Signing the deed is not the end of the paperwork — Spain gives buyers a strict, working-day deadline to pay the property transfer tax, and missing it carries real financial and legal consequences.
The deadline: 30 working days from signing
Buyers must pay Spain’s Property Transfer Tax (ITP) within 30 working days of signing the public deed of sale (escritura pública) before a notary. Working days exclude weekends and public holidays, which is a detail that catches out buyers who count in calendar days instead.
What happens if you miss it
A late payment triggers a surcharge that grows the longer the delay continues, plus statutory interest on the amount owed. Delays stretching past 12 months can result in a penalty of up to 20 per cent of the tax due — a substantial addition to an already significant bill.
Why it matters beyond the money
The Land Registry will not complete your inscription until ITP is paid. Until that happens, your ownership is not fully protected under Spanish law in the way a completed registration provides, and you cannot cleanly resell the property in the meantime.
Regional variation is real
30 working days is the standard deadline used across most of Spain’s autonomous communities, but exact rules and any regional extensions can differ. Confirming the specific deadline for the region your property is in, rather than assuming the general rule applies everywhere, avoids an unpleasant surprise.
Call us today on +34 919 499 342 or email marialuisa@costaluzlawyers.es to make sure your ITP filing is handled correctly and on time.
Frequently Asked Questions
How many days do I have to pay ITP after buying a property in Spain?
The standard deadline is 30 working days from the date you sign the public deed of sale (escritura) before the notary. Working days exclude weekends and public holidays, so the real calendar window is usually longer than it first looks.
What happens if I miss the 30-working-day deadline?
Hacienda applies a surcharge that increases the longer you wait, plus statutory interest. In serious cases, delays of over 12 months can lead to a penalty of up to 20 per cent of the tax due, on top of interest.
Does a late ITP payment affect my Land Registry inscription?
Yes. The Land Registry will not finalise your inscription until the tax has been settled, which means you do not have full legal protection over the property — and cannot resell it cleanly — until it is paid.
Is the 30-working-day deadline the same in every region of Spain?
30 working days is the standard used in most autonomous communities, but the exact deadline and any regional extensions can vary, so it is worth confirming the specific rule for the region your property is in.
Who is actually responsible for paying ITP — the buyer or the seller?
The buyer. ITP is a tax on the transfer of the property to the new owner, so responsibility for calculating, filing and paying it falls on whoever is buying.
Unpaid transfer tax can hold up your Land Registry inscription — see how long registration itself actually takes once the tax is settled.
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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