Selling Spanish Property – Expert Legal Support for UK Clients

Q: How much tax do you pay when selling property in Spain?

Non-residents pay capital gains tax at 19% on any profit made from the sale. In addition, the buyer withholds 3% of the sale price as a retention tax, and local plusvalía tax may also apply.

Q: What is the 3% retention tax in Spain?

The buyer withholds 3% of the sale price and pays it directly to the Spanish tax authorities. This amount is offset against the seller’s capital gains tax liability, and a refund may be claimed if too much tax is withheld.

Q: Do you pay capital gains tax when selling Spanish property?

Yes, unless an exemption applies. Certain deductions are allowed, including purchase costs, qualifying improvements, and transaction-related fees.

Q: What is plusvalía and who pays it?

Plusvalía is a municipal tax charged on the increase in the land value since the property was purchased. It is normally the responsibility of the seller.

Q: Can I sell my Spanish property without being in Spain?

Yes. With a power of attorney, Spanish Legal can complete the entire sale process on your behalf.

Q: Do I need a solicitor to sell property in Spain?

While it is not legally required, independent legal advice helps ensure contracts, taxes, and filings are handled correctly and protects you from costly mistakes.

Q: How long does the sale process take?

The process usually takes between 2 and 4 months, depending on buyer financing arrangements and how quickly documentation is prepared.

Q: What documents are required to sell Spanish property?

You will typically need your NIE, passport, title deed (escritura), the latest IBI receipt, utility bills, and confirmation that community fees are fully paid.

Q: Can I avoid paying capital gains tax in Spain?

Some exemptions exist for Spanish residents, such as reinvestment into a main residence. However, non-residents usually cannot avoid paying capital gains tax.

Q: Do UK citizens pay more tax after Brexit when selling Spanish property?

No. UK non-residents continue to pay capital gains tax at the same rate of 19%, and Brexit has not changed the applicable tax rates.

Selling a property in Spain is very different from selling in the UK. From tax obligations to notary procedures and Land Registry updates, every step must be completed correctly to avoid costly delays.

At Spanish Legal, we specialise in helping UK citizens sell Spanish property smoothly and securely. We handle all checks, contracts, tax declarations, and registrations so you can sell with complete peace of mind.

      EXCELLENT  
   Based on 62 reviews 
    
 
 
 
   
 
 
       Posted on Google  
   
   V Page 
 
 
 
 Trustindex verifies that the original source of the review is Google. An excellent efficient service was delivered in dealing with a Spanish POA. My emails were answered promptly and I have nothing but praise for Susanna. I would highly recommend her.
  
 
      Posted on Google  
   
   mario fabrio 
 
 
 
 Trustindex verifies that the original source of the review is Google. Patience with clients, quick responses to emails regardless of the time of day, useful suggestions and top professionalism...
We went through the apartment purchase without stress, feeling safely guided.
Highly recommended
  
 
      Posted on Google  
   
   Alina Clewlow 
 
 
 
 Trustindex verifies that the original source of the review is Google. I am extremely happy with the service provided. The quality of the advice was excellent, the actions were handled very quickly, and Susana dealt with the whole situation in a highly professional and supportive way.

I am truly grateful for all the help and guidance I received throughout the process. It made what could have been a stressful experience feel smooth and well managed.

I would definitely recommend using these services, and I will be very happy to work with Susana again in the future.

Thank you very much, and I wish you all the best.
  
 
      Posted on Google  
   
   Brian Tarr 
 
 
 
 Trustindex verifies that the original source of the review is Google. Susana was very helpful and professional with excellent communications in setting up our NIE numbers and Power of Attorney, definitely recommended.
  
 
      Posted on Google  
   
   Billy Boy 
 
 
 
 Trustindex verifies that the original source of the review is Google. Just returned from Spain having sold my apartment.
It was very complicated with new NIE numbers required and Power of Attorney notarised.

Susana helped with every step of the way and completed in good time.
Would certainly recommend.
  
