Note
Spanish mortgage costs and fees: who pays what
Quick answer
Under Ley 5/2019 the lender pays the notary fees for the mortgage deed, the registry fees and the gestoría. The borrower pays the appraisal and any copies requested. Taxes follow the tax rules. Early repayment fees are capped, as the rates chapter explains.
Applies toBuyers who want to budget for a mortgage and know which costs fall on whom.
On this page: 9 sections
§ 1The rule
The mortgage credit law of 2019, Ley 5/2019, allocates the costs of arranging a mortgage. Before it, most of them fell on the borrower in practice. Under the law, the borrower bears the cost of the appraisal, and the lender bears the notary fees for the mortgage deed, the registry fees for registering the mortgage and the gestoría. Copies of the deed are paid by whoever asks for them. Taxes are dealt with under the tax rules. This page belongs to the chapter in how applying for a mortgage works.
§ 2Costs that are not the mortgage
The purchase brings its own costs, which the costs section explains: the transfer tax or VAT, the notary and registry fees for the sale, and the lawyer’s fee. They are separate from the mortgage costs, and your cash plan must include both. The rules on the 2019 mortgage law explains the history of the 2019 law.
§ 3The appraisal
The appraisal is the borrower’s cost. Ask the lender for its price in advance. How the appraisal works explains the appraisal.
§ 4Insurance and linked products
A lender may offer home insurance, life cover or other products. The Bank of Spain’s summary of the law says that tied sales are generally prohibited. You may be asked for a policy, but you should be free to choose where to buy it, within what the law allows. Ask for any condition in writing, and compare the price with other insurers.
§ 5Interest and fees on the loan
The interest, the commissions in the contract and the early repayment charge are set in the contract, within the legal limits. The rates chapter explains the interest, and the early repayment page sets out the caps: for loans signed on or after 16 June 2019, fixed-rate loans may carry 2% in the first 10 years, then 1.5%, and variable-rate loans 0.25% in the first 3 years, or 0.15% in the first 5 years if agreed.
§ 6Reading the information sheet
The standard information sheet lists the costs and says who pays them. Check each line against this page. If the sheet shows the borrower paying for something the law puts on the lender, ask why, and take it to your lawyer.
§ 7Planning
Add the appraisal and any copies to your cash needs, and ask your adviser which taxes apply to the mortgage deed. Keep receipts for each cost. They matter for your records.
§ 8Comparing offers
When you compare offers, put each cost in a table: the interest, the fees in the contract, the insurance, the appraisal, and any cost the sheet puts on you. Add the early repayment terms. Two offers with the same rate can differ by thousands over the life of the loan once these lines are added.
§ 9More on this topic
Spanish mortgage Documents needed explains what lenders usually ask for and how long does a Spanish mortgage take explains the timetable and the legal minimum.
The rules on mortgage brokers explains how to check and use an intermediary and the rules on pre-approval explains what an early indication is worth.
FAQRelated questions
Does the borrower pay the notary for the mortgage?
No, not the fee for the mortgage deed itself. The 2019 law puts those fees on the lender. The borrower pays for copies they request. The notary’s advice meeting before signing carries no fee.
What about the stamp duty on the mortgage?
The law leaves taxes to the tax rules. The costs section of this handbook explains the taxes on the purchase. Ask your adviser who pays the tax on the mortgage deed in your region before you sign.
Are there fees for repaying early?
The law caps them, and the rates chapter explains the caps. Ask the lender what the contract says and compare it with the legal limit. The cap is a maximum, and a contract can charge less.
Sources
- Banco de España, Cliente Bancario: Compensación o comisión por reembolso o amortización anticipada total o parcial de una hipoteca (official source, opens in a new window), Caps for loans signed on or after 16 June 2019Last checked 18 October 2026
- Boletín Oficial del Estado: Ley 5/2019, de 15 de marzo, reguladora de los contratos de crédito inmobiliario (official source, opens in a new window), Articles 8, 10, 14 and 15 read; later articles not readLast checked 18 October 2026
- Banco de España: La ley reguladora de los contratos de crédito inmobiliario (Boletín Económico, 1T 2019, recuadro 5) (official source, opens in a new window), Allocation of costs, early maturity, information dutiesLast checked 18 October 2026
Financial note. No rate is printed unless it comes from a dated, official publication. Capital is at risk, exchange rates move, and no lender, broker or provider is recommended here. Mortgage terms are set by each lender; ask a registered intermediary about yours.