Legal Requirements
Legal Requirements for Sellers | Selling Guide
Guide to legal requirements when selling property in Spain. Contracts, required documents, and why using a lawyer is recommended for sellers.
Pre-Sale Requirements
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.
- Property correctly registered in the Land Registry
- Seller is the legal owner or authorised to sell
- No outstanding debts or charges linked to the property
- Valid energy performance certificate (CEE)
- All licences and permits in order
Required Documents
- Escritura: Title deed proving ownership
- Nota Simple: Current registry extract
- IBI receipts: Proof of property tax payments
- Community fees: Certificate of payment
- Energy certificate: Valid CEE required by law
- Habitation certificate: If applicable in your region
Contracts
Contrato de Arras
The private purchase contract signed before completion. The buyer pays a 10% deposit. If either party withdraws, penalties apply (buyer loses deposit, seller returns double).
Escritura de Compraventa
The official title deed signed at the notary. This transfers ownership and is registered in the Land Registry.
Using a Lawyer
While not legally required, using a lawyer is strongly recommended, especially for non-resident sellers:
- Reviews all documentation before listing
- Handles contracts and negotiations
- Can act with power of attorney
- Manages tax obligations after sale
- Ensures compliance with all regulations