 
      Posted on Google  
   
   Jean Ellis 
 
 
 
 Trustindex verifies that the original source of the review is Google. Very many thanks to Susana at Spanish Legal for obtaining my NIE documentation speedily and for providing much reassurance about the process.
  
 
      Posted on Google  
   
   Shane Howard 
 
 
 
 Trustindex verifies that the original source of the review is Google. My dad passed away in 2025 February he lived in Spain and left no will as he was in England at the time when he died found a number of solicitors but eventually after a number of phone calls to different people I come across Spanish legal services spoke to the owner called Suzanna well all I can say it's the best thing I did she got me through this probate remember I had no will so it was difficult Susanna is Spanish that lives in England so it made life easy as I was sending correspondence to England not Spain which made it a lot easier for me it has taken 11 months with all the notary paperwork etc and this is difficults of death etc but finally I have the property in Spain and the money what was in the bank account so I am absolutely over the moon what Spanish legal services have done for me it's taken 11 months for the Spanish probate to be finished which would be roughly the same in England if you had no will so timing was great i will not use any other solicitor if I need something fixing in the future i highly highly recommend this company and this lady called Susanna 🇪🇸
  
 
      Posted on Google  
   
   Katie Mckernan 
 
 
 
 Trustindex verifies that the original source of the review is Google. Susana was fantastic- so efficient and professional, would highly recommend to anybody unsure about the Spanish legal system.
  
 
      Posted on Google  
   
   Yashin Masoliver 
 
 
 
 Trustindex verifies that the original source of the review is Google. Susana was excellent and patient in obtaining Spanish citizenship for my children. The process was not straight forward and I would have struggled without her help. Her fee was also more than reasonable given the work involved. Many thanks Susana
  
 
  
  
 
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Why You Need Legal Support When Selling Property in Spain

Many UK nationals own homes in Spain but underestimate how complex the selling process can be. It’s a common misconception that an estate agent can handle everything. In reality, Spanish law requires specific contracts, taxes, and notary oversight and missing a step can leave you liable for unexpected costs.

Having an independent Spanish property solicitor ensures your sale is legally valid, tax-efficient, and stress-free. Spanish Legal manages every stage of the process, protecting your interests and ensuring compliance with Spanish law.

Benefits of using Spanish Legal when selling in Spain:

Full checks on ownership, debts, utilities, and community fees before marketing

Legally robust sale contracts drafted in English and Spanish

Calculation and filing of all required taxes, including capital gains and plusvalía

Representation before the notary, or via Power of Attorney if you can’t travel

The Spanish Property Selling Process – Step by Step

At Spanish Legal, we provide a complete, client-focused service for UK citizens selling property in Spain. Our conveyancing team prepares all documents, coordinates with the notary, files your taxes, and updates the Land Registry to finalise the transfer of ownership.

Step 1: Preparing Documents & Debt Checks

We confirm ownership details, obtain a Land Registry extract (oficina simple), and ensure any outstanding mortgages, community fees, or utilities are settled before the sale.

Step 2: Drafting & Reviewing the Sale Contract

We prepare or review the preliminary sale contract, ensuring the terms are fair and legally binding. This protects you from hidden liabilities and ensures a smooth negotiation with the buyer.

Step 3: Notary Appointment & Escritura de Compraventa

The sale is finalised in front of a Spanish notary, who verifies the legality of the transfer. The buyer pays the agreed amount, and the deed of sale (escritura de compraventa) is signed.

Step 4: Tax Declarations

We calculate and submit all required taxes. Non-resident sellers are subject to a 3% retention tax withheld by the buyer, which is offset against capital gains tax. We also manage plusvalía filings with the municipality.

Step 5: Land Registry Update

The transfer is registered with the Land Registry, formally transferring ownership to the buyer and discharging you of responsibility for the property.

Taxes and Costs of Selling Spanish Property

Main taxes and costs include:

Capital Gains Tax – 19% for non-residents on the profit made, with allowable deductions.
3% Retention Tax – withheld by the buyer and credited against your capital gains liability.
Plusvalía Tax – municipal tax on the increase in land value since purchase.
Notary & Land Registry fees – usually shared or borne by the seller.
Legal fees – fixed and agreed in advance with Spanish Legal.

