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Step-by-step: Offer, Due Diligence & Closing

We combine market data, legal checks and skilled negotiation to secure the best terms and a clean transfer of title.

  1. 1. Obtain an NIE Number

    Foreign buyers must obtain a Número de Identificación de Extranjero (NIE) — the Spanish tax ID required for property purchase, registration and utilities.

  2. 2. Open a Spanish Bank Account

    Buyers should open a local bank account to pay taxes, fees and complete the transaction in euros.

  3. 3. Legal Checks Before Purchase

    Your lawyer conducts due diligence to confirm:

    • The property is legally registered in the seller’s name.
    • There are no liens, mortgages or unpaid taxes.
    • Building licences, urban planning permissions and first-occupation certificates are in order.
    • Land details match the Catastro land registry records.

  4. 4. Preliminary Contract and Deposit

    A reservation contract (Contrato de Reserva) followed by a private purchase contract (Contrato de Compraventa) are signed. Typically a 10% deposit is paid to lock in price and terms before the notary signing.

  5. 5. Notary and Title Deed

    Final signing of the Escritura Pública de Compraventa (Title Deed) before a Spanish notary. At signing:

    • The buyer pays the remaining balance.
    • The seller hands over the property and keys.
    • The deed is recorded in the public registry granting legal ownership.

  6. 6. Registration and Taxes

    Your lawyer registers the property with the Land Registry (Registro de la Propiedad) and the Tax Office (Agencia Tributaria). Typical taxes & fees include:

    • Property Transfer Tax (ITP): ~7% for resales
    • VAT (IVA): 10% for new builds
    • Notary and registry fees: ~1–2%
    • Legal fees: ~1% (approx.)

Requirements for Sellers

  1. Proof of Legal Ownership

    The seller must provide the original title deed (Escritura de Compraventa) and a nota simple from the Land Registry showing ownership and any charges.

  2. Up-to-Date Payments

    Proof of payment for IBI (annual property tax), community fees and no arrears with municipal authorities or utility providers is required.

  3. Energy Efficiency Certificate

    A valid Certificado de Eficiencia Energética is required by law before marketing the property.

  4. Capital Gains & Retention

    For non-resident sellers: Capital Gains Tax at 19% applies, and buyers must withhold 3% from the sale price as a non-resident retention paid to the Tax Authorities.

  5. Plusvalía Tax

    Sellers pay the Plusvalía Municipal (local tax) based on the land value increase since acquisition.