In Spain, the public deed of sale (escritura de compraventa) is the document by which the seller transfers ownership of a property to the buyer in exchange for a price. The notary checks the identity and capacity of the parties, verifies at the Land Registry that the seller is the owner and what charges exist, checks the means of payment and explains the content to you before signing. The deed allows the purchase to be recorded at the Land Registry, which protects you against third parties.
Transactions and documents
Identity documents for the parties are listed below, in the common section.
Sale of a home or commercial premises
The most common transaction.
Property documents (provided by the seller)
- The deed by which the seller acquired the property (title deed).
- The latest Property Tax (IBI) receipt, to check the cadastral reference.
- Certificate from the owners’ association confirming the seller is up to date with fees.
- A valid certificate of occupancy (cèdula d’habitabilitat), required in Catalonia to transfer a home.
- A registered energy performance certificate.
- If the building is more than 45 years old, the Technical Building Inspection (ITE) report, unless the buyer waives it.
- If there is a mortgage to be cancelled, a certificate from the bank showing the outstanding debt.
Payment documents (provided by both parties)
- Details of the payments: evidence of bank transfers or bank cheques, stating the source and destination accounts.
- If a deposit was paid, the private contract and proof of payment.
Other documents requested by the notary’s office
- A Land Registry information note, requested by the notary’s office itself.
- A cadastral certificate, also obtained by the notary’s office.
Dissolution of co-ownership
When a property belongs to several people (for example, a former couple or siblings after an inheritance), dissolving the co-ownership (extinción de condominio) lets one of them keep the whole property by compensating the others.
Documents
- The title by which the property was acquired jointly.
- Latest IBI receipt.
- Evidence of the compensation payments.
Property exchange
Exchanging a property for another asset (another property, or a future building, as when land is handed over in exchange for built flats).
Documents
The same documents are required as for a sale.
New-build declaration and horizontal division
A new-build declaration records a construction or extension at the Land Registry. A horizontal division splits a building into independent homes or premises, each with its own registry entry and share of the common elements.
Documents
- Title deed to the land or building.
- Building permit or municipal authorisation.
- Architect’s or engineer’s completion certificate describing the building.
- Georeferenced coordinates of the area of the plot occupied by the building.
- First-occupation licence or prior notification, where applicable.
- Building logbook and ten-year structural insurance, if built by a developer.
- For a horizontal division: description of each unit, surface areas and ownership shares and, if required, municipal division licence.
Taxes and costs
- Resale home, commercial premises or garage: the buyer pays Property Transfer Tax (ITP). In Catalonia, the rate is 10% up to €600,000.
- New property (first sale by the developer): the buyer pays VAT and Stamp Duty (AJD). In Catalonia, the general AJD rate is 1.5%.
- Seller: usually pays the municipal capital gains tax (plusvalía) and must declare the gain for income tax. If the seller is not resident in Spain, the buyer must withhold 3% of the price and pay it to the Tax Agency. On the sale of the seller’s main residence, the capital gain is exempt from income tax if the seller is over 65 or if the proceeds are reinvested in a new main residence within two years.
- Notary and registry fees: set by law and based on the value of the transaction. We will give you an estimate before signing.
Frequently asked questions
Who chooses the notary?
When buying a home, the buyer has the right to choose the notary, as they bear most of the costs. If the purchase is financed with a mortgage, the choice is still the buyer’s, not the bank’s.
Can I sign if I cannot be there in person?
Yes, through a power of attorney in favour of another person. If you are abroad, you can grant it at a Spanish consulate or before a local notary with an apostille. Please contact us first so that the power includes the necessary authority.
How long does it take to prepare the signing?
With all documents ready, usually just a few days. If there is a mortgage, the statutory borrower information periods must be observed.
What about keys and utilities?
Keys are usually handed over at the signing. The buyer arranges the transfer of electricity, water and gas contracts afterwards, using a simple copy of the deed.
Identity documents (common to all transactions)
Individuals
- Valid ID card, NIE or passport.
- Marital status and, if married, your matrimonial property regime (and any marital agreement deed).
- Foreign nationals need an NIE (foreigner identification number) for transactions with tax implications.
Companies
- Deed of incorporation and current articles of association, recorded at the Commercial Registry.
- The company’s tax ID (NIF).
- Deed appointing the director, or the representative’s registered power of attorney.
- Details for the beneficial ownership declaration.
If you act on behalf of someone else
- Authorised copy of the notarial power of attorney.
This information is for guidance only. Depending on the circumstances, the notary’s office may request additional documents.