Selling Property in Spain as a Non-Resident: A 2025 Expert Guide

Moving to Spain or selling an investment property? As a non-resident, navigating Spain’s legal and tax landscape can feel overwhelming. But with the right preparation, you can sell your property efficiently and avoid costly mistakes. This guide breaks down everything you need to know—from paperwork to taxes—using insights from over a decade of experience helping expats like you.

Key Takeaways

Legal Requirements: Obtain an NIE, ensure property legality (e.g., Certificado de No Infracción), and hire a Spanish lawyer .
Taxes: Non-residents pay 19% capital gains tax and may owe municipal Plusvalía tax .
Timeline: Sales take 3–12 months, depending on pricing and market demand .
Common Pitfalls: Overpricing, incomplete documentation, and missed tax deadlines .
Costs: Agent fees (3–6%), legal fees (1–2%), and taxes (up to 20% of profits) .

Legal Steps to Sell Property in Spain as a Non-Resident

1. Obtain a Non-Resident Tax ID (NIE)

Your Número de Identificación de Extranjero (NIE) is essential for financial transactions. Apply at a Spanish consulate or police office with your passport, proof of property ownership, and a completed EX-15 form. Delays here can stall your sale, so start early .

2. Hire a Lawyer and Real Estate Agent

A Spanish property lawyer ensures compliance with local laws, checks for hidden debts, and handles contracts. Look for firms specializing in non-resident sales, like Spain Global Hub or Savloir Law Firm .

A local agent markets your property effectively. In regions like Andalusia or Valencia, agents typically charge 3–6% commission. Verify their credentials with bodies like API or RICS .

3. Prepare Mandatory Documentation

Gather:

Title Deed (Escritura)
Energy Performance Certificate (€150–300)
IBI Tax Receipts (proof of municipal tax payments)
Habitation Certificate (if required)
Non-Infraction Certificate (Certificado de No Infracción) – Confirms no illegal construction .

Missing these documents can derail sales. For example, Maria, an expat from Argentina, nearly lost a buyer because her garage conversion wasn’t legally registered. Her lawyer helped update the paperwork, saving the deal .

4. Set a Competitive Price

Overpricing is the #1 reason properties linger on the market. Use platforms like Idealista to compare prices in your area. Coastal properties (e.g., Costa del Sol) sell faster but may require negotiation .

5. Sign the Sales Contract and Close at the Notary

Once a buyer is found:

Sign a deposit contract (10% deposit).
Finalize the sale at a notary with the Escritura de Compraventa.
Transfer ownership and receive payment .

Tax Implications for Non-Resident Sellers

1. Capital Gains Tax (CGT)

Non-residents pay 19% on profits (sale price minus purchase price and eligible expenses). EU/EEA residents pay 19%; others may face 24% .
Tip: Deduct renovation costs or reinvest in another EU property to reduce liability .

2. Plusvalía Tax

This municipal tax applies to land value increases. Rates vary, but post-2023 reforms allow towns to raise it by up to 50%. Even if you sell at a loss, you may owe Plusvalía .

3. 3% Withholding Tax

Buyers must withhold 3% of the sale price for the Spanish Tax Agency. File a rebate if your CGT liability is lower .

Common Pitfalls (and How to Avoid Them)

Ignoring Legal Certificates

Example: A client in Valencia couldn’t sell due to an unpermitted pool. Solution: Update the Certificado de No Infracción .

Underestimating Taxes

Use a tax advisor to calculate CGT and Plusvalía accurately.

Poor Marketing

List on Idealista and use professional photos to attract international buyers .

FAQs

How long does it take to sell a property in Spain?

Typically 3–12 months. High-demand areas like Barcelona sell faster; rural properties take longer .

Can I avoid capital gains tax?

Only if reinvesting in a Spanish main residence (for residents) or after 10+ years of ownership (partial exemptions) .

Do I need a Spanish bank account?

Yes, to receive payments and pay taxes. Consider currency services like Wise for low-cost transfers .

Recent Policy Updates (2023–2025)

Plusvalía Tax: Municipalities can now increase rates by up to 50% .
Energy Certificates: Required for all listings since 2023 .

Final Tips for a Smooth Sale

Start Early: Begin paperwork 6 months before listing.
Budget for Costs: Set aside 5–10% for fees and taxes.
Leverage Expertise: Work with bilingual professionals.

For more on relocating to Spain, explore our guides on the Spanish Golden Visa or Living in Barcelona as an Expat.

External Resources:

By understanding Spain’s legal framework and partnering with trusted experts, you can turn a complex process into a profitable transition. ¡Buena suerte!

About the Author: María López is a legal advisor specializing in Spanish immigration and property law. With 12+ years of experience, she has helped over 500 expats navigate Spain’s bureaucracy.