Selling real estate in Spain requires careful preparation and the meeting of numerous mandatory documents to ensure the legality of the transaction. Unlike the French system, the Spanish notary does not carry out thorough checks on the file, which is why it is crucial to gather all the required documents in advance and to be accompanied by a real estate law professional.

Essential mandatory documents

1. The property act (Escritura de Compraventa)

The title document is the fundamental document that certifies that the seller is the legitimate owner of the property. This escritura must be issued by a notary and truly represents the “identity card” of the property. The document contains all the information relating to the acquisition of the property (purchase, inheritance), its geographical location, area and technical characteristics. It is imperative that this escritura is correctly entered in the property register and that it fully reflects the current condition of the property.

2. The energy certificate (Certificado de Eficiencia Energética)

Mandatory since June 2013 according to Royal Decree 235/2013, the energy certificate assesses the energy performance of housing on a scale from A (the most efficient) to G (the least efficient) to G (the least efficient). This document must be given to the buyer before the sale. The new regulations of 2025 reinforce this obligation: since August 12, 2025, a valid and registered certificate has been essential for banks to process mortgage applications from buyers. The cost generally varies between 150 and 200 euros depending on the area and location.

3. The certificate of habitability (Cédula de Habitabilidad)

This certificate attests that the accommodation meets the minimum habitability standards required by Spanish law. It is particularly mandatory in certain autonomous communities such as Catalonia, Valencia or Andalusia. Minimum criteria include a living area of at least 36 m², a ceiling height of at least 2.5 meters, adequate ventilation and basic equipment (kitchen, bathroom). This document is essential for connecting public services (water, electricity, gas) and its validity generally varies between 10 and 25 years depending on the region.

4. IBI receipts (Impuesto sobre Bienes Inmuebles)

The IBI corresponds to the Spanish property tax. The presentation of the latest receipts proves that the property is in compliance with its local tax obligations. These documents make it possible to verify the absence of tax debts on the property.

5. The certificate of payment of condominium fees

For condominium properties, a certificate must be provided proving that the owner is up to date in the payment of common expenses. This document prevents the buyer from inheriting condominium debts.

Recommended additional documents

1. The simple note (Nota Simple)

This official document extracted from the land register makes it possible to verify the legal situation of the property and to identify any debts, mortgages or charges. It reflects the current cadastral situation and guarantees the transparency of the operation.

2. The deposit contract (Contrato de Arras)

Although not mandatory, this contract protects both parties by formalizing the reservation of the property and the conditions of sale. There are several types of deposits, the most common being “penitential deposits”, which include penalties in case of withdrawal. If the buyer withdraws, he loses the entire deposit paid (generally 10% of the price). If the seller withdraws, he must refund double the deposit.

3. Power of attorney if necessary

If the owner cannot be present when signing, a notarized power of attorney allows a third party (often a lawyer) to represent the owner.

Specificities according to the status of the seller

1. Non-resident sellers

Non-resident owners must take into account specific tax obligations. The buyer must withhold 3% of the sale price and pay it to the Spanish tax authorities. This withholding serves as a deposit on the capital gains tax that the non-resident seller will have to pay. The seller must then file a Model 210 declaration within four months to regularize this situation.

Calculation of capital gains tax

Capital gains tax varies according to the seller's residence status:

2. For Spanish residents: progressive IRPF scale

• 19% up to €6,000 in capital gain
• 21% from 6,000 to 50,000€
• 23% from 50,000 to 200,000€
• 27% from 200,000 to 300,000€
• 30% over €300,000

For non-residents : flat rate of 19% (EU/EEA) or 24% (excluding EU/EEA) on the capital gain achieved.

The sales process step by step

1. Preparatory phase

The preparation of documents should begin long before they are put on sale. It is strongly recommended that you hire a lawyer specialized in Spanish real estate law who can:

• Verify the completeness of the legal file
• Renew expired certificates
• Perform the necessary administrative checks
• Prepare contract documents

2. The reservation (Reserva)

The buyer presents his offer with the payment of approximately 1% of the price. If the seller accepts, the sale is considered complete and the parties are committed.

3. The signing of the sales agreement

Written by the lawyers and/or the real estate agency, this contract formalizes the mutual commitment of the parties. It provides for possible suspensive conditions and penalties in case of withdrawal.

4. The signing of the authentic act (Escritura Pública)

This signature before a notary is the final step where the property officially changes hands. The notary certifies the formal legality of the transaction, verifies the identity of the parties and ensures that the price is paid. Unlike France, the Spanish notary does not check the complete legal status of the property, which is why prior checks are important.

The associated costs and fees

1. Notarial fees

Notary fees are fixed and calculated according to a legal scale based on the value of the property. For a property worth €100,000, count around €675, and for €400,000, around €850.

2. Lawyer fees

Lawyer fees generally vary between 1% and 2% of the sale price, depending on the complexity of the case.

3. Various taxes and duties

The seller must pay the capital gains tax and possibly the municipal tax on the increase in the value of urban land (Plusvalía municipal).

The risks of incomplete documentation

• Administrative sanctions: the absence of an energy certificate can lead to fines of €300 to €6,000. Other missing documentation may also expose the seller to sanctions.‍
• Blocking the sale An incomplete file can significantly delay the transaction or even prevent it. Banks are now refusing to process loan applications without a valid energy certificate.
• Legal responsibility: the seller is liable in the event of hidden defects or non-conformity of the documents provided.

Tips for optimizing sales

• ‍Anticipation : Start collecting documents several months before they go on sale to avoid costly delays.‍
• Professional support : The assistance of a lawyer specialized in Spanish real estate law is almost essential, especially for non-residents.‍
• Updating documents : Verify the validity of all certificates and renew expired ones.‍
• Translation : For foreign sellers, the official translation of some documents may be necessary.

Recent regulatory developments

• ‍Strengthening energy obligations : The new provisions of 2025 reinforce the obligation to present a valid and registered energy certificate. This evolution is part of the European energy transition policy.‍
• Progressive digitalization : The Spanish administration is gradually developing online services to facilitate the obtaining and verification of certain documents.‍
• Evolving taxation : Real estate taxation evolves regularly, especially for non-residents. It is crucial to stay up to date with the latest changes.

Regional particularities

1. Variations by autonomous communities

Each autonomous community may have additional specific requirements. For example, Catalonia has specific obligations regarding the habitabilidad cedula, while Andalusia uses the “Licencia de primera occupación”.

2. Variable costs

The fees for obtaining the various certificates vary by region. Some communities such as Madrid or Andalusia do not apply registration fees for the energy certificate, unlike others.

Conclusion and recommendations

Selling a property in Spain requires careful preparation and the compilation of complete documentation. The main recommendations are:

• ‍Maximum Anticipation : start preparing the documents at least 3-6 months before the sale to avoid delays and additional costs.‍
• Mandatory professional support : call on a lawyer specialized in Spanish real estate law, especially if you are a non-resident.‍
• Systematic update : check the validity of all documents and certificates, and renew expired ones.‍
• Tax knowledge : find out exactly about your tax obligations according to your status of residence.‍
• Regulatory watch : keep up to date with legislative developments, especially concerning energy and fiscal obligations.

The complexity of the Spanish system, where the notary does not carry out exhaustive checks on the French system, makes rigorous preparation and qualified legal support essential. This preventive approach guarantees a secure transaction and avoids subsequent legal or financial complications.

The success of a real estate sale in Spain is therefore based on three fundamental pillars: complete and up-to-date documentation, competent legal support, and a perfect understanding of tax obligations according to your personal situation.