Sell a property in Spain: How to get everything ready

Last updated on June 27th, 2025 at 12:29 pm.

Someone wants to buy your property! It’s a great feeling when you can set the conveyancing process in motion. But have you got everything in place so that you can sell a property in Spain without a hold-up? We explain everything you need to know to make sure your property sale is a success. 

If you’re thinking about selling your Spanish property, there are a number of factors to take into account as you plan this move. The Spanish property market is flourishing at the moment, with the latest research showing that 13% of properties sold in less than a week, 21% between a week and a month, and 22% between one and three months in the first quarter of 2024. 

Making sure you have all of the necessary information and paperwork in place before you start to sell a property in Spain is key to ensuring that the sale will be a smooth process. 

Unauthorised building work is one of the main hurdles for those trying to sell a property in Spain. Perhaps you had a swimming pool, extension or conservatory added to your home? Any of these types of adjustments to the original plan of the property can lead to a sale falling through if the correct licences are not in place.

Many people are unaware that building restrictions in Spain are actually quite tight. Even small changes to your house specification must be accompanied by a permit. Minor work, such as installing a new kitchen, replacing a window or re-tiling, is classed as ‘obra menor’ (minor work) and for this you need a building licence issued by the town hall (Ayuntamiento) urban department.

Even more vital is the licence required if you have carried out an ‘obra mayor’ (major work). It might seem obvious that the building of a swimming pool, shed, conservatory or other extension must have planning permission. However, people can be surprised to learn that other building activity such as increasing the height of a wall, paving a patio or even installing solar panels requires the town hall’s permission.

What Should You Check Before Putting Your Spanish Property on the Market?

It’s a good idea to check all of the legal requirements of your property in the run up to putting it up for sale. This will help you market your home effectively and ensure that when you have a buyer, all of the correct legal information is in place. 

Land registry

Ensure that your property’s legal status, including any debts or sale restrictions are verified. Obtain a nota simple (property registration summary) from the Land Registry for confirmation. 

Maintenance and repairs

Before you sell a property in Spain, it’s helpful to resolve any maintenance areas or repairs so that you can avoid any delays during a sale process and the buyer can see the property at its best. 

Legal advice

Seek advice from a Spanish legal professional with property experience so that all legal and compliance aspects are managed. A professional can help you become compliant with Spanish law and prepare a sale contract that safeguards your best interests. 

Do You Have All the Required Documents to Sell Your Property in Spain?

The first thing to check is that all of your documentation is in order and up to date before you sell a property in Spain. You’ll likely need to collate the following paperwork:

• A copy of the property title deeds
• Copies of recent utility bills
• Proof of most recent local municipal tax (IBI) payments
• Inventory of fixtures, fittings and furniture included in the sale.

You will also need to get an Energy Performance Certificate for your property. This can be arranged by an architect or engineer and the cost will vary depending on the size of your residence. 

If you have had minor work done to the property, such as tiling, window replacements, an awning, painting or a new bathroom, then you will need a copy of the obra menor permit you obtained from the town hall in order to complete the work. 

With major work, such as a new conservatory or swimming pool, you’ll need your obra mayor permit from the town hall to show you had permission to complete these projects. Once completed, these alterations need to be added to the property’s description at the Land Registry. 

How Do Building Permits and Licences Affect Your Property Sale?

Building permits and licences are really important when you’re considering selling your Spanish property. This is because a lack of the proper permits and licences for any building work or renovation can seriously inhibit a sale or reduce your chances of selling a property for your ideal price. 

It’s also true to say that buyers are becoming increasingly more knowledgeable about the correct building permits and licences a Spanish property they are looking into buying should have, so it really pays to have all of the correct documentation in order. 

For rural properties, having an Asimilado Fuera de Ordenación or AFO is necessary for legal purposes. It also may be essential to secure the AFO before gaining building permits, utilities and mortgages. Buyers will typically see this as a vital document before a purchase can occur. 

To recap, if you have had any type of building work, construction or have done any repairs to your property, you will need to have an obra menor (minor work) or obra mayor (major work) in your possession before you put your property on the market. 

If you don’t have the correct permits or licences in place, it could lead to a fine or even reduce the value of your property, so it definitely makes sense to obtain the correct paperwork before you begin any work and store this safely. 

