The figure on an offer is not necessarily what arrives in your bank account when you sell property in Spain. There may be an agency fee, a legal bill, municipal plusvalia, mortgage cancellation costs and personal tax on any gain. If you are non-resident, a separate 3% withholding also affects the completion statement.
1. Estate agent fees: understand the actual arrangement
With 1 Real Estate, the seller fee depends on whether you appoint us exclusively or instruct several agencies. The core full-service approach remains the same.
| 1 Real Estate selling arrangement | Seller agency fee | At €300,000 (before IVA) |
| Exclusive | 1% + IVA | €3,000 |
| Non-exclusive | 1.5% + IVA | €4,500 |
With the standard 21% IVA on our agency service, the example fees become €3,630 and €5,445 respectively. Exclusive sellers who choose our recommended legal partner also receive a €250 contribution towards their legal costs; choosing another solicitor does not change the 1% fee.
2. Legal fees and checks before completion
A seller’s lawyer can check the title, prepare the necessary documentation, deal with mortgage redemption and liaise over the deed and completion statement. Fees vary with the property and the work involved. Ask for a written quote rather than assuming that legal work is included in the agency fee.
3. Plusvalia municipal
This is a municipal tax linked to the increase in value of urban land during ownership. It is not the same as capital gains tax on your personal profit. The calculation depends on municipal rules, the cadastral land value and the relevant method. If no increase in land value can be demonstrated, the transfer may be outside the charge, but the local filing requirements still need to be checked.
4. Capital gains tax
A gain is generally calculated by comparing the legally adjusted acquisition and sale values, not simply by subtracting the old purchase price from the new one. Spanish tax residents may pay income tax at savings-income rates, subject to possible reliefs; non-residents generally pay 19% on the taxable property gain. Individual advice is important if the property was inherited, rented out, substantially improved or owned for many years.
5. The 3% non-resident withholding is not an additional 3% tax
When a non-resident owner sells Spanish property, the buyer is usually required to retain 3% of the sale consideration attributable to that non-resident seller and pay it to the tax authority. The seller then accounts for the actual gain through the non-resident tax return and may pay more or seek a refund. This is a cash-flow item at completion, not a second final tax on top of the capital gains tax.
6. Mortgage, certificates and property bills
- If a mortgage remains registered, request an up-to-date redemption figure and allow for the formal discharge of the charge.
- Check the energy performance certificate and any necessary registration before marketing.
- Ensure IBI, community fees and utilities are up to date; agree any completion apportionments in writing.
- Ask the lawyer whether licences or declarations are needed for extensions, pools or previous alterations.
A simple completion planning example
| €300,000 sale | Exclusive 1 Real Estate sale | Non-exclusive 1 Real Estate sale |
| Sale price | €300,000 | €300,000 |
| 1 Real Estate agency fee incl. IVA | €3,630 | €5,445 |
| Balance before other costs/taxes | €296,370 | €294,555 |
The final amount to the seller will also depend on legal and mortgage costs, plusvalia, any agreed apportionments and the seller’s personal tax position. For a non-resident owner, €9,000 would normally be withheld from a €300,000 sale as an advance payment towards non-resident tax; that withholding must be shown separately rather than described as a fixed selling cost.
Our practical approach
Before marketing, 1 Real Estate can explain the agency fee and the documents needed to present the property properly. We recommend asking your lawyer for a provisional completion statement before accepting an offer, especially if the sale will fund a subsequent purchase or you are transferring proceeds overseas.
