Selling your Spanish property

It is for anyone considering, planning or carrying out a move to Spain who owns, or will own, property there and may one day sell it. You will come away knowing the timeline, the documents, the taxes and the traps of a Spanish sale.

Start with "Selling a property in Spain, the timeline from listing to deed". It shows the steps in order, so you can see where the other pages fit. Inheritance tax and wills, and the mechanics of non-resident tax filing, are outside this section.

Key rules

• Withholding: When a non-resident sells, the buyer holds back 3% of the price and pays it to the tax office as an advance on the seller's tax.
• Plusvalía deadline: After a sale, the plusvalía municipal is filed with the town hall within 30 working days of the deed.
• Energy certificate: You must have an energy certificate to sell, and it is valid for 10 years.
• Tenant first refusal: A tenant has 30 calendar days after proper notice of your price and conditions to buy on the same terms.
• Retention payment: The buyer pays the retained amount within one month of the deed, and the non-resident seller files the final tax return within 3 months of the sale.
• Total time: Listing to deed typically takes 3 to 9 months.

Selling your Spanish property: the whole process, step by step

From first preparations to the final tax filings

• Gather your documents, energy certificate and photos, and clear up title problems (read: What a seller needs before listing a Spanish property): 1 to 2 weeks before listing; if the property was inherited, the heirs must first complete the inheritance deed, tax filings and registry entry

• Set your asking price and choose an agent; an exclusive contract usually binds you for 3 to 6 months (read: Pricing your home and choosing a selling agent): Before you list; test the price for 4 to 8 weeks, then cut in steps of around 3% to 5% if there are few visits

• Market the home until you accept an offer (read: Selling a property in Spain, the timeline from listing to deed): Commonly 2 to 6 months, depending on area and price

• If the home is let, notify the tenant of your price and conditions; they can buy on the same terms (read: Selling a Spanish property with a tenant in it): Before the sale; the tenant has 30 calendar days after proper notice

• Sign the reservation deposit with the buyer: Within days of accepting the offer

• Sign the arras contract (a deposit contract, usually 10% of the price): 1 to 4 weeks after the offer

• Order the community debt certificate, the administrator has 7 days to issue it: A few days to weeks before the deed

• If you have a mortgage, ask the bank for a payoff certificate and arrange the cancellation deed; registry cancellation then takes 2 to 8 weeks: Before the deed, usually within the 1 to 3 months between arras and deed

• Sign the deed at the notary and receive payment: Usually 1 to 3 months after arras; listing to deed typically takes 3 to 9 months

• If you are a non-resident, the buyer pays the 3% held back to the tax office (read: The 3% withholding when a non-resident sells): Within one month of the deed

• File the plusvalía municipal with your town hall (read: Municipal land value tax (plusvalia municipal) when you sell): Within 30 working days of the deed

• Declare the gain and claim back any excess withholding (read: Capital gains tax when you sell a Spanish property): In your next income tax return; non-residents file the final return within 3 months of the sale

Documents you may need

Identity and residence

• Valid ID — Selling a property in Spain, the timeline from listing to deed, What a seller needs before listing a Spanish property
• Your NIE — Selling your Spanish home after you have left Spain, You inherited a Spanish property, what to check before selling

The home and the lease

• A recent nota simple — Selling a property in Spain, the timeline from listing to deed, What a seller needs before listing a Spanish property

Payments and receipts

• The latest IBI receipt — Selling a property in Spain, the timeline from listing to deed, What a seller needs before listing a Spanish property
• Your bank account details for payment — Selling a property in Spain, the timeline from listing to deed

Other documents

• The energy performance certificate — Selling a property in Spain, the timeline from listing to deed, What a seller needs before listing a Spanish property
• The sale deed — Municipal land value tax (plusvalia municipal) when you sell, The 3% withholding when a non-resident sells
• A certificate from the community of owners showing you have no debt — Selling a property in Spain, the timeline from listing to deed
• The community certificate showing you owe no community charges — What a seller needs before listing a Spanish property
• A mortgage payoff certificate — What a seller needs before listing a Spanish property

Each article lists the other documents it asks for, where you need them.

Selling your Spanish property: questions that cross several articles

Which documents does a seller need to bring to the notary?

You usually bring your ID or NIE, the title deed, a recent nota simple, the latest IBI receipt, the community certificate and the energy certificate. Add the mortgage payoff or cancellation papers if you have a loan. Read What a seller needs before listing a Spanish property, and The 3% withholding when a non-resident sells if you live abroad.

Do I need an energy certificate before I advertise the home?

Yes, you need an energy certificate to sell, and the rating must appear in your advert. It lasts 10 years and fines for not having one start at about 300 euros, varying by region. Read What a seller needs before listing a Spanish property, then Pricing your home and choosing a selling agent.

How do I prove the property has no debts before the sale?

You prove it with a nota simple for charges, the latest IBI receipt for property tax and the community certificate for service charges. Unpaid IBI can follow the property to the buyer, so buyers ask for proof.

How do I cancel my mortgage when I sell?

You ask your bank for a payoff certificate, pay off the balance at or before the deed, then sign a cancellation deed so the charge is removed from the registry. Costs are usually several hundred euros and registry cancellation takes 2 to 8 weeks.

How much commission will an agent charge me?

Agents typically charge 3% to 6% of the sale price, commonly 4% to 5%, plus 21% VAT. Rates are negotiable, and an exclusive contract can tie you for 3 to 6 months.