What types of mortgage expenses can British owners reclaim on Spanish properties?

Claimable expenses typically include arrangement fees, appraisal costs, and certain administrative charges incurred during mortgage origination. The specific expenses eligible depend on the mortgage contract terms and when the mortgage was signed.

What is the deadline for reclaiming mortgage expenses in Spain?

The deadline for submitting reclamation claims varies by local regulations and the nature of charges. British property owners should consult with a legal advisor to determine the applicable limitation period for their specific situation.

Are mortgages signed before June 2019 treated differently for reclamation purposes?

Yes, mortgages signed before June 2019 may fall under different regulatory frameworks that could extend reclamation rights. Property owners with pre-June 2019 mortgages should review their contracts with a legal professional to identify eligible costs.

What documentation is required to support a mortgage expense reclaim?

Essential documentation includes the original mortgage deed, statements of account, proof of payments, and correspondence with the lending institution. A complete deed review by a qualified legal advisor is recommended to identify all claimable amounts.

How long does the mortgage expense reclamation process typically take?

Timeframes vary depending on the lender's response, case complexity, and whether legal proceedings are necessary. Most straightforward cases may be resolved within several months, though complex situations can take considerably longer.

Mortgage Expenses in Spain (UK Owners) — Still Time to Reclaim Fees (2026)

Read this first (fast):

Key takeaway (UK owners): If your Spanish mortgage was signed before June 2019, you may still be able to reclaim certain set-up costs (often including notary, land registry and gestoría-related charges). The fastest way to confirm eligibility is a quick deed + invoice review.

What to send (fastest review):

Mortgage deed (“escritura de préstamo hipotecario”)
Invoices/receipts for notary, land registry, gestoría, and valuation (if available)
If the mortgage is repaid: approximate settlement date
Send it here: Contact CostaLuz Lawyers.

Related (recommended):

Want the full mortgage map? Go back to the hub: Mortgage Claims in Spain (Hub).

Q1: Can I Still Reclaim Mortgage Expenses If I Purchased My Property In Spain Before 2019?

A1: Yes, you can! If your property purchase in Spain was before 2019 and you covered all mortgage-related costs, you’re eligible to claim back these expenses. This remains applicable irrespective of the mortgage status or if the property has been sold.

Q2: Why Were Clients Initially Required To Pay All Mortgage-Related Costs?

A2: Before the 2019 Real Estate Credit Contract Law, Spanish banks required clients to bear all mortgage-related expenses. This practice was standard until the legal reforms.

Q3: Is Reclaiming These Costs Legally Justified?

A3: Absolutely. Both the European Court of Justice and the Spanish Supreme Court have ruled that clauses forcing clients to pay these costs are unfair. Therefore, banks are legally obliged to refund various mortgage-related expenses.

Q4: What Costs Can Be Reclaimed and How?

A4: You can reclaim 50% of notary fees and 100% of property registration, administrative, and appraisal fees. This change is due to numerous rulings by European and Spanish courts, solidifying the legal basis for these claims.

Q5: Is There a Deadline for These Claims?

A5: While there’s confusion regarding the deadline, the worst-case scenario suggests it might be April 14, 2024. This includes an extension due to the pandemic. It’s crucial to note that this deadline can be extended by initiating a claim process.

Q6: How To Start The Claim Process?

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Quick deed checklist: List of all abusive clauses a mortgage may contain (updated).

A6: The first step is to file a complaint with your bank’s Customer Service. If there’s no response or it’s negative within two months, you can proceed with a legal claim. Documentation like the Mortgage Loan Deed and relevant invoices are necessary.

Current Eligibility for Mortgage Expense Recovery: Based on various court rulings, you can now recover 50% of notary fees and 100% of property registration, administrative, and appraisal fees, plus legal interest from the date of the mortgage signing.

Initiating a Claim: To begin, file a complaint with your bank’s Customer Service. If unresolved, you can file a lawsuit, requesting the nullification of the abusive clause and reimbursement of documented expenses with legal interests.

Need Assistance with Your Mortgage Expense Claim? Contact Us Now!

Are you looking to reclaim mortgage expenses for your property in Spain? We’re here to help. Contact CostaLuz Lawyers to receive professional guidance tailored to your case.

Which abusive clauses do we check in your Spanish mortgage?

Floor clause (Clausula suelo) — hidden minimum interest rates
Abusive late payment interest — rates exceeding legal limits
Mortgage expenses — notary, registry, and management fees unlawfully charged to the borrower
Opening commission — upfront fees that may be reclaimable
Early maturity clause (Vencimiento anticipado) — allowing the bank to demand full repayment after minor defaults
IRPH — a mortgage index consistently higher than Euribor, often applied without adequate transparency
Multi-currency clauses — loans denominated in foreign currencies exposing borrowers to exchange rate risk

If any of these apply to your mortgage, you may be entitled to a refund. Request a free mortgage review

Legal Notice: The content on this page is provided for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. No action should be taken based solely on this content without first seeking independent professional legal counsel. Each case requires individual assessment based on its specific circumstances. CostaLuz Lawyers accepts no liability for actions taken or not taken based on this content.

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This content has been prepared with the assistance of artificial intelligence and reviewed by María Luisa de Castro, a lawyer specialising in Real Estate Law and founder of CostaLuz Lawyers.

The information provided is general and indicative in nature. It should not be used as the sole basis for making professional, legal or investment decisions, and CostaLuz Lawyers assumes no responsibility for decisions taken solely on the basis of this content.

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