selling a property in spain

Selling a Property in Spain.

If you have acquired or inherited a property or land in Spain and you wish to sell it, we can help you sorting out all legal matters in relation to this process. Our Law Firm has wide understanding of Spanish Real Estate Law and international regulations to be able to fully represent and assess our clients in relation to their legal obligations when selling a property in Spain.

The first thing that you must do when selling a property is to verify that everything is according to Law, that is to say, that all deeds, licenses and taxes are up to date. This shall be done immediately after taking such decision of selling for it could affect the conveyance process. You shall verify that the property is properly described in the property deeds. For instance, if you have made a significant update or change in the property, it should be reflected or written in the property deeds; that is to say, if you have added new constructions like a new garage, story, pool, etc., or extensions, you must update the property deed. Our Lawyers can assess you in this regard and issue and updated deed.

On the other hand, you shall notify the aforementioned changes in the property to Catastro Office for you must be up to date with taxes (IBI) and it this Office which calculates Council Tax in relation to the build size of the property. Our attorneys can register the correct information of the house at the corresponding office where the property is located, thus you would only need to pay the owed taxes if applicable.

Moreover, our clients shall issue a Certificate of No Infraction (Certificado de No infraccción urbanística in Spanish) stating if the property in question has or not penalties or fines imposed by the Town Hall; a Certificate of Habitation stating that the house or construction is right for habitation purposes. Both documents are issued in the local Town Hall and both are extremely important to fulfill the sale of the house or flat, for the first will prove that you are a reliable seller, and the second will allow the new owner of the property to connect or reconnect water and electricity; and finally, if it is the case, you shall submit a Certificate issued by the Community of Owners, stating that you are up to date as well with Community Charges.

In addition to the aforementioned documents, you probably will be asked to submit recent water and electricity bills, and the original copy of your NIE number and passport. If by mistake you have misplaced the original copy of your NIE number, our attorney can help you reissuing it without booking an extra flight to Spain.

When selling your property it is important to settle a price according to the market, and also it is important do decide whether you wish to include the furniture or not. Our attorneys know the Spanish housing market and can help you getting a fair payment according to the value of the property and to establish fair and clear terms for the fulfillment of payment by the buying party.

It is important to mention that the Spanish Law does make distinction between Residents and Non-residents, bearing in mind that you shall live in Spain more than 183 days per year to be considered as a resident. Non-residents sellers must know that a 3 percent of the transaction will be deducted (withholding tax). Our attorneys have experience in this regard, thus they can help you reclaiming this amount.

If you need further help, or wish to clear any doubt in relation to sell your property in Spain contact us.


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