Selling Property in Spain

Why Preparation Matters

Sellers who invest time in preparation before listing tend to complete faster, at better prices, and with cleaner tax outcomes than those who list first and figure the rest out later:

• Buyers tend to lose interest when unresolved paperwork surfaces late — missing documents, unresolved land-registry entries, expired cédulas or unexplained community-fee arrears often derail otherwise willing purchasers.
• Pre-completion tax planning often saves more than the legal-support fee. Over-65 reinvestment reliefs, main-home rollover, documented capital improvements and the plusvalía "no gain" claim all need setting up before completion.
• Documents take time to obtain — energy performance certificate (EPC), any cédula-de-habitabilidad renewal that applies in your autonomous community, and the community-of-owners debt certificate can each take days to weeks.
• An early CGT projection tells you what you'll actually net from the sale, which usefully anchors your asking price against post-tax proceeds rather than headline number.

The most confident sellers know their tax number before they set the asking price.

Documents to Gather

• Escritura pública — original deed of purchase (or certified copy).
• Nota simple — recent land-registry extract confirming clean title (no embargoes, charges or entries).
• Cédula de habitabilidad / first-occupation licence — where required by your autonomous community; some regions do not require cédula for resale, others do. Check locally.
• Certificado energético (EPC) — required for marketing and completion.
• Community of owners certificate — confirming no outstanding community fees.
• IBI receipts — recent years, showing paid.
• Utility bills — recent, showing paid; needed for transfer.
• NIE — yours (and any joint owner's).
• Passport(s) — current, valid.
• Invoices for improvements — for CGT acquisition-cost gross-up.
• Non-resident tax filings — Modelo 210 filings for the ownership period (or catch-ups if missing).

Choosing an Agent

Spanish estate agency operates differently from the UK or US markets. Key points:

• Fees typically range 3–6% + VAT, depending on region and agency.
• Sole agencies vs multi-listings — you can list with one agent exclusively (often lower fee but longer lock-in) or with several simultaneously (higher effective fee, more coverage).
• Check whether the agent is entered in any compulsory regional register and carries the required professional insurance or guarantees applicable to your autonomous community.
• Good agents provide staging advice, professional photography, marketing on the major Spanish portals (Idealista, Fotocasa, and international portals for expat markets), and viewings management.

The right agent for your property is one who knows your specific market — Costa del Sol coastal apartments, Costa Blanca villas, or urban Barcelona flats each have specialist agents.

Pricing the Property

Realistic pricing is the single biggest lever on sale speed and outcome:

• Get at least two market valuations — one from your listing agent, one from an independent surveyor or a different agent.
• Compare against recent completed sales — not asking prices — in your immediate area.
• Consider the Valor de Referencia — the reference value that determines minimum ITP for the buyer. Setting price materially below Valor de Referencia doesn't reduce the buyer's ITP.
• Factor in seasonality — coastal markets are heavily seasonal.
• Overpriced properties tend to become stale; well-priced properties often attract multiple offers.

Set your asking price with the CGT projection alongside — knowing the post-tax number focuses the conversation on what actually matters.

The Sale Process

Reservation & Private Contract

Reservation contract

A short-form document by which the buyer pays a small deposit (typically €3,000–€10,000) to lock the property and pause marketing while due diligence and the private contract are prepared. Typically refundable if legal issues are found; otherwise applied to the price at closing.

Private purchase contract (arras)

The main contract, often structured as arras penitenciales under the Spanish Civil Code:

• Buyer pays a deposit (typically 10% of purchase price).
• If the buyer walks away without cause, the deposit is generally forfeited.
• If the seller walks away, they generally have to return double the deposit.
• Sets the completion date (usually 30–90 days).
• Details parties, property, price, payment structure and any conditions (e.g. subject-to-mortgage).

See our arras contract guide and private purchase contract guide.

