Selling a property in Spain involves several legal requirements and official documents. Ensuring everything is in order before accepting an offer helps avoid delays and complications during the sale process.
Legal requirements explained Contracts and documents Why use a lawyer
Legal Requirements for Sellers
Guide to legal requirements when selling property in Spain. Contracts, required documents, and why using a lawyer is recommended for sellers.
Documents in order
Legal compliance
Contracts explained
Lawyer recommended
Legal Requirements When Selling in Spain
Before a property can be sold, certain legal conditions must be met. These ensure the sale is valid and protect both the buyer and the seller.
Pre-Sale Legal Checklist
Property correctly registered in the Land Registry (Registro de la Propiedad)
Seller is the legal owner or authorised to sell
No outstanding debts or charges linked to the property
Local taxes (IBI) paid and up to date
Community fees paid with no arrears
No illegal constructions or planning issues
A legal professional can help confirm that the property is ready for sale and identify any issues that need resolving before marketing begins.
Contracts Involved in the Selling Process
There are typically two main contracts involved when selling property in Spain. Understanding each one helps you know what to expect at each stage.
Documents Required to Sell a Property
Having the correct documents prepared in advance helps ensure a smooth and efficient sale. Missing documents can cause delays at completion.
Essential Documents for Sellers
Title deeds (Escritura) – proof of ownership
Energy performance certificate (CEE) – legally required
Latest IBI receipt and proof of payment
Community certificate confirming no outstanding fees
Valid identification (passport) and NIE number
Bank details for receipt of funds
Habitation certificate (Cédula de Habitabilidad) – required in some regions
Additional documents may be required depending on the property type and region. Properties with pools, rental licences, or recent renovations may need extra documentation.
Using a Lawyer or Legal Representative
While not legally required, many sellers choose to appoint a Spanish property lawyer—particularly non-residents who may not be able to attend completion in person.
What a Lawyer Does for Sellers
Reviews contracts and documentation before signing
Checks for legal issues, debts, or charges on the property
Ensures all required documents are in order
Calculates taxes due (plusvalía, capital gains)
Represents you at the notary if you cannot attend
Acts on your behalf through power of attorney (Poder Notarial)
Handles post-sale tax filings for non-residents
Using a lawyer provides peace of mind and ensures full compliance with Spanish law. Legal fees are typically around 1% of the sale price, a small cost for the protection and convenience provided.