Ongoing ownership costs that must be settled before completion:

IBI (annual council tax)
Community fees (if applicable)
Utilities (gas, water, electricity, internet)

For future planning, we recommend reviewing your estate with a Spanish Will or our Spanish Inheritance (Probate) service to ensure your remaining assets are protected.

Common Pitfalls to Avoid When Selling Property in Spain

Mistakes many UK sellers make include:

Not paying off outstanding community fees or utilities before sale
Failing to account for the 3% retention tax
Incorrect contracts drafted by agents without legal review
Not appointing Power of Attorney if unable to travel for notary signing
Miscalculating capital gains tax and facing penalties later

Spanish Legal ensures every detail is managed correctly so you avoid unexpected surprises. Learn more about our Spanish Conveyancing services.

How Spanish Legal Can Help You

Our full conveyancing service for UK clients selling property in Spain includes:

Ownership and debt verification before sale
Drafting and reviewing contracts in English and Spanish
Representation at the notary (in person or via Power of Attorney)
Calculation and submission of capital gains, plusvalía, and retention tax
Registration of the sale with the Land Registry
Ongoing advice on compliance and future planning

We’ve helped hundreds of UK clients sell Spanish property securely, efficiently, and with complete legal protection.

Why Choose Spanish Legal?

With decades of experience supporting UK citizens in Spain, we make the selling process simple and stress-free.

Our service includes:

– Expertise in Spanish property and tax law

– Personalised guidance from start to finish

– Fixed pricing with no hidden fees

– UK-based support combined with trusted Spanish notary partnerships

UK-based solicitors

No hidden fees

Personalised guidance from Spanish legal experts

Selling Spanish Property FAQs

The following are typical questions our clients have asked us when enquiring about selling Spanish property and what you should know if you are considering selling property in Spain.

How much tax do you pay when selling property in Spain?

Non-residents pay 19% capital gains tax on profit, plus the 3% retention tax withheld by the buyer. Local plusvalía tax also applies.

What is the 3% retention tax in Spain?

The buyer withholds 3% of the sale price and pays it to the tax authorities. This is offset against your capital gains liability, with refunds possible if overpaid.

Do you pay capital gains tax when selling Spanish property?

Yes, unless exempt. Deductions are allowed for purchase costs, improvements, and transaction fees.

What is plusvalía and who pays it?

Plusvalía is a municipal tax on the increase in land value since purchase. It is normally the seller’s responsibility.

Can I sell my Spanish property without being in Spain?

Yes. With a Power of Attorney Spanish Legal can complete the transaction on your behalf.

Do I need a solicitor to sell property in Spain?

While not legally required, independent legal advice ensures contracts, taxes, and filings are correct — and protects you from costly mistakes.

How long does the sale process take?

Usually 2–4 months, depending on buyer financing and paperwork readiness.

What documents are required to sell Spanish property?

Your NIE, passport, title deed (escritura), latest IBI receipt, utility bills, and proof of settled community fees.

Can I avoid paying capital gains tax in Spain?

Some exemptions exist for Spanish residents (such as reinvestment into a main residence), but non-residents usually cannot avoid CGT.

Do UK citizens pay more tax after Brexit when selling Spanish property?

No. Tax rates remain the same: 19% for UK non-residents.

Can I sell my Spanish property if I still have a mortgage?

Yes, but the mortgage must be settled or transferred at completion. Spanish Legal ensures this is managed correctly.

Can I rent out my Spanish property while waiting to sell?

Yes, but you may need a tourist rental licence depending on the region, and rental income must be declared for tax purposes.

Need Help? Let Spanish Legal Handle It For You

Selling your Spanish property doesn’t have to be stressful. Spanish Legal ensures every step from contracts to taxes and registration, is handled legally, efficiently, and in your best interests.