How to sell property in Spain as a foreign owner: process, 3% retention, costs and getting the money out

In brief

A non-resident owner can sell a Spanish home without travelling: a notarised and apostilled power of attorney, or one signed at a Spanish consulate, lets a lawyer sign the deed for you. Expect a reservation of EUR 3,000-6,000, an arras contract with about a 10% deposit, a deed 30-60 days later, a 3% retention that the buyer pays to the tax agency, and total selling costs that one source puts at 4-8% of the price. Checked on 7 November 2026 from search summaries only. This is general information, not tax or legal advice.

Can you sell a Spanish home from abroad?

Yes. The usual route is a power of attorney (poder). If you sign it abroad, sources agree it must be signed before a notary in your country and apostilled under the Hague Convention, or legalised through the consulate if your country is outside it. A non-resident can also sign it at a Spanish consulate, which one law firm says makes it usable in Spain without further legalisation. For a sale the consulate form asks for the property's registry details, such as the registration number and the land-register reference, so keep a recent registry extract at hand.

A property or tax power usually needs a Spanish tax number (NIE) for you and, according to one firm, for the attorney as well. See foreign buyer tax numbers if you do not have one. Many lawyers advise adding tax representation to the power of attorney, so the same person can file your non-resident return and chase the refund described below.

Documents to prepare before listing

• A current registry extract (nota simple) showing you as owner and listing any charges, mortgages or embargoes.
• Your title deed (escritura) and proof of what you paid, because the gain is calculated from it.
• The energy performance certificate (certificado de eficiencia energética), which guides list among the documents of a sale.
• The latest property tax receipt (IBI).
• A community certificate from the building administrator (administrador de fincas) confirming that there are no unpaid fees.
• A mortgage payoff statement if there is a loan.
• In some regions a habitability certificate (cédula de habitabilidad) is requested. We could not confirm which regions, so ask a local gestor.
• Your NIE and a copy of your passport.

Debts on the property follow the property. A seller who discovers an unpaid community levy or an old embargo during the buyer's checks loses weeks, so order the extract and the community certificate first.

Step by step, with timing

• Weeks 0-2: set the price, choose an agent or sell privately (using an agent is optional), and sign the power of attorney if you will not attend.
• Weeks 2-4: a buyer reserves the home with a deposit that one source puts at EUR 3,000-6,000. The home comes off the market for about 2-4 weeks while the buyer's lawyer checks the file.
• Next: an arras contract (contrato de arras) with about a 10% deposit. Under the usual form of arras (article 1454 of the Civil Code), a buyer who withdraws loses the deposit and a seller who withdraws returns double.
• Mortgage: ask your bank for the payoff figure and the cancellation certificate. One source mentions a 1% early redemption charge. At the notary the buyer's payment goes first to the bank to clear the loan, then the rest to you.
• Deed: one guide puts the signing 30-60 days after the arras contract. You or your attorney sign at the notary, the buyer pays, and keys are handed over.
• After the deed: the buyer pays the 3% retention, you file the tax return for the real gain, and the municipal tax is settled (see below).

What it costs and who pays

Agent commission differs by source: 3-5% plus VAT in one, 4-6% in another, so negotiate and get it in writing. Add the community certificate, the energy certificate, the cancellation of the mortgage in the registry, a lawyer or gestor, and the municipal plusvalía tax. One source estimates total selling costs at 4-8% of the price, before capital gains tax. Treat that as a rough range, not a quote.

The plusvalía municipal is a local tax on the increase in the value of the land. Its rate is set by each town hall, and one source says it is due within 30 working days of the deed. It applies even when there is no real gain, so ask your lawyer to calculate it before you accept an offer.

The 3% retention and the tax in brief

When a non-resident sells, the buyer must withhold 3% of the price and pay it to the tax agency on Modelo 211 within one month of the sale, whether or not you made a gain. It is an advance payment, not the final tax. You then declare the real gain (on Modelo 210 for non-residents). If the 3% exceeds the tax due, the agency refunds the difference, typically after 6-12 months according to one guide. The deadline for your return differs by source; one says four months from the sale, so confirm it with your adviser at signing.

On a small gain the retention can far exceed the tax. For example, a seller who bought for EUR 300,000 and sold for EUR 320,000 owes tax on a EUR 20,000 gain, while the buyer withholds EUR 9,600. That cash is blocked for months, so plan your budget around it.

Most sources put the rate for non-residents at 19% of the gain; one lists 24% for sellers outside the EU/EEA. The full rules, exemptions and the cost-base calculation are in capital gains tax on selling in Spain and in the comparison taxes when selling abroad by country. One guide also warns that a seller who spent more than 183 days in Spain in the sale year may count as a tax resident, which changes the return.

Getting the money out

At the deed the buyer pays by bank transfer or bank cheque, and the notary records the means of payment. The money normally reaches a Spanish account first, so keep one open until the deed, the tax refund and any final bills are settled.

Moving the proceeds abroad is a bank-compliance step, not a legal one. Banks will usually ask for the deed of sale, your purchase deed, proof of the 3% payment and proof of where the original money came from. If you hold a Russian, Belarusian, Kazakh or Ukrainian passport, or live in a sanctions-affected country, expect extra questions and possible delays or refusals for some destinations. We found no official text on this in our research, so ask your bank before listing and allow weeks, not days. The checks and routes are explained in bank checks for Russian citizens living in the EU and in repatriating money after selling. If the original purchase was funded with crypto, read source of funds and taxes with crypto first.

Common mistakes

• Forgetting that the 3% is blocked for months and may be far above the real tax.
• Not checking days spent in Spain, and filing as a non-resident when you may be a resident.
• Learning about community debts or an old embargo only at the buyer's checks.
• Signing the arras contract before you know the mortgage payoff and the plusvalía.
• Leaving the power of attorney without tax representation, so nobody can file or claim the refund.
• Closing the Spanish bank account before the refund arrives.
• Not agreeing the agent's commission and its VAT in writing.

Checklist with approximate timing

• Before listing: registry extract, community certificate, energy certificate, payoff figure, NIE.
• Week 0-2: price, agent, power of attorney with apostille or consulate signature.
• Week 2-4: reservation and the buyer's checks.
• After the arras contract: payoff and cancellation, plusvalía estimate, tax adviser lined up.
• Deed (about 30-60 days after arras): payment, keys, receipts.
• Within one month: the buyer files the 3%; within the weeks after: your return and the municipal tax.
• 6-12 months later: the refund of any excess; then close the account.

FAQ

Can I sell my Spanish flat without going to Spain? Yes, through a power of attorney that is notarised and apostilled, or signed at a Spanish consulate. Check the registry data the consulate asks for and add tax powers.

Who pays the 3% on a non-resident sale? The buyer withholds it from the price and pays it on Modelo 211 within one month. For you it is an advance on your own tax, and any excess is refunded later.

How long does a sale take? Reservation takes about 2-4 weeks, and one guide puts the deed 30-60 days after the arras contract. Plan for roughly two to four months from a signed arras contract and a longer wait for the tax refund.

What happens if the buyer or the seller backs out after arras? Under the usual form, a buyer who withdraws loses the deposit and a seller who withdraws returns double the deposit. Your lawyer should check which form your contract uses.

Can I transfer the money to my home country? Usually yes through your bank, but compliance checks apply and passports from sanctions-affected countries can face delays. Prepare the deeds, tax receipts and source-of-funds papers in advance.

This article is general information based on public guides and is not legal or tax advice. Check the current rules with a Spanish lawyer or gestor before you sign.