Conveyancing in Spain: What British Sellers Need to Know Before Selling a Spanish Property?
If you’re a UK national planning to sell your property in Spain, you need to understand how the conveyancing process differs from what you’re used to in the UK. Spanish property sales involve more bureaucracy, tax checks, and notarial procedures—but with the right legal guidance, it can be a smooth and profitable process.
At Tomas Ballestero Lawyers, we ensure that all legal, tax, and financial aspects are handled with maximum security and minimum hassle, so you can focus on your next steps.
Step-by-Step Guide for British Sellers to sell a property in Spain:
- Pre-Sale Legal Review – Before listing, we analyse your title deed (escritura), land registry extract, and cadastral records to ensure your property is in perfect legal standing. If any issues exist—such as missing extensions or unpaid taxes—we correct them early.
- Energy Performance Certificate (EPC) – Mandatory for all listings. We help you obtain it quickly and affordably.
- Marketing & Reservation Contract – Your agent markets the property and collects a deposit from the buyer once a reservation is agreed. We review or draft the reservation contract to ensure fair terms and timelines.
- Calculation of Capital Gains – We assess your expected gains and the tax impact. Even if you’re a non-resident, we can help you reduce your capital gains through deductible expenses (renovations, agent fees, lawyer costs).
- Power of Attorney (if you are abroad) – We can complete the entire sale on your behalf, without the need for you to be present in Spain.
- Notary Signing (Escritura de Compraventa) – On signing day, we represent you at the notary, verify payment, and coordinate with the buyer’s lawyer to complete the sale safely.
- Tax Declarations and Repatriation – After the sale, we declare capital gains, recover withheld amounts (if applicable), and repatriate funds to your UK account securely.
Key Tax Points for British Sellers:
– 3% Retención: Spanish law requires 3% of the sale price to be withheld by the buyer and paid to the tax authorities. You can reclaim this if you’ve made no gain.
– Capital Gains Tax: Non-residents pay ….% on net gains. Costs such as improvements, legal fees, and agency commissions can be deducted.
– Plusvalía Tax: Municipal tax based on land value increase—our team calculates and settles it with the town hall.
Final Tips:
– Check your residency status—it may affect the taxation.
– Be sure utilities and community fees are paid before completion.
– Notify your accountant in the UK if the asset was reported.
At Tomas Ballestero Lawyers, we take care of every detail: from contracts to tax filings and bank transfers. Selling your home in Spain doesn’t have to be complicated.
Book a consultation with our English-speaking legal team in Jávea or Valencia today.
