Deeds relating to real estate
A public deed records property transactions such as sales, mortgages and acknowledgements of payment, allowing them to be entered in the Land Registry.
Select your matter
The sale of a property requires a public deed in order to transfer ownership and be entered in the Land Registry. Below you will find the documents you will need depending on your situation.
A) Seller's documents
Identification
Valid DNI/NIE or passport.
If acting through an attorney-in-fact: the original power of attorney deed (a photocopy can be sent in advance, but the original is essential on the day of signing).
Title deed
Original or plain copy (copia simple) of the acquisition deed, or an extract from the Land Registry (nota simple).
The keys to the home must also be brought along.
Cadastral reference (referencia catastral)
The latest IBI (property tax) receipt for the property.
Certificate from the owners' association (comunidad de propietarios)
A certificate showing that the property has no debts with the owners' association or, where applicable, the status of any outstanding debts.
Energy Performance Certificate
Duly registered with the competent authority of the Autonomous Community.
Encumbrances and tenancy
State any encumbrances on the property and whether or not it is let.
If the seller lives abroad
They must provide a certificate of tax residence in Spain.
Otherwise, the buyer must withhold from the seller the amount of the Plusvalía (municipal capital gains tax) and 3% of the sale price.
B) Buyer's documents
Identification
Valid DNI/NIE or passport.
If acting through an attorney-in-fact: the original power of attorney deed (a photocopy can be sent in advance, but the original is essential on the day of signing).
Means of payment
Identify the means of payment and provide reliable proof of them (bank transfers, bank cheques, etc.).
If the seller is not tax resident in Spain
The buyer must withhold from the sale price the amount of the Plusvalía (municipal capital gains tax) and 3% of the sale price.
C) Special documents depending on the parties
In some cases additional documents are required depending on the circumstances of the parties involved.
Article 160 of the Ley de Sociedades de Capital (Spanish Companies Act)
Spanish companies only: For both selling and buying companies, the statement under Article 160 of the Ley de Sociedades de Capital is essential.
The director must state whether the asset the company is buying or selling qualifies as an ESSENTIAL ASSET. If they state that it does, a certificate of corporate resolutions will be required in which the company's General Meeting authorises the transaction.
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