The necessary documents to buy or sell a property in Spain

To sell a property with all the guarantees, you need to obtain a series of documents and go through a series of phases.

The purchase of a house involves a significant investment and requires certain documents to carry out the sale. This ensures that legal procedures are carried out correctly, guaranteeing compliance with the law and avoiding future problems. In this article, we discuss the necessary paperwork for buying a home.

Documents provided by the seller of a property to sell a property in Spain in 2024, a seller needs the following documents:

Property deed: Document proving ownership of the property Status of the property in the Property Registry: This verifies if there are any charges (if so, they would need to be cleared before the sale) Energy efficiency certificate: Shows the energy consumption of the property and is mandatory for selling a house, Habitation certificate or first occupancy license: Guarantee that the property meets minimum habitability requirements, Certificate of debts with the homeowners’ association (if applicable): Must be signed by the administrator and the president Statutes of the homeowners’ association and documentation of recent meetings Building book (if applicable) Last property tax receipts (IBI): It is recommended to have at least the last four. 

Not mandatory, but advisable Process and procedures for selling a property These are the steps and procedures to follow to carry out the sale of a second-hand house:

Reservation

The reservation is a non-mandatory private document by which the buyer provides the seller with a small amount to secure the sale

Option contract

The option contract is another contract by which the buyer gives the seller an amount (usually higher than the reservation) to guarantee the transaction. Differs from the reservation contract by setting a deadline, conditions, and penalties for the party that backs out.

Deed signing

The operation is formalized by signing the deed before a notary, thereby changing the ownership of the house. After this step, the buyer will have to pay the ITP (Property Transfer Tax) within the next 30 days after the sale of the property. The amount depends on the autonomous community and ranges between 4% and 13% of the property value.

Registration of the house in the Property Registry.

To register the property in the Property Registry, only three documents are required:

An authorized copy before a notary of the public deed of sale The Self-Assessment Form justifying payment of the Property Transfer Tax corresponding to your autonomous community Proof of having submitted the document for payment of municipal capital gains tax Change of ownership in the Cadastre. You can change the ownership of the property through the virtual Cadastre.

Documents to sell a property as a non-resident If you want to sell your house in Spain as a non-resident and pay taxes in another country, you will need to provide some additional necessary documents in addition to those already mentioned. You will also need to provide your passport and proof that you pay taxes in another country.

Additionally, you should note that all documents provided in a foreign language must have an apostilled translation, that is, an official translation certifying the authenticity of these documents into Spanish.

Payment of property tax (IBI) It should be noted that the Property Tax (IBI) must be paid annually, and the amount of this tax depends on each municipality.

Change of ownership for utilities.

You must register the utilities, and to do so, you must contact the companies that provide them and inform them of the change of ownership.

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