PropertinspainBuying in Spain from abroad

Note

Deposit when buying property in Spain

By Inés Arroyo VidalReviewed by Marta Calderón IbáñezPublished Updated Stage 4: Check and contract

Quick answer

The deposit may be a reservation fee, arras or an advance on the price. What it is called matters less than what the paper says: what it counts for, who holds it and when it returns. Pay by bank transfer, keep proof, and for off-plan homes check that advance payments are secured.

Applies toBuyers asked to pay a sum before the deed and who want to keep the money safe.

On this page: 8 sections
  1. One word, several meanings
  2. What the deposit counts for
  3. Who holds the money
  4. How to pay
  5. New-build protection
  6. Getting the money back
  7. Keep a record
  8. More on this topic
Checked 26 October 2026by Marta Calderón Ibáñez. Claims on this page are tied to the sources listed at the end.

§ 1One word, several meanings

“Deposit” is used for the reservation fee, for arras and for an advance on the price. What matters is the paper that goes with it. Money paid before the deed is at risk until the deed is signed, and the contract that governs it is described in an overview of contracts before completion.

§ 2What the deposit counts for

If the paper is a reservation, the money is a fee to hold the home and may or may not count toward the price. If it is arras, it is a payment on account, and its effect depends on the type, as explained in how arras work. If it is an advance under a private contract, it counts toward the price and may be tied to conditions. Ask the paper to say which of these it is.

§ 3Who holds the money

The holder matters. If the seller holds it, you rely on their willingness to return it. If an agent holds it, you rely on the agent. A notary, a lawyer’s client account or an escrow provider is safer. Ask your lawyer to propose a solution, and to record it in the contract. The notary prefers bank transfer or nominative cheque for the main payment, and the same logic applies to deposits.

§ 4How to pay

Pay by bank transfer to an account in the name of the holder, with a reference that names the property and the purpose. Check the account holder before you send. Keep the transfer receipt and the paper. Avoid cash, and avoid paying into a personal account of an agent or of someone whose link to the seller you cannot confirm. Fraud often starts with a change of account details, and the page on scams explains the pattern.

§ 5New-build protection

For homes bought on plan, the law requires advance payments to be secured and held in a separate account. The developer should give you proof of the guarantee. Before paying, verify the developer’s registration, the ownership of the land and the building licence. If the developer cannot show them, do not pay.

§ 6Getting the money back

The paper should say when the deposit returns: if the checks fail, if finance is refused, if the seller does not deliver the documents, if the seller withdraws. If it says nothing, ask for a clause. Without one, you may need a legal claim to recover the money. The next page, the rules on pulling out, explains what happens when a buyer withdraws.

§ 7Keep a record

Record in an email every payment, its purpose and the holder. If a dispute arises, a clear trail is your strongest evidence.

§ 8More on this topic

How the reservation contract works explains the short paper that takes a home off the market and how the private purchase contract works explains the contract signed before the deed.

FAQRelated questions

How much should the deposit be?

There is no single rule. The amount is negotiated and varies with the type of paper and the market. A smaller sum limits what you can lose. Whatever the amount, make sure the paper says what it is for and when it returns.

Who should hold it?

Ideally someone neutral: a notary, a lawyer’s client account or an escrow arrangement. If it goes to the seller or the agent, the risk is greater. Whoever holds it, pay by transfer and keep the proof.

Is it protected on a new-build?

Off-plan, the developer must back your advances with security and use a dedicated account. Obtain proof of both before paying anything, and let your lawyer examine it.

Sources

About this page

Written by

Inés Arroyo Vidal

Writer, taxes, legal steps and money

Inés writes the chapters on taxes, the legal process, mortgages and money, renting, owning and selling. She works from the laws and the official pages that apply them, quotes the section she relied on and says plainly what she could not confirm. She is not a lawyer or tax adviser.

Reviewed by Marta Calderón Ibáñez, chief editor and source editor, 26 October 2026. Checked: Figures and rules checked against the official texts listed below

Found an error? Report it. Each report gets a dated reply, and confirmed corrections are logged on the updates page.

Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.