Note
The process of selling a house in Spain
Quick answer
You set a price, find a buyer, agree terms, sign a private contract with a deposit, collect the papers, sign the deed before a notary, release any loan and hand over. A non-resident seller also expects a withholding and later a tax return. A lawyer should read each contract.
Applies toOwners who want the sequence of a sale from the first decision to the handover.
On this page: 8 sections
§ 1Before you list
Collect the papers described in more on documents for selling, ask a lawyer to check them and ask a tax adviser to estimate the tax on the sale.
Decide your lowest price and whether you will use an agent, as more on agent commission explains. Check that the registry description matches the real home, because a difference will surface at the notary. This page belongs to the chapter on the rules on selling.
§ 2Listing and offers
An agent or you advertise the home, show it, receive offers and negotiate. Keep the offers in writing. Do not accept a deposit or sign an exclusive agreement before you have read the terms. If the home carries a loan, ask the lender for a payoff estimate as more on selling with a mortgage explains, so that you know the minimum price that clears it.
§ 3The private contract
Once you agree, the parties usually sign a private contract with a deposit, often called arras. It sets the price, the date of the deed, who pays which costs, what is included and what happens if one side withdraws. The effect of the deposit depends on the wording, and we did not read the civil code article that sets the types, so ask your lawyer to explain the version in your contract. Do not sign without reading it in a language you understand.
§ 4Documents and checks
Before the deed, the notary and the buyer’s lawyer will check the registry, the debts, the community certificate and the energy certificate. A debt of the property, such as unpaid community charges, can follow it, as the law states for the last expired part of the year and the previous three calendar years. Pay what you owe before the deed or have it deducted from the price in writing.
§ 5The deed
The deed is signed before a notary, in person or by power of attorney. The notary reads it, checks the identities, and records the price and the payment. For a non-resident seller, the notary also deals with the withholding information, as the capital gains section explains. You hand over the keys at the deed or just after it.
§ 6After the deed
The buyer files the property for registration, pays the transfer taxes and withholds the percentage for your tax account when you are not resident. You must cancel supply contracts, tell the community and the town hall, and cancel the insurance only after the handover, as the chapter on home insurance explains. You file your own tax return for the gain within the time that the capital gains section explains.
§ 7Selling from abroad
If you cannot attend, a power of attorney can allow someone to sign the deed. Limit it to this sale, name the price floor and the buyer if possible, and keep a copy. The notary will check the authority. The chapter on managing from abroad explains how powers work for owners abroad.
§ 8Delays
The common causes of delay are mismatched registry records, an unpaid community debt, a lender slow to release, a missing certificate and a buyer waiting for a loan. More on how long a sale takes explains how to reduce them.
FAQRelated questions
What is the earnest-money contract?
The arras contract is a private agreement signed before the deed in which the buyer pays a deposit. The effect of withdrawing depends on the type of arras and the wording, so have a lawyer read it before you sign.
Who chooses the notary?
The buyer usually chooses, and the deed is signed there. As seller you can be represented by a power of attorney. Ask who pays the notary and registry fees, since the legal section explains how the costs of a purchase are normally split.
When do I receive the money?
Normally at the deed, often by banker’s draft or transfer, and the loan, if any, is paid off at the same time. Cash payments are limited by law, so ask your lawyer how the payment will be made.
Sources
- 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
- 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
- Ministerio para la Transición Ecológica: Real Decreto 390/2021: energy performance certification of buildings (official source, opens in a new window), When the certificate is mandatory, validity, registration, advertisingLast 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.