Selling a property in Spain: procedures and necessary documentation

Selling a house in Spain can be a complicated process if you are not clear about the necessary paperwork and documents. Each step up to the signing of the deed of sale requires careful attention and submission of the necessary paperwork to sell a property.

Knowing these requirements when selling a property in Spain not only facilitates the process, but also ensures that the transaction goes smoothly and safely for both parties. In this article, we will provide you with a detailed guide on the documents required to sell a property, the steps to be taken and the associated costs, so that you can sell your property with complete peace of mind and efficiency. With the right information, you will be able to face the sale process with confidence, and ensure that everything is done in accordance with current regulations.

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What documents do I need to sell my home?

To ensure that this type of operation is carried out legally and safely, a series of procedures must be carried out for the sale of an apartment. In addition, we must also present the documents that we are going to explain below.

The importance of these requirements goes beyond mere bureaucracy; their fulfillment is essential to protect the interests of both the seller and the buyer, ensuring that the procedures for the sale of an apartment are carried out in a transparent manner and without future complications.

• Guarantees the legality of the transaction: The presentation of documents such as the home purchase document (title deed), and the simple note from the Land Registry allows us to verify that the seller is the legitimate owner of the property. It also allows us to know that the house is free of charges and encumbrances, protecting the buyer from possible frauds. 

The energy certificate is also necessary to sell a house, so the lack of this document can hinder the transaction.

• Transparency and trust between the parties: Having all the papers to sell a house in order, such as the energy certificate and the certificate of the community of owners, generates trust between the parties involved in the transaction. 

The buyer can be sure that the property complies with the legal requirements and that there are no outstanding debts, facilitating the negotiation and the closing of the sale.

• Avoid future legal problems: The lack of some documents required to sell a house can lead to legal problems in the future. For example, it is possible to sell without an energy certificate, but this could lead to administrative sanctions. Also, not presenting the last IBI receipt could generate conflicts regarding the payment of taxes. 

Having everything in order prevents these situations and guarantees a smooth sale.

• Facilitates notary and registry management: Notaries and Registrars require a series of documents to sell a house. 

Having all the necessary documentation for the sale of a house streamlines these processes, allowing the signing of the deed and the registration in the Land Registry to be carried out without delays.

• Compliance with current regulations: Each country has its own regulations regarding the sale and purchase of real estate, and Spain is no exception. 

Complying with the formalities for selling an apartment and presenting the documentation is a legal obligation that avoids penalties, as well as ensuring that the transaction is carried out in accordance with the laws in force. In this way, in addition to protecting buyers and sellers, it also contributes to the order and stability of the real estate market.

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What documents do you need to sell a house in Spain

It is required to gather a series of documents to sell a house in Spain, these must ensure the legality and transparency of the process. In addition to the paperwork, it is essential to be aware of the steps to sell an apartment and comply with all the necessary steps to avoid future problems. 

Having this documentation ensures that the transaction is completed safely and smoothly. We can classify this documentation into:

• Necessary documents: they are essential to carry out the sale.
• Non-necessary documents: although they are not mandatory, they can facilitate the process and provide added value to both the seller and the buyer.

Documentation and essential papers to sell a house

Title deed

This document proves that you are the legal owner of the property. It is essential to prove your right to sell the property. Without this document, you cannot proceed with the sale.

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Energy certificate

Report that classifies the energy efficiency of the property. The energy certificate is necessary to sell a house. Since 2013, it is an essential and mandatory legal requirement, therefore, the lack of this certificate can lead to penalties and hinder the sale.

Last receipt of the IBI (Real Estate Tax)

It proves to be up to date of this municipal tax. It can be obtained through the web site of the corresponding Town Hall. 

Certificate of the community of owners

Certificate issued by the Administrator and signed by the President that certifies that you have no debts with the community of owners. This document is necessary to avoid problems in the future with the community of owners, and guarantees the buyer that he/she will not be responsible for outstanding debts.

Nota simple del Registro de la Propiedad

Document that shows the legal situation of the property, who is its current owner and that it is free of charges and encumbrances. It is usually requested from the Land Registry a few days before the sale, once the negotiation has been closed.

