Do I need to be in Spain to sell my property?

No. You can grant a Power of Attorney and the lawyer manages the entire process on your behalf, including signing the deed and collecting the proceeds.

What happens to my mortgage when I sell?

It must be cancelled on or before completion; the lawyer coordinates with the bank and notary for full cancellation and title release.

What is the 3% retention when selling as a non-resident?

If you are a non-resident seller, the buyer withholds 3% of the price and pays it to the tax office; you can reclaim it if your actual tax due is lower.

What taxes does the seller pay in Spain?

Capital Gains Tax (19% for EU/EEA, 24% for non-EU) and the municipal Plusvalía on the land-value increase, which can be contested if you sold at a loss.

Can I sell a property that is still in probate?

Yes — once the inheritance is registered in your name and the taxes are settled.

Selling your property in Spain

Q: Can I sell before my NIE is valid?

No. You must hold a valid NIE before signing at the notary, though it can be obtained or renewed for you.

Q: How long does selling a property in Spain take?

Typically 6–12 weeks, depending on the buyer's financing and paperwork readiness.

Editorial transparency and use of artificial intelligence

This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.

This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.

Page Created 20 January 2022 – Page Updated 05 October 2025

Sell with confidence, wherever you are.
CostaLuz Lawyers handles the legal, tax, and practical details of your property sale in Spain — securely, transparently, and without hidden costs.

Whether you’re in Spain or abroad, we protect your interests from reservation to completion, making sure every euro you’ve earned reaches your account safely.

Why You Need a Lawyer When Selling

Get a free written analysis of your case

Email your questions to marialuisa@costaluzlawyers.es and our team gives you a free, personalised written analysis — you can attach any documents or forms. Once everything is clear in writing, we offer an optional free introductory call. The initial written analysis carries no fee (international tax consultancy starts from €200 + VAT).

Email your case → marialuisa@costaluzlawyers.es · WhatsApp · Book the optional intro call

Selling real estate in Spain involves several moving parts — legal checks, tax clearances, NIE numbers, notary signatures, and payments through Spanish banks. A lawyer ensures:

The buyer’s deposit and completion funds are held and released correctly.
All debts, community fees, utilities, and taxes are settled before transfer.
The sale deed (escritura de compraventa) is accurate and notarised.
Capital Gains and Plusvalía taxes are calculated and paid properly.
Your net proceeds are transferred securely, even if you’re abroad.

Our bilingual team coordinates with estate agents, buyers, and notaries — so you don’t have to chase anyone.

What We Do For You

1. Pre-Sale Review

Verify title, charges, and encumbrances.
Check Energy Certificate and other legal documents.
Confirm your ownership data and NIE are up to date.

2. Reservation & Deposit Stage

Draft and review the reservation or private contract (arras).
Negotiate payment timing and buyer conditions.
Hold deposit safely in our client account when needed.

3. Notary & Completion

Prepare the final sale deed with the notary.
Attend and sign on your behalf (via Power of Attorney) if you’re abroad.
Ensure the buyer’s payment and mortgage funds are verified before signing.

4. Post-Sale Obligations

Settle municipal Plusvalía Tax and Capital Gains Tax (CGT).
File the non-resident seller’s CGT refund if applicable (3% retention).
Notify the Land Registry, community, and utilities of the ownership change.

Seller Tax Highlights (2025)

Tax Type	Who Pays	Key Notes
Capital Gains Tax	Seller	19% for EU/EEA, 24% for non-EU. Deductions for purchase costs and improvements.
Plusvalía Municipal	Seller	Local tax on land value increase; can be recalculated or contested if loss on sale.
3% Withholding (Retención)	Buyer	Applies when seller is non-resident; can reclaim if CGT < 3%.
Community & Utility Clearance	Seller	Must be paid up before completion; lawyer provides certificates.

We prepare the calculations and handle filings directly with the Spanish Tax Agency and local council.

If You’re Selling From Abroad

You don’t need to fly to Spain. We handle everything under a Power of Attorney, including signing the deed, collecting proceeds, and filing taxes.
Funds can be transferred to any international account after deductions and clearances.

Legal Tips From Our Lawyers

Never sign or accept a deposit before legal due diligence on the buyer and property.
Keep all invoices and records from renovations — they can reduce your CGT.
Ask about Plusvalía recalculation if selling below your purchase price.
Plan currency exchange early to protect sale proceeds against rate swings.
If you inherited or jointly own the property, confirm title before marketing it.

FAQs — Selling Property in Spain (2025)

Do I need to be in Spain to sell?
No. You can grant us a Power of Attorney; we manage the entire process on your behalf.

Can I sell before my NIE is valid?
You must hold a valid NIE before signing at the notary. We can obtain or renew it for you.

What happens to my mortgage?
It must be cancelled on or before completion. We coordinate with the bank and notary for full cancellation and title release.

How long does a sale take?
Typical sales complete within 6–12 weeks, depending on the buyer’s financing and paperwork readiness.

What is the 3% retention?
If you’re a non-resident seller, the buyer must withhold 3% of the price and pay it to the tax office. You can claim a refund if your real tax due is lower.

Can I sell property still in probate?
Yes, once inheritance is registered in your name and taxes are settled. We handle both steps.

Why Choose CostaLuz Lawyers

Over 20 years helping international owners buy and sell safely in Spain.
End-to-end handling: legal, tax, financial, and administrative.
Transparent fees and secure client accounts.
Bilingual lawyers who explain every step in plain English or Spanish.
Dedicated post-completion follow-up until all taxes are settled.

Next Step

Selling your Spanish property? Let’s make it seamless and secure.
Contact CostaLuz Lawyers for a no-obligation consultation and a clear cost estimate before you start.

Sell smart. Sell safely. Sell with CostaLuz Lawyers.
We’ll handle the paperwork — you keep the peace of mind.

Contact us today to start your journey!

Related Property Buying Guides

Disclaimer: This information is provided for general guidance purposes only and does not constitute personalised tax or legal advice. Each case must be assessed individually according to the client’s specific circumstances. It is essential to consult a qualified specialist before taking any action or making any decision.

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.

Buying or selling property in Spain?

We protect both sides of your Spanish property transaction from offer to deed. Bilingual help across southern Spain since 2006.

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Reviewed by María Luisa de Castro, CEO at CostaLuz Lawyers — Updated 2026

This is general information, not definitive legal advice — every case requires individual analysis.