A new recruit in Madrid asks which national licence she must hold before she can broker a flat sale in Spain. What is the correct answer?
- The official API title issued by the Ministry of Housing
- None: since 2000 anyone may broker property without a title or college membership
- A licence from the Colegio de Registradores after a written exam
- A national broker card renewed every three years
Royal Decree-law 4/2000 (article 3) opened the activity to any person or company, with no need to hold a title or to join a professional college. The API title still exists, but it is optional. Some regions, such as Catalonia and Valencia, have since added their own registers.
BOE, Real Decreto-ley 4/2000, de 23 de junio (art. 3) (2000-06) An investor wants to start renting out a flat to tourists in a building in Valencia city in 2026. What must he obtain from the community of owners under the reform in force since 3 April 2025?
- Nothing: the community can only regulate noise, never the use itself
- A simple majority of owners present at the meeting
- Unanimous consent of every owner in the building
- Express prior approval voted by three fifths of owners holding three fifths of the quotas
Organic Law 1/2025 amended the Horizontal Property Law: a new tourist flat needs the community's express prior approval, and approving, limiting or banning the activity takes a 3/5 majority of owners and quotas. Flats already operating before 3 April 2025 are not affected.
Cuatrecasas, Novedades en pisos turisticos y fin de la golden visa (2025-01) You plan to open an agency office in Barcelona. What does Catalan law require before you start trading?
- Registration in the Register of Estate Agents of Catalonia (the AICAT register)
- Nothing beyond a city business licence, as in the rest of Spain
- Membership of the Barcelona Chamber of Commerce
- A written exam set by the Catalan Notaries' Association
Catalonia's Law 18/2007 on the right to housing and Decree 12/2010 make registration mandatory for anyone who brokers property sales or rentals there professionally and for a fee. Registered agents display the AICAT identifier.
Generalitat de Catalunya, Registre d'Agents Immobiliaris de Catalunya (2026) Your Catalan agency has one office open to the public in Girona. What minimum professional liability cover does the Catalan register require for that office?
- EUR 30,000 per claim with no annual cap
- EUR 1,000,000 per claim and EUR 5,000,000 per year
- EUR 100,000 per claim and EUR 600,000 per year
- No insurance, only a bank guarantee
Decree 12/2010 sets civil liability cover of at least EUR 100,000 per claim and EUR 600,000 per year for each establishment. Agents working only online or remotely need higher cover: EUR 150,000 per claim and EUR 1,000,000 per year.
Generalitat de Catalunya, Registre d'Agents Immobiliaris de Catalunya (2026) Besides insurance, a Catalan agent must lodge a guarantee (surety or bond) to protect client money. What minimum applies to a standard office, and to an agent who works only online?
- EUR 10,000 for both
- EUR 60,000 per office, EUR 300,000 for an online-only agent
- EUR 300,000 per office, EUR 60,000 for an online-only agent
- EUR 600,000 per office, no guarantee online
The guarantee is at least EUR 60,000 a year per establishment in Catalonia, rising to EUR 300,000 per agent when the activity is purely electronic or remote. It must come from an authorised insurer or bank.
Generalitat de Catalunya, Registre d'Agents Immobiliaris de Catalunya (2026) Which of these professionals is NOT obliged to join the Catalan register of estate agents?
- A Barcelona agency that only lets flats, never sells
- A company working only online that sells homes in Tarragona
- A one-person agency in Sitges that charges sellers a 3% fee
- An agent established in another EU country with no office open to the public in Catalonia
Lettings and sales are both covered, and online-only firms must register too (and still give a physical address). Exemptions include agents based in another EU state or outside Catalonia with no public establishment there, people acting occasionally without pay, and administrators doing only article 54 tasks.
Generalitat de Catalunya, Registre d'Agents Immobiliaris de Catalunya (2026) A colleague wants to work in Alicante. Which rule created the Valencian register of real estate intermediation agents, and what training does it ask for?
- Decree 98/2022, with at least 200 teaching hours of real estate training
- Law 18/2007, with a university law degree
- Royal Decree-law 4/2000, with no training at all
- Decree 12/2010, with a 40-hour online course
Decree 98/2022 of the Consell (in force October 2022) regulates the Registro de Agentes de Intermediacion Inmobiliaria de la Comunitat Valenciana. Registration is compulsory for professional intermediaries, and training must total at least 200 teaching hours from recognised centres.
