer the utilities into their name.

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.
An NIE is an identification number for non-Spanish people. This number is a mandatory requirement for any property sale in Spain. The Notary will not sign the deed of sale if you do not have your NIE. You will be required to have your NIE to sign any contract (telephone, water, electricity ...) in Spain.
Yes, it is essential in order to ensure the paperwork before signing the private contract and the title deeds to ensure that the property is free of any charge ... hence the importance of taking a legal representative who is also responsible for the registration of ownership at the Land Registry.
He can be a property manager, an administrator of properties... However, when you buy outside of the urban area, it is advisable to take a lawyer. Above all, it is important that this representative is based in the place you sell 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 your legal representative.
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 have to sign a Power of Attorney to someone else to sign on their behalf.
Sellers must pay capital gain tax and a municipal tax which is called 'plusvalia'. That corresponds to the increase in the value of the land where the property is located.