Do you want to sell your house in Spain? Then correct administrative preparation is crucial to avoid delays or fines. Spanish real estate transactions require a specific set of documents, ranging from the title deed and conformity certificate to proof of tax residency.
This article details all the legal and planning documents required for a safe sale.
Also read: the process of selling property in Spain.
1. The Notarial Act (Escritura) and the 'Obra Nueva'
Is the description in your notarial deed still up to date? For the sale of your Spanish property, the Escritura de Compraventa (title deed) the basis. However, a common problem is that the physical reality of the property no longer matches the description in the deed. For example, have you widened the terrace, built a swimming pool or added a garage? If so, the superficie construída (built-up area) no more.
It is mandatory in Spain to make changes to the outside of the property to be officialised through a Declaración de Obra Nueva (statement of new construction).
Expert Insight: "In practice, we see that in around 40% of resales on the Costa Blanca, the square metres in the deed do not match reality. Failure to regularise this can block the sale, as the buyer's bank will then be unable to provide a mortgage."
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Internal renovations: You do not usually need to report interior modifications (new kitchen, flooring) unless the habitable area changes.
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External renovations: Any increase in volume or built-up area must be registered.
2. Registration in the Land Registry and Property Register
Why is correct land registration essential? In addition to the notarial deed, all changes must also be implemented in the Registro de la Propiedad (Property Register) and the Catastro (Land Registry). This registration is directly linked to the IBI tax (Impuesto sobre Bienes Inmuebles).
The IBI (or SUMA in Alicante province) is calculated based on the cadastral value.
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Example: You buy a 120m² villa with a SUMA assessment of €300. You later legally or illegally build a 40m² garage. This increases the taxable base and perhaps the SUMA to €350.
As a seller, you are usually obliged to deliver the property 'free of encumbrances and in accordance with the rules'. Any discrepancies must be regularised before the sale. With this, Confianz can assist you.
3. Architectural and urban development certificates
To prove that your property is legal and meets housing standards, two specific documents are indispensable.
The Certificate of Conformity (Cédula de Habitabilidad)
This document, also called the housing permit, proves that the property meets Spain's minimum hygiene, safety and size requirements. Without a valid Cédula the buyer cannot put the contracts for water and electricity in his name.
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Validity: Depending on the region, this certificate is valid for 5 or 10 years.
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Action: Check the expiry date in time; renewal may take several weeks.
The Urban Planning Excerpt (Certificado de No Infracción Urbanística)
This certificate, which can be requested from the municipality (Ayuntamiento), confirms that there are no construction violations have been established on the plot and that there are no outstanding fines. For a potential buyer, this document is sacred: it guarantees that the municipality cannot suddenly demand that an illegal swimming pool or extension be demolished.
4. Taxation: capital gains tax and the 3% Scheme
The tax settlement on sale differs fundamentally for residents and non-residents.
For Non-Residents
Do you live in Belgium or the Netherlands and is the Spanish property a second residence? Then the buyer is obliged to apply the 3% withholding (Retención) added.
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The buyer retains 3% of the sale price and deposits it directly to the Spanish tax authorities (Hacienda) as an advance on your capital gains tax.
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Form: Model 210 (or 214 from the past).
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Is the actual capital gains tax less than the 3% withheld? If so, you can reclaim the difference, provided you have paid your non-resident taxes properly in the past few years.
For Fiscal Residents
Do you live permanently in Spain? If so, you are subject to IRPF (income tax). You will need to apply via a tax residence certificate (certificado de residencia fiscal) prove that you are a tax resident.
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Exemption: In certain cases (e.g. over-65s who sell their main home and meet certain conditions), you may be exempt from capital gains tax.
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Risk: The tax authorities strictly check whether you are actually staying in Spain. Incorrect returns lead to high fines.
Note: In addition to the national capital gains tax, there is also the Plusvalía Municipal. This is a municipal tax on the increase in value of land, which is always must be paid upon sale.
5. Checklist: All required documents at a glance
Have the following documents ready for your lawyer or broker:
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Property deeds:
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The original Escritura (notarised deed of purchase).
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Recent extract from the Property Register (Note Simple).
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Urban Planning & Housing:
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Valid certificate of conformity (Cédula de Habitabilidad / Licencia de Primera / Segunda Ocupación).
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Urban planning extract (Certificado de No Infracción).
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Energy performance certificate (EPC or Certificado de Eficiencia Energética).
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Financial & Fiscal:
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Latest assessment notice from the IBI (SUMA).
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Proof of payment of the VvE (Comunidad de Propietarios) if applicable.
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Recent water and electricity bills.
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Proof of tax residency (if applicable).
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Personal:
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Valid passport or identity card.
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Original NIE document (Número de Identidad de Extranjero).
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Frequently asked questions (FAQ)
What documents are legally required to sell a house in Spain? The legally required documents are a recent extract from the property register (Nota Simple) and the energy performance certificate (EPC).
What is the difference between the 3% deduction and the Plusvalía Municipal? The 3% deduction is an advance on the national profit tax for non-residents (paid to the state). The Plusvalía Municipal is a completely separate tax on land appreciation, which you pay to the municipality where the property is located.
Can I sell my house in Spain if I have not reported renovations? Yes, but this complicates the sale considerably. The buyer can demand that you regularise the situation (via an 'Obra Nueva' deed) before the transfer, or deduct the cost for this from the sale price. In some cases, the buyer will not get a mortgage if the deed does not match reality.
Do you need help selling your property on the Costa Blanca? We will gladly put you in touch with specialised brokers and lawyers who will ensure a watertight dossier.
About the author: Glenn Janssens is a lawyer specialising in Spanish real estate transactions and tax regulations. Since 2017, he has been helping Belgian and Dutch individuals and entrepreneurs to safely purchase and structure real estate in Spain. He guides files from A to Z: from due diligence, ownership and tax control to estate planning and optimisation for residents and non-residents. Thanks to his years of experience, hundreds of handled files and focus on transparent communication, Glenn makes complex Spanish legislation understandable and practically applicable for every property buyer.