Pre-Sale Tax Planning

The window between agreeing to sell and signing the escritura is where meaningful tax planning can happen:

CGT on the Gain

The Spanish tax treatment of a property gain depends primarily on whether the seller is a Spanish tax resident, and — separately — on the buyer's withholding obligation. See our full property CGT guide. Summary:

Gain = adjusted sale price minus adjusted acquisition cost. Sale price is reduced by allowable selling costs. Acquisition cost is grossed up by original purchase taxes, notary, registry, legal fees at purchase, and documented capital improvements. Reliefs for residents include main-home rollover, over-65 exemption, and pre-1994 transitional relief. Some EU/EEA residents may have access to limited reinvestment relief in qualifying circumstances; UK residents should not assume that pre-Brexit treatment continues, and specific advice is essential.

The 3% Retention

If you're a non-resident seller, the buyer is required to withhold 3% of the sale price and pay it to the Spanish tax authority via Modelo 211 within one month of completion. This is an advance payment against the seller's CGT liability, not an additional tax and not the tax itself.

The seller files their own Modelo 210 in the applicable period following the buyer's Modelo 211 filing, calculates the actual CGT, and either:

• Reclaims the excess if the 3% withholding exceeded the true CGT liability; or
• Pays the balance if CGT exceeded the withholding.

Practically, non-resident sellers should plan cash flow around this — the retained amount doesn't come back immediately; reconciliation runs weeks to months after the Modelo 210 filing.

Plusvalía Municipal

See our plusvalía guide. Key points:

• Local town-hall tax on the increase in urban-land value.
• Paid by the seller (as a matter of law) within 30 days of the escritura.
• Since the 2021 reform, sellers may choose the more favourable of two calculation methods (formula-based or actual land-value gain).
• Where the urban-land value hasn't increased, plusvalía may not apply — some town halls still bill initially and a reclaim may be required.
• Plusvalía is generally deductible from the CGT sale price (reducing the taxable gain).

The Escritura

The escritura pública is signed at a Spanish notary. On the day:

• Seller (or an appointed representative under power of attorney) and buyer (or their representative) attend.
• The notary confirms identity and reads the deed.
• Final payment (or bank draft) is handed over; if a mortgage is involved, the mortgage escritura is signed at the same appointment.
• For non-resident sellers, the buyer's 3% withholding is retained here — the buyer or their representative arranges the Modelo 211 payment shortly after.
• Keys are physically handed over.
• The notary retains the escritura and issues copies (copia autorizada).

See our escritura guide. Post-signing, the land registry is updated and taxes settle.

Post-Sale Filings

• Plusvalía municipal at the town hall within 30 days of the escritura.
• Modelo 210 (CGT) for non-resident sellers, filed in the applicable period following the buyer's Modelo 211 filing.
• Modelo 210 (final non-resident income tax) for the ownership period up to sale date if not already filed for the year.
• 3% withholding reconciliation via Modelo 210 — reclaiming excess or paying balance.
• Bank transfer of proceeds — moving euros to your home-country account. Consider FX planning.
• Home-country tax reporting — the sale may need declaring in your home country too, subject to the applicable double-tax treaty.

Selling from Abroad

Many non-resident sellers don't travel to Spain for the sale. Where the seller cannot attend in person, a power of attorney route is normally arranged with an appropriate Spanish professional — enabling the reservation contract, private contract, escritura and tax filings to be handled without the seller being present. Points to plan around:

• The POA is signed at a Spanish notary (if you're briefly in Spain) or at a home-country notary with apostille and sworn Spanish translation.
• Scope, price cap and expiry should reflect the sale.
• Revocation timing after completion.
• Lead time to have a home-country POA in Spain is typically 2–4 weeks — start early.

Platinum Legal Spain can explain the available POA route and coordinate with the appropriate Spanish professional or notary.

Our Support

Platinum Legal Spain provides English-speaking support to sellers throughout the transaction — an accessible point of contact, coordination with qualified Spanish professionals where required, and practical explanation of each stage. Typical scope of support includes:

• Pre-sale review of documents and situation.
• Pre-sale CGT projection.
• Explanation of reservation and private purchase contract terms.
• Coordination of buyer's due-diligence responses.
• Notary and completion coordination.
• Non-resident tax coordination — 3% withholding, CGT, plusvalía, catch-up filings.
• Selling with POA where you're not in Spain.

Fees depend on the sale value, transaction type, location and the work required. You'll receive a written quotation before engagement. Book a consultation and we'll set out the scope and quote for your specific situation.

Related Guides

Frequently Asked Questions