Legal matters

It is advisable to make sure you have an independent lawyer involved throughout the selling process. They will understand this often complicated legalities, and will be able to intervene on all aspects on your behalf – including ensuring that all costs are covered. 

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There are three key legal areas that must be ensured when selling a Spanish property. These are:

  • The description in the property documents: The property deeds must be accurate and perfect, including all renovations or construction that has changed aspects of the property. These must be added to the deeds before you come to sell the property and include the construction of a pool, or a conversion of a garage into a guest house for example. If you have renovated the property inside this does not need to be included. The registration of the property for council tax must also be accurate, and show the actual size of the property, including any modifications or extensions. This is because council tax (calastro) is calculated depending on the size of the property including everything on the land, such as a pool or extension. The larger the property size, the higher your council tax bill will be.
     
  • Prove the legality of any construction: You must be able to prove the legality of the entire property in order to sell it. There are two documents for this:
    • Habitation Certificate (CH): This shows that the property has been constructed fulfilling Spanish construction laws, and is also necessary to initially connect water and electric to the property and to guarantee a change in contracts for the new owners. You must make sure this is in your name and up to date.
    • No Infraction Certificate (Certificado de No Infracción Urbanistica). This is available from the town hall and outlines all (if any) fines against the property. This document is needed to help the sale go smoothly, and will build the confidence of the new owner. Your lawyer will be able to obtain this document from the Town Hall on your behalf.
       
  • Capital Gains Tax: If you are living in Spain but still paying taxes as the UK, you will not be exempt from the Capital Gains Tax and so 3% of the sale price may be retained. The following documents must be presented prior to completion:
    • Original Title Deeds (escritura)
    • Council tax bill
    • Recent utility bills
    • Habitation Certificate
    • No Infraction Certificate
    • Community of Owners Certificate
    • Original NIE and Original Passport

Further reading for Selling In Spain

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Your selling options

Use estate agents to your advantage and learn the implications of selling.

Read more...

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Tips to help you sell

Selling a property in Spain can be a complicated process.

Read more...

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Get the right price

Be realistic about the price you will receive for your property.

Read more...

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Legalities of selling

What are the key legal considerations when selling your property?

Read more...


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When purchasing property legal hold-ups can be disastrous. You need to make extra sure that you have an English-speaking, impartial solicitor looking out for your best interests from the very start.
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