Anyone exploring the Spanish property market will soon realise that the profession of estate agent is not regulated in large parts of the country. In theory, anyone can set up a website and call themselves an ‘estate agent’. This poses risks for you as a buyer. Fortunately, Catalonia (along with the Valencia region) is a welcome exception.
The Catalan government has strictly regulated the property market to protect consumers. Are you working with an estate agent on the Costa Brava or in Barcelona? If so, they must comply with mandatory legal requirements.
As an independent legal adviser specialising in the purchase of Spanish properties, Confianz explains the requirements that a licensed estate agent in Catalonia must meet and how to spot unscrupulous intermediaries.
The cornerstone of the legislation: the AICAT register
In Catalonia, estate agents are legally required to be registered in the official register: the AICAT (Register of Estate Agents of Catalonia). Without this registration, no one is permitted to act as an estate agent in the purchase or sale of property in the region of Catalonia.
In order to obtain and retain an AICAT number, estate agents must meet strict conditions:
- Professional competence and training: The estate agent must hold a recognised university degree (such as in Law or Economics) or have completed a specific, government-recognised property qualification.
- Physical location: A legitimate estate agent must have an office open to the public or an official business address in Catalonia. A website or an email address alone is not sufficient.
- Recognisability: Registered estate agents are required to clearly display their AICAT registration number on their website, in documents and via an official badge or sticker on the façade of their office.
Financial guarantees for the buyer
The biggest risk when buying property in Spain often lies in the deposits. If an estate agent takes your money and then goes bankrupt or disappears without a trace, you will lose your money. The Catalan decree therefore requires estate agents to provide two crucial financial guarantees:
1. The financial guarantee (Garantía Económica)
Estate agents must take out a bank guarantee or special insurance to cover clients’ deposits. Should anything go wrong with the estate agent, this guarantee ensures that you will be refunded your deposit (up to a statutory minimum, usually €60,000).
2. Professional indemnity insurance (Seguro de Responsabilidad Civil)
An error in a contract or incorrect information can have serious financial consequences. Catalan estate agents are required to be insured against professional negligence, with a minimum cover of € 600.000 per claim. This provides you, the consumer, with a solid safety net.
Here you will find information about transfer tax in Catalonia.
What is the difference between AICAT and API?
You will often come across these terms together: AICAT and API. Although they look similar, there is a fundamental difference:
| Term | What is it? | Status |
| AICAT | The Catalan government’s official, compulsory register. | Legally required for anyone acting as an estate agent in Catalonia. Similar to the BIV in Belgium. |
| API | The professional association of estate agents (Agente de la Propiedad Inmobiliaria). | Voluntary membership, similar to membership of the CIB in Belgium or the NVM in the Netherlands. |
Our tip: Always check the estate agent’s AICAT number in advance via the public database of the Catalonia Housing Agency. Is this number missing? In that case, break off the negotiations immediately.
Why a estate agent alone is not enough
Although the AICAT legislation significantly improves the quality of estate agents in Catalonia, an estate agent remains a commercial intermediary who earns a commission on sales. In practice, an estate agent carries out no excludes a comprehensive legal and tax due diligence.
In Spain, any debts, outstanding tax liabilities and planning offences are passed on to the new owner. Nor does the Spanish notary carry out a thorough check of this on your behalf.
To buy property safely in Catalonia, you need an independent solicitor who acts solely in your best interests. Confianz provides you with comprehensive support We will assist you with your purchase by checking planning permissions and any (hidden) debts, drawing up the contracts of sale, and supporting you through the conveyancing process.
Do you have any questions about buying a property in Catalonia? Please feel free to contact with us.
