Note
Documents needed to sell a house in Spain
Quick answer
A seller normally needs the deed, a recent registry note, the energy certificate, the community certificate, the property tax receipt, the cadastral reference, identity papers and any power of attorney. Start early, since some documents take time. Your lawyer can confirm which apply in your region.
Applies toOwners preparing to sell who want a single checklist of papers.
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: 9 sections
§ 1Why a checklist
The notary, the buyer’s lawyer and the lender all ask for the same papers. Having them ready shortens the process and avoids a failed deed. This page belongs to the chapter on selling for buyers. It lists the documents and who obtains them. Rules differ by region and property, so your lawyer should confirm the list.
§ 2Ownership papers
You need the deed by which you bought, and a recent registry note, called a nota simple, that shows the owner, the description and any charges. The registry body explains that the note is informational, and that a certificate has a different legal value. The description should match the real property. A mismatch, such as an unrecorded extension, should be corrected before the deed. The rules on the selling process explains the process.
§ 3Energy certificate
The royal decree on energy certification of buildings requires a certificate when a building is sold or let, issued by a qualified technician. Order it early, since the technician must visit. Your lawyer should confirm the obligations and any regional rule, and the certificate must usually be shown in the advert.
§ 4Community and local taxes
If the home is in a community, ask the administrator for a certificate of what you owe. The law requires the seller to declare that they are up to date with community expenses, and community credits are preferential. The acquirer answers with the property for unpaid expenses of three previous calendar years. Ask for the receipt of the local property tax, which is tied to the property as the costs section explains. The municipal tax on the increase in value of urban land, plusvalía, is declared on the sale, and the buyer is the substitute taxpayer when the seller is a non-resident individual, so agree who bears it.
§ 5Identity and authority
You need identity papers, and a NIE if you are foreign, as the legal process section explains. If someone signs for you, a power of attorney granted before a notary is needed, and if it was granted abroad it may need legalisation and a sworn translation. The chapter on managing from abroad explains powers.
§ 6Loan papers
If there is a mortgage, the payoff statement and the plan for the deed of cancellation. The rules on selling with a mortgage explains them.
§ 7Other papers
Depending on the property: the building book and guarantees for new homes, the habitability or occupation licence where the region requires it, tourist-let licences if relevant, and utility receipts. We did not read the regional rules on these papers, so ask your lawyer which apply.
§ 8Keep copies
Scan every paper and keep the originals safe. The buyer will ask for copies, and the tax office may ask for them later. The time it takes to get each is described in the rules on how long a sale takes.
§ 9More on this topic
The rules on agent commission explains how selling agents are paid and what to check in the agreement.
FAQRelated questions
Which document takes the longest?
Often the energy certificate, a loan release, a missing registry correction or a foreign power of attorney that needs a translation. Start these first and ask your lawyer which ones apply to your property.
Do I need the energy certificate to sell?
A national decree makes the certificate a requirement when a building is sold or let. Order it from a qualified technician early, and ask your lawyer about any additional regional requirement.
What does the community certificate show?
It shows whether you are up to date with community charges and any special charge approved. The law requires the seller to declare it, and a debt can follow the property, so settle it before the deed.
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
- 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
- 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.