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Selling

Selling property in Spain: how it works, step by step

Jens NorströmReviewed by María González, lawyerJuly 20268 min

Selling your Spanish property is entirely manageable as a Nordic owner — but there are a few tax details that differ from home, and that are easier with the right help at your side. Here we walk through how a sale works, which documents you need, what tax you pay, and that 3% rule that worries so many people needlessly. The goal is that you know exactly what to expect before you put the property up for sale.

1. How a sale works

A sale follows a few clear steps: a valuation of the property, an assignment to your agent, preparing the documents (see the next section), marketing and viewings, a purchase contract (arras) with a deposit, and finally signing before a notary where the balance is paid and the keys handed over. Your lawyer and agent coordinate it for you — especially important if you're in the Nordics most of the time.

2. The documents you need

One thing worth preparing early: gather the documents before you list the property. It makes the sale faster and signals reliability to the buyer.

Good to know

An energy certificate (certificado de eficiencia energética) has been mandatory since 2013 — without it the property can't even be advertised, and the notary can't draw up the purchase contract. Other documents: a current land registry extract (nota simple), the title deed (escritura), the latest IBI receipt, and proof that community fees are paid. General information — your agent and lawyer help you produce everything.

3. The 3% rule — and why you get it back

This is the point that worries the most Nordic sellers, usually needlessly. When a seller is not tax-resident in Spain, the buyer is required by law to withhold 3% of the purchase price and pay it to the tax authority on your behalf.

The refund takes a while to receive (in practice several months), but it comes — and your lawyer pursues it for you.

Good to know

The 3% is not an extra tax — it's an advance on your capital gains tax. You get a certificate (modelo 211) and offset the amount in your return. If your actual capital gains tax is lower than the 3% withheld, you get the difference back; if you sold at no gain, you get the whole amount back. Source: Agencia Tributaria. General information, not tax advice — your lawyer handles the return and the refund.

4. Capital gains tax and deductions

As a non-resident you pay 19% capital gains tax on the gain — that is, the difference between what you bought for and what you sell for, not on the whole sale price. And the gain can be reduced legally:

You can deduct the costs you had when you bought (notary, transfer tax or VAT, lawyer and agent fees) and on the sale, as well as value-adding improvements you made (a renovation, for example — but not routine maintenance). That lowers the taxable gain, sometimes considerably. So keep receipts and invoices for what you've spent. Your lawyer calculates your actual gain and makes sure every deduction is included.

5. What the seller pays

Besides the capital gains tax, the seller normally pays two things: plusvalía municipal — a municipal tax on the increase in land value during your ownership — and the agent's fee. One detail worth knowing: when the seller is a non-resident, the municipality may claim the plusvalía from the buyer instead, so it's often handled at completion. Your lawyer and agent clarify what applies in your case.

6. Selling remotely

Just as with a purchase, you don't need to be in Spain to sell. With a power of attorney (poder), your lawyer can represent you through the whole sale — including the signing before the notary. Many of our Nordic sellers handle the entire deal from home.

Would you rather read about buying, or about what owning involves? See our guides on the buying process and on owning property in Spain (see Read more below).

  • Yes, when you're a non-resident. But it's an advance on your capital gains tax, not an extra cost — and any surplus you get back.

  • 19% on the gain (not on the whole price), and the gain is reduced by your purchase and sale costs and value-adding improvements.

  • Among others an energy certificate (mandatory), nota simple, escritura, the latest IBI receipt and proof of paid community fees.

  • Normally plusvalía municipal (municipal land-value tax) and the agent's fee.

  • Yes. With a power of attorney your lawyer can handle the whole sale for you, including the notary.

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