However, on the day of signing the public deed of sale, the acting Notary will request and attach to the deed a simple note issued on the same day or the day before, which guarantees the most updated legal situation, in order to avoid fraud and provide the deed with all possible guarantees.

Documents that are not required for the sale of a house but are advisable to have

Although not all documents are strictly necessary for the sale of a house, some can be very useful to facilitate the buying and selling process. 

These documents to sell a house and additional documents, not only provide greater confidence to the buyer, but also accelerate the operation, offering an added value that can make your property stand out from others in the market. 

Among these procedures is the possibility of providing detailed information on the layout of the property.

Floor plan of the property

A document showing the layout and dimensions of the property. Helps buyers better understand the structure and space of the property, which can facilitate the sale by providing additional information.

Installation bulletins

Certificates attesting to the conformity of the gas, electricity and water installations.

Certificate of occupancy

Document issued by the Town Hall that certifies that the property is fit to be inhabited. Especially relevant for new or recently refurbished homes, ensuring that they comply with the requirements of habitability and urban planning regulations.

Mortgage cancellation deed

If the property had a mortgage that has already been paid off, but the lifting of this charge has not been registered at the Land Registry, this document shows that the mortgage has been officially cancelled.

Zero debt certificate

Issued by the bank, confirms that there are no outstanding debts related to the mortgage.

Utility bills

Show that payments of utility bills such as water, electricity and gas are up to date.

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Having all the necessary documents to sell a house in Spain not only generates confidence in potential buyers but also speeds up the transaction and ensures it is carried out smoothly without legal or administrative problems. If you’re wondering what documents do you need to sell a house in Spain, we’ve got you covered with all the expert advice you need.

What documentation must be presented to the Notary when formalizing a sale and purchase?

When the time comes to formalize the transaction before a Notary Public, it’s essential to have all the paperwork ready in order to sell a house legally and without complications. 

Presenting the correct documentation not only guarantees that the process of selling a house in Spain is carried out efficiently, but also ensures that the transaction complies with current regulations and protects both parties involved in the sale.

At the moment of formalizing the sale of a house before a Notary Public, it is essential to present the following documents:

• ID of seller and buyer
• Title deed of the property
• Energy certificate
• Last receipt of IBI
• Certificate of the community of owners
• Nota simple del Registro de la Propiedad

Having all the documents to sell a house allows the Notary to check that everything is in order and to ensure the legality of the transaction.

Procedures after selling a house in Spain

Once the sale is complete, it’s important to comply with the procedures after selling a property, such as paying taxes, including the municipal capital gains tax. 

Additionally, certain tasks need to be completed when selling a house in Spain, such as canceling utility services like water, electricity, and gas, or transferring them to the new owner.

What are the costs of selling a property in Spain?

Our Civil Code establishes in Article 1455 that “the costs of granting the deed will be borne by the seller, and the costs of the first copy and all subsequent expenses after the sale will be borne by the buyer, unless otherwise agreed.”

In other words, unless there is an agreement between the parties for their distribution, the costs are shared between the seller and the buyer, in accordance with the provisions of the aforementioned rule.

In the following table, we explain how the costs are distributed and which ones you are responsible for as the seller, in accordance with the law:

Managing all the paperwork and procedures involved in the sale of a property between private individuals can be challenging, especially if you’re not familiar with the specific legal and administrative requirements. 

Having expert advice and professionals in these cases is highly recommended. At Monserrate Inmobiliaria, we are the real estate agency in Valencia specialized in offering you the best properties in the city.

We are ready to assist you at every step of the process of selling a property in Spain, offering a comprehensive service that covers everything from document collection and verification, managing procedures, and negotiating with buyers, to the final signing of the sale deed before a notary.

With Monserrate Inmobiliaria by your side, you can sell your home with complete confidence, knowing that you are in the hands of professionals dedicated to making the sale of your property as smooth and successful as possible.
Don’t let the paperwork and documentation overwhelm you; trust us to guide and support you at every stage of the selling process. Your peace of mind and satisfaction are our priority!