Note
Buying a resale home in Spain
Quick answer
A resale is bought from a private owner and carries the regional transfer tax. The risks are in its history: charges, unpaid fees and defects. Read the registry entry, ask for the papers and remember the seller stays liable for non-obvious defects unless you release them.
Applies toBuyers of a home that someone has lived in or owned before. New homes sold by a developer are covered separately.
On this page: 7 sections
§ 1How a resale differs
In a resale the seller is an earlier owner. Nobody guarantees the building as a developer does, and the main protections come from the registry and from the seller's liability for hidden defects. The price is usually negotiable, and the home can often be seen and used immediately, which makes the process more familiar, but the history matters more.
§ 2The tax
A resale carries the regional transfer tax, which is set by the region, and the new-home VAT does not apply. The tax base is the higher of the official reference value and the price, according to the 2021 anti-fraud law, which means the base can be higher than the contract price. The region sets the rate, so the costs section shows the rate for each region in turn.
§ 3The checks that matter most
Registrars advise checking the registry entry, the last property tax receipt, the community fee position and the energy and habitability certificates before signing. Read the entry for the owner, the description of the home and every charge. A simple extract is informative only, while a certificate of ownership and charges is a public document usable in court, so decisions that matter should be backed by the second. Registration protects the buyer against the seller's creditors and hidden charges, which is why the deed should be registered quickly.
§ 4Defects and the seller's liability
The seller remains liable for defects that are not obvious unless the buyer releases them. Do not sign a release without advice. For older homes, a survey by a qualified technician is worth the cost, particularly for damp, roofs, wiring and structural cracks. Ask the seller in writing about known problems and works done, and keep the answers.
§ 5The community and the neighbours
A resale places you in an existing community of owners. Ask for a certificate of fee payments and for the minutes of recent meetings, which show approved works and disputes. Debts of the community can follow the home, so this check protects you from paying for the seller's past.
§ 6How resale compares
A resale is quicker to complete and often cheaper in tax, while a new home carries guarantees. For the guarantees, cover for structural defects explains what a new build adds, and what a new build involves describes the route.
If the home is still being built, the off-plan route adds its own risks, and how deposits are protected explains the protection.
The developer's side of the market is covered in risks with the developer and handover day.
Finally, the cooperative route is a third way to get a new home, and buying new versus resale compares them all.
§ 7Before you make an offer
Compare the asking price with similar homes that have sold, not only those advertised. Ask the seller why they are selling and how long the home has been on the market. Check the energy certificate and, where required, the habitability certificate. A home priced far below similar ones often has a reason, and the reason is usually in the papers.
FAQRelated questions
What tax do I pay on a resale?
Transfer tax, charged at whatever rate the home's region sets. Its base can be above the contract price, because an official valuation may be used when higher. The costs and taxes section covers the regions one by one.
Does the seller have to tell me about defects?
Some liability stays with the seller for faults you could not see, unless you give it up in the contract. You must still inspect and ask questions, so read any release clause with a lawyer and consider a survey for an older home.
How do I know the seller owns the home?
Read the registry entry for the owner, the description and the charges. A simple extract is informative only, so have your lawyer confirm the point that matters through the proper certificate before you pay a deposit.
Sources
- Consejo General del Notariado: Houses and real estate properties (official source, opens in a new window), Steps, documents and the notary's roleLast checked 17 October 2026
- Boletín Oficial del Estado: Ley 11/2021 de prevención y lucha contra el fraude fiscal (BOE-A-2021-11473) (official source, opens in a new window), Reference value as ITP tax baseLast checked 17 October 2026
- Agencia Tributaria: Compro una vivienda: ¿tengo que pagar IVA o ITP? (official source, opens in a new window), Calificación IVA / ITPLast checked 17 October 2026
- Colegio de Registradores de España: Cómo comprar una vivienda en España (edición revisada, February 2020) (official source, opens in a new window), The five steps, nota simple, taxes and costsLast checked 17 October 2026
Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.