What Are the Financial Costs and Tax Implications When Selling?

Every property will have different costs and tax implications, so it’s a good idea to get some professional advice around the specific financial fees involved with your property sale. 

Property experts suggest that the overall cost of selling your Spanish residence will typically be between 5%-15% of the final sale price. This can vary based on property size, condition, location and your individual situation. 

Here are some of the common costs you will likely have to navigate if you sell a property in Spain:

Financial costs

1. Energy certificate. This is now mandatory and is completed by a qualified technician. It shows how energy efficient your property is and costs between €60 to €130 in 2025, based on the size of your home. 
2. Occupancy certificate. In some Spanish communities, you should have this certificate to show your property meets safety and requirements. This is also completed by a qualified technician and costs between €60 to €160. 
3. Nota simple. This document can be requested by the buyer or seller and shows if there are any debts or incumbrances on the property. This can be obtained from the College of Registrars website or a Property Registry for around 10 euros. 
4. Notary fees. Your notary will arrange your deeds and the final cost will depend on the property’s sale value. The notary fee is likely to be between 0.2% and 0.5% of the property’s value. Granting the public deed of sale usually costs around €800 to €1200 for standard properties and the buyer usually pays the notary costs.  
5. Estate agent fees. If you contract an estate agent to help you sell your property, you will have to pay their fees which are typically negotiated at the beginning of your contact with the agent and are a percentage of the sale price. 

Taxes

6. Personal income tax (IRPF). When a property is sold, personal income tax must be paid on the capital gain made from the sale. This is only paid when the sale price is higher than the original price you paid for the property. The gained income should be declared on your income tax return for the year following the property sale. There are some exceptions, so it’s a good idea to research your personal situation in relation to tax. 
7. Municipal capital gains tax. This tax is paid to the town hall where the house is located within 30 days of sale, based on the increase in the property’s value from the time of purchase until its sale. This is based on the land value not on the purchase price. Talking to a professional can help you work out the amount you may have to pay. 
8. IBI property tax. This tax is paid annually and the price depends on the property’s location. It is a local tax and is paid by whoever is the owner of the property on 1st January of that year. If the property is sold during that year, this can be split between owners. IBI costs are limited to a minimum of 0.4% and a maximum of 1.3% of the property’s catastral value.

What Are the Most Common Mistakes When Selling Property in Spain? 

Here are five of the most common errors that can stop a Spanish property sale from being a smooth process.

1. Overpricing. Setting an unrealistic price may turn away potential buyers and mean your property stays on the market longer than you would like. Research the local market and talk to your estate agent to work out a realistic price. 
2. Lack of property preparation. Maintenance issues or noticeable areas that need repair can turn off potential buyers who don’t want to take these on themselves. Get any maintenance or repairs completed before you put the property on the market to attract the right buyers. 
3. Choosing the right professionals. Do your research and ask for recommendations for a notary, legal professional and estate agent to ensure you follow the correct procedures and gain the right documentation. 
4. Ignoring financial considerations. Ensure you have paid any bills or taxes that could hold up your sale. Talk to your advisor for help with this area. 
5. Lack of appropriate documentation. If you have had major construction work done and don’t have your obra mayor, then this could delay a property sale. Make sure you have all of the right paperwork in your possession before you put your home on the market to ensure there are no delays and you don’t lose money on a failed sale. 

Should You Use Professional Help to Sell Your Spanish Property? 

Gaining expert professional advice is a sensible step when you’re trying to sell a property in Spain. You’re dealing with a substantial investment and your property is likely very important to you, so having specialist support from people who know the industry can help you navigate through the process. 

Unfortunately, there can be occasions when a home improvement cannot be retrospectively authorised. This is where the alteration made is clearly outside of Spanish building law. For example, if an additional storey has been built on the property which takes the property beyond the legally allowed square metres of living space. In these cases, even more time will be required in order to find a solution.

In most circumstances, it is possible to put requirements in place, but it does take time. If you’re putting your property on the market, it’s important you confirm that the necessary paperwork is in place as soon as possible. Whatever your reasons for selling, the last thing you want is the process put on hold and your buyer looking somewhere else for their purchase.

Orinigally published on 21st September 2021, updated on 20th June 2025