Documents the seller must provide, including the energy certificate

Terms used

• Escritura — The escritura is the title deed, signed before a notary, that records who owns the property.
• Nota simple — The nota simple is a Land Registry extract showing the owner, property details and any mortgage or charges.
• IBI — The IBI is the yearly property tax paid to the town hall.
• Cédula de habitabilidad — The cédula de habitabilidad is a licence confirming a home meets the conditions to be lived in.
• Licencia de ocupación — The licencia de ocupación is a town licence confirming a building can be occupied.
• ITE — The ITE is a technical inspection report on an older building's condition.
• IEE — The IEE is a building evaluation report, similar to the ITE, required for older buildings.
• Libro del edificio — The libro del edificio is the building's documentation book, required for new buildings.

Key rules

• Energy certificate: It is mandatory for selling most homes, the seller must give you a copy, and it is valid for 10 years.
• Refusing to sign: You can refuse to sign until the seller hands over the energy certificate.
• Regional papers: The cédula de habitabilidad, ITE or IEE and libro del edificio depend on your region, town and the building.
• Mortgage: If the seller has a mortgage, get proof from their bank that it has been or will be cancelled.

Fines, building-age thresholds and which regional papers apply vary by region and town, so confirm them with your town hall or regional energy department.

The energy certificate comes first

The seller must give you a copy of the energy certificate before you sign. It is mandatory for selling most homes, and you can insist on it. Some exemptions exist, such as protected buildings or small ones.

A qualified technician, such as an architect or engineer, issues it. It must be registered with the regional energy body before it is used. The energy label must also appear in the listing. If the listing shows no label, ask for the certificate straight away.

If the seller has none, you can demand delivery and refuse to sign until you get it. You may also claim damages. The sale is not void because of the missing certificate. Fines for the seller depend on the region, so you do not need to chase that yourself.

What the other documents prove

• Escritura: the title deed. It shows who owns the property and how the seller bought it.
• Nota simple: a recent extract from the Land Registry. It shows the owner, the property's details and any mortgage or charge on it. Ask for a recent one.
• IBI receipt: proof the yearly property tax is paid. Ask for the latest one.
• Community debt certificate: for flats only. It shows whether the seller owes the building's community any money.
• Mortgage cancellation proof: if the seller has a mortgage, you need proof from their bank that it has been or will be cancelled.

Also worth asking for: the last utility bills, the community statutes, the cadastral reference and the plans.

Documents that depend on where you buy

Rules differ by region and even by town, so check with your town hall.

• Cédula de habitabilidad or licencia de ocupación: a licence showing the home can legally be lived in. Regions such as Cataluña, Baleares and Valencia require the cédula. Elsewhere, the town may ask for the licencia.
• ITE or IEE: a building inspection report. It applies to buildings over a set age, usually 30 to 50 years depending on the municipality.
• Libro del edificio: the building's manual. It is required for new buildings.

Before you sign

Ask for anything missing in writing, and do not sign until you have it. The checklist and warnings below help you track this.

Documents you should receive from the seller

• Title deed (escritura), issued by the notary who authorised the seller's purchase. It shows who owns the property and how it was acquired.

• Recent nota simple, an extract from the Land Registry (Registro de la Propiedad). The notary usually asks for it shortly before signing, and one issued within about 10 days before the deed is the usual standard.

• Latest IBI receipt (the yearly property tax), issued by the town hall. It should be the latest annual receipt, showing the current year's tax as paid.

• Community debt certificate, for flats only. The community's administrador de fincas issues it in writing, with the approval of the community president. It should show whether fees are up to date, the amount of the regular fee, and any special assessments (derramas) approved, paid or pending. It is normally issued within the last 1 to 3 months before completion. Not needed for detached homes with no community.

• Energy certificate, issued by a qualified technician such as an architect or engineer and registered with the regional energy body. It is valid for 10 years.

• Cédula de habitabilidad or licencia de ocupación (a habitability or occupancy licence), where your region or town requires one. The region or town hall issues it.

• Proof that any mortgage has been or will be cancelled, from the seller's bank.

• Extra papers worth asking for: the last utility bills, the building inspection report (ITE or IEE) where it applies, the community statutes, the cadastral reference and the plans.

Checklist

• Check that the certificate was issued by a qualified technician and registered with the regional energy body.

• Ask your town hall whether the building needs an ITE or IEE inspection report because of its age.

• Confirm with your town hall or region whether a cédula de habitabilidad or licencia de ocupación is required for this home.

• Ask for the libro del edificio if the building is new.

• Put your request for any missing document to the seller in writing, and hold off signing until you receive it.

What to watch out for

• Missing energy certificate: A seller who does not provide the energy certificate commits an infraction, and fines depend on the region and how serious it is. The sale itself is not void, so a missing certificate may only come to light after you sign. Demand the certificate before signing, and refuse to sign until you have it. You can also claim damages.

• Rules differ by region: Sanctions and some required documents differ by region and town, so a seller's checklist from another area may not match yours. Ask your town hall and the regional energy department which documents and rules apply to this property.

Frequently asked questions

Can I refuse to sign if the seller has no energy certificate?

Yes, you can refuse to sign until the seller hands over the energy certificate, and you can also demand delivery of it. You may claim damages too.

Does the seller face a fine for not providing the energy certificate?

Yes, missing the certificate is an infraction, and the fine depends on your region and how serious it is. Fines are usually graded as minor, serious or very serious, from hundreds to thousands of euros. Ask the regional energy department for the current figure.

Which seller documents are only required in some places?

The building inspection report (ITE or IEE) applies to buildings over a set age, usually 30 to 50 years depending on the municipality. The cédula de habitabilidad (habitability licence) is required in regions such as Cataluña, Baleares and Valencia. The libro del edificio (building book) is required for new buildings.

Does every home need an energy certificate to be sold?

No, some buildings are exempt, such as protected or small ones, although most homes need one. If the seller says their home is exempt, ask your town hall or the regional energy department to confirm it.