Chapter
Selling property in Spain as a foreigner
Quick answer
A sale needs a price, a buyer, the documents, a contract, a deed at the notary and the release of any loan. A non-resident seller faces a three percent withholding by the buyer and later tax on the gain. We give no price scale for agents or time to sell, because we found no official data.
Applies toOwners who plan to sell a Spanish home and want the sequence, the papers and the tax in one place.
This area of Spanish law is complex. We could not open the legal text behind the point below in full on the official site, so we state it as it is generally understood and have not checked it word for word. Before you rely on it, ask an independent Spanish lawyer who acts for you to confirm it for your case.
- Where the seller is an individual who is not resident in Spain, the buyer is the substitute taxpayer (art. 106 TRLRHL).
On this page: 12 sections
§ 1The shape of a sale
Selling a home in Spain follows a pattern. You set a price, find a buyer, agree the terms, sign a private contract with a deposit, collect the documents, sign the deed before a notary, release any loan and pay the taxes. For a non-resident owner, the tax side has special features. This page belongs to the section on how owning and selling works, and the five pages that follow explain the main steps.
§ 2Process
The selling process follows the sale from the first decision to the day of the deed, including the earnest-money contract, the work of the notary and the registry, and the handover. It also says what a power of attorney can do for an owner who is abroad. It builds on the legal process section, which explains how the purchase works from the other side.
§ 3Time
How long a sale takes explains why we give no average time to sell. We found no official statistics on the time between listing and completion, and the answer depends on the place, the price and the papers. The page explains the steps that cause delay and how to shorten them.
§ 4Agents
Agent commission explains how an agent works, what a commission means, and what to ask before you sign an exclusive agreement. We found no official scale for fees and name no agent. The page explains how to compare offers and how to read the contract.
§ 5Selling with a loan
Selling with a mortgage explains how to sell a home that still carries a mortgage: ask for the payoff statement, plan the cancellation, and understand the early-repayment terms in your loan. The mortgages section explains the law on those terms.
§ 6Documents
Documents for selling lists the papers a sale needs, among them the deed, the registry note, the energy certificate, the community certificate and the tax receipts, and says who obtains each.
§ 7Tax on the sale
The tax on the gain, the withholding of 3% that the buyer makes if you are not resident, and the reliefs are explained in the section on capital gains when selling. In short, the buyer pays the withholding to the tax office within one month of the transfer, as an advance on your tax. The municipal tax on the increase in value of urban land is a separate local tax, and where the seller is a non-resident individual the buyer is the substitute taxpayer, according to the text we read, so agree with the buyer who bears the cost.
§ 8Before you list
Ask a lawyer to check that your papers are in order and that the registry matches the real home. Ask your tax adviser to estimate the tax on the sale, in Spain and at home. Ask the community administrator for the certificate of what you owe. A home with clean papers sells faster.
§ 9Next steps
Start with the process page, then the documents page.
The chapter on ownership structures for buyers matters if the property is held jointly or has a usufruct.
The chapter on an overview of home insurance explains how to keep the cover in force until the deed. The chapter on an overview of managing from abroad explains who can sign for you.
§ 10If you are selling from abroad
You can sell without being in Spain if someone holds a power of attorney for the sale. Make it specific, keep the original safe and ask the notary what the buyer’s side will accept. The chapter on managing from abroad explains authority in general terms. Keep your tax adviser involved, because the return for the gain is filed by you, not by the buyer.
§ 11A realistic net figure
Before you accept an offer, write down the price, then subtract the loan payoff, the agent’s fee, the local tax, the withholding and the tax on the gain, your adviser’s fees and any works you agreed. Compare the result with what you need. Sellers who skip this step are the ones surprised by the sum that actually reaches their account.
§ 12Other chapters in this section
What to know about setting up the home explains how to connect supplies and settle in after completion.
FAQRelated questions
Where do I start?
Collect the property papers, check the registry note matches reality, settle community charges and the local property tax, and ask a tax adviser what the sale will cost you. Then decide on an agent or a private sale.
Does the buyer hold back money?
If you are not resident in Spain, the buyer must withhold a percentage of the agreed price and pay it to the tax office as an advance on your tax. The costs section explains the rate, the form and how to reclaim any excess.
Can I sell from abroad?
Yes, with a power of attorney granted to someone you trust, or by travelling to sign. Check what the authority covers, and keep the notary’s copy. The managing-from-abroad chapter explains how authority works.
Sources
- Agencia Tributaria: Modelo 211: instructions (withholding on purchase of property from a non-resident) (official source, opens in a new window), Who files, the retention and the deadlineLast checked 17 October 2026
- Boletín Oficial del Estado: Texto refundido de la Ley Reguladora de las Haciendas Locales (RDLeg 2/2004, BOE-A-2004-4214) (official source, opens in a new window), Arts. 60 to 77 (IBI) and 104 to 110 (municipal tax on the increase in value of urban land)Last checked 17 October 2026
- Colegio de Registradores de España: What is the difference between a nota simple and a registry certificate? (official source, opens in a new window), Legal value, who can request, contentLast checked 17 October 2026
- Boletín Oficial del Estado: Ley de Propiedad Horizontal (Ley 49/1960, BOE-A-1960-10906) (official source, opens in a new window), Arts. 7, 9, 10, 13, 16 and 17 (consolidated text of 3 October 2026)Last checked 26 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.