What a seller needs before listing a Spanish property

Terms used

• Nota simple — The nota simple is a Land Registry extract showing a property's owners, mortgages and other charges.
• IBI — The IBI is the yearly local property tax charged on the property.
• Certificado de deuda pendiente — The certificado de deuda pendiente is your bank's statement of the exact balance left on your mortgage.
• Cédula de habitabilidad — The cédula de habitabilidad is a habitability certificate that some regions require to sell or rent a home.
• Plusvalía — The plusvalía is a local tax on the increase in the land's value, linked to the sale.
• Gestoría — A gestoría is an administrative agency that files paperwork for you with public offices.

Key rules

• Energy certificate: Without one you risk a regional fine, and your advert must show the rating.
• Community certificate: Ask for it shortly before signing, because it only reflects the day it is issued.
• Mortgage: You pay the cancellation costs, and the Land Registry cancellation can take weeks after the deed.
• Habitability certificate: Whether you need one depends on your region, so ask the regional housing department.

What to gather before you list

Start with four items: the energy certificate, a clean title, proof that community and tax charges are paid, and the payoff figure for your mortgage. Missing any of them is the usual reason a sale stalls. The documents list and checklist below cover the full paperwork.

The energy certificate

You must have an energy certificate to sell, and it is valid for 10 years. A qualified architect or engineer issues it, and it is registered with your region's energy body. Your advert must show the energy rating. Fines for having none vary by region, from a few hundred euros to several thousand, so get it before you advertise.

A clean title

Request a nota simple from the Land Registry. It shows the owners, any mortgage, embargoes and other charges on the property. The notary checks the registry directly before the deed, so anything unexpected there will surface. Fix it early.

Bring your title deed too, since the notary will want it. Depending on your situation, the notary may also ask about marital status or a power of attorney. If you are not resident in Spain, there is a 3% withholding that the buyer pays to the tax office on your behalf.

Proof you owe no community or tax debt

Community charges. Ask the community administrator or secretary for the community certificate. It states whether you owe ordinary or extraordinary charges or approved works. The president must approve it, and the administrator has 7 days to issue it after your request. It reflects the situation on the day it is issued, so ask a few days to a few weeks before signing, not months earlier. Debts from the current and previous year pass to the buyer, which is why buyers insist on this.

IBI. Bring your latest IBI receipt, or a certificate from the town hall or its tax collector. IBI is attached to the property, so a buyer can end up liable for unpaid years, usually the last four. Expect the buyer's side to ask for proof.

Your mortgage payoff figure

If you have a loan, ask your bank for a payoff certificate (certificado de deuda pendiente). It gives the exact balance to clear. You then have two routes, set out in the decision below: pay off before the deed, or pay at signing with a cheque from the buyer's bank. The deed of cancellation is signed before a notary, often the same day or within days of the sale deed. The bank or a gestoría then files it at the Land Registry, which commonly takes 2 to 8 weeks.

You pay the cancellation costs: notary, registry and gestoría fees, typically several hundred euros. The bank pays the stamp duty. Confirm all this with your bank when you request the certificate.

Region-specific paperwork

There is no national habitability requirement, but some regions ask for a habitability certificate (cédula de habitabilidad) when you sell. Catalonia is the clearest case: it is needed at the notary and is valid for 15 years. Ask your regional housing department whether your region requires one.

Extras the notary may ask for

The notary may also ask for the community statutes or building inspection report, plusvalía data and your bank details for payment. Cash payments are restricted to small amounts, so plan on transfer or cheque.

Choosing between options

How do you pay off your mortgage when you sell?

• Pay off before the deed: You have the money available and want the loan closed before signing.

• Pay at signing with the buyer's cheque: You rely on the sale price to repay the loan, so the buyer's bank issues a cheque to your bank at the deed.

If you cannot repay the loan from your own money, pay at signing with the buyer's cheque. Either way, start with the payoff certificate from your bank.

Timeline and deadlines

• Ask your bank for the mortgage payoff certificate: before you list the property

• Pay off the mortgage and sign the cancellation deed: at the deed or within days of it

• Bank or gestoría files the cancellation at the Land Registry: after the cancellation deed; the registry takes commonly 2 to 8 weeks

Documents you need

• Valid ID, NIE or passport, issued by the police or your country's authorities.

• Your title deed (escritura de compraventa), the document you got when you bought.

• A recent nota simple from the Land Registry, showing owners, mortgages and other charges on the property.

• The latest IBI receipt, the yearly property tax, or a certificate from the town hall.

• The community certificate showing you owe no community charges, issued by the community secretary or administrator with the president's approval.

• The energy performance certificate, issued by an architect or engineer and registered with the regional energy body.

• A mortgage payoff certificate (certificado de deuda pendiente) from your bank, if you have a loan.

• A habitability certificate from the regional housing department, only in regions that require it, such as Catalonia.

• Proof of marital status and any power of attorney, if they apply to you.

Checklist

• Find your title deed and valid ID, NIE or passport.

• Order the energy certificate from a qualified architect or engineer.

• Request a nota simple from the Land Registry to check for mortgages, embargoes and other charges.

• Get your latest IBI receipt to prove the property tax is paid.

• Ask your bank for a mortgage payoff certificate and check who pays the cancellation costs.

What to watch out for

• Selling without an energy certificate: You can face a fine of roughly 300 to 6,000 euros, depending on the severity and your region. The deed can still go ahead, but you are exposed to the penalty, and the energy rating must appear in any advertisement. Order the certificate from a qualified technician before you advertise the property.

Frequently asked questions

Do I need a habitability certificate to sell my home?

It depends on your region, because there is no national requirement for a habitability certificate (cédula de habitabilidad). Catalonia requires it at the notary and it is valid for 15 years, and the Balearic Islands, Valencian Community, Galicia, Navarre and others also ask for it. In Madrid you do not need one, but a new build needs a first occupancy licence from the town hall.

How long does the community certificate take to get?

The community administrator has 7 days to issue the certificate after you ask for it. Ask a few days to weeks before signing, because it only shows your debt on the day it is issued. The president must approve it.

Who pays to cancel my mortgage when I sell?

You pay the cancellation costs: notary, registry and gestoría fees, usually several hundred euros. The bank pays the stamp duty. The registry then takes commonly 2 to 8 weeks to remove the charge.

Can the buyer be left with my unpaid IBI?

Yes, the buyer can be liable for unpaid IBI, the yearly property tax, usually for the last four years, because the debt is attached to the property. Buyers therefore ask for proof of payment.