Buying a home is one of the biggest financial decisions in life. In Spain, the public deed of sale authorised by a notary ensures that the transaction complies with the law and allows it to be recorded at the Land Registry. Having your paperwork ready in advance avoids delays on signing day.
Buyer and seller documents
- A valid ID card, passport or NIE (foreigner identification number) for everyone signing. If someone is acting on behalf of another person or a company, the power of attorney or documents proving their authority are also required.
- Marital status and matrimonial property regime, as these determine in whose name the property is registered and who must consent to the sale.
- Means of payment: Spanish law requires the payment of the price to be identified (bank transfers, bank cheques, etc.), so have the details to hand.
Property documents
- The seller’s title deed (the deed by which they acquired the property).
- A recent nota simple from the Land Registry, to check ownership and any charges. The notary’s office also requests one before signing.
- The latest IBI (council property tax) receipt.
- A certificate from the owners’ association confirming that the seller is up to date with community fees.
- The cèdula d’habitabilitat (certificate of occupancy), required in Catalonia to transfer a home.
- The energy performance certificate.
If the purchase is financed with a mortgage
Before signing the loan, the bank must give you the pre-contractual documents, and you must attend the notary’s office so that the notary can explain the terms and answer your questions. This advice is free of charge and is recorded in a notarial certificate. The buyer has the right to choose the notary.
Taxes and costs
Depending on whether the property is resale or newly built, the purchase is subject to Property Transfer Tax (ITP) or to VAT plus Stamp Duty (AJD). The seller usually pays the municipal capital gains tax (plusvalía). We will explain the amounts that apply to your case.
Our advice
Contact the notary’s office before signing a deposit contract (contrato de arras). Reviewing the documents from the outset is the best way to avoid surprises.