Generalitat Valenciana, FAQ Registro de Agentes de Intermediacion Inmobiliaria (2022-10) In January 2025 the Valencian High Court (TSJCV) ruled on an appeal by the competition authority (CNMC) against the Valencian agents register. What was the outcome?
- The whole register was annulled and closed
- The appeal was fully rejected and all requirements stand
- Several requirements, including the EUR 60,000 guarantee and the liability insurance, were annulled, and the ruling could be appealed to the Supreme Court
- The court ordered all Valencian agents to also join the Catalan register
The TSJCV partly upheld the CNMC appeal. It struck down the solvency guarantee, the insurance amounts, the notice duty for occasional unpaid intermediaries and the out-of-region registration proof. The register itself survived, and the ruling was open to cassation, so check its status before advising.
Legal Today, El TSJCV estima un recurso de la CNMC y anula varios requisitos del Registro (2025-01) A French agent moves to Marbella to join your team. What does she need to work legally?
- A work permit sponsored by your agency
- Nothing at all, not even a tax ID
- A golden visa
- No work permit, but she must register as an EU citizen (registration certificate with her NIE) for stays over three months
EU citizens may work in Spain freely as employees or self-employed. For stays over three months, Royal Decree 240/2007 requires registration in the Central Register of Foreigners, which issues a certificate carrying the NIE needed for tax and social security.
BOE, Real Decreto 240/2007 (EU citizens' entry and residence) (2007-02) A Moroccan friend holding a Spanish tourist stay wants to start showing villas on commission next week. What is the correct advice?
- She needs a residence authorisation that allows work (employed or self-employed) under the immigration rules before she starts
- She can work for 90 days on a tourist stay
- An NIE number alone gives her the right to work
- Commission-only work is not considered work, so no permit is needed
Non-EU nationals need a residence status that authorises work. An NIE is only an identification number, not a permit. The new Immigration Regulation (Royal Decree 1155/2024) has applied since 20 May 2025 and sets the current routes, including self-employment.
BOE, Real Decreto 1155/2024, Reglamento de la Ley Organica 4/2000 (2024-11) A freelance agent will invoice commissions in her own name. What two registrations must she complete before her first invoice?
- Land Registry and Notaries' College
- Tax census with the Agencia Tributaria (form 036/037) and the self-employed social security scheme (RETA)
- Chamber of Commerce and the Bank of Spain
- Only a bank account in Spain
An autonoma must declare the start of activity in the tax census (form 036 or 037) and register with the special social security scheme for self-employed workers (RETA). Her invoices will then carry 21% VAT and her contributions depend on declared net income.
BOE, Ley General de la Seguridad Social (RDLeg 8/2015) (2015-10) A seller signs an exclusive mandate (nota de encargo en exclusiva) and then sells privately during the term. How did the Supreme Court approach such clauses in ruling 263/2019?
- Exclusivity is always void in Spain
- The agency always earns double the agreed fee
- Exclusivity is valid in civil law, but the clause must pass consumer law checks such as clarity and proportionate compensation
- Only notaries can sign exclusive mandates
The Supreme Court held the exclusivity pact valid, but judges must check it under consumer protection rules: clear wording, proportionate compensation, real work done by the agency. In that case compensation close to the 4% fee was not disproportionate, while other courts have cut heavier penalties.
Idealista News, La clausula de exclusividad inmobiliaria, a debate en los tribunales (2022-06) Your agency's template mandate says the seller owes 100% of the commission if he sells to a buyer he found himself during the exclusive period. According to the Consumer Affairs report on exclusivity pacts, how is this clause viewed?
- As standard practice that courts always uphold
- As clearly abusive, since case law generally treats penalties above 50% of the fee as disproportionate when the agency did not bring the buyer
- As valid only if the mandate lasts more than one year
- As abusive only when the property is worth over EUR 1 million
The Ministry report finds that charging the full fee when the owner sells on his own is disproportionate, and notes that courts usually see penalties above half the fee as excessive. Agencies should draft fair, clear exclusives with a fixed term and proportionate compensation.
Ministerio de Consumo, informe sobre pacto de exclusividad en intermediacion inmobiliaria (2016-03) A seller asks what commission is 'legal' in Spain. Which answer is accurate?
- Fees are fixed by law at 2% for all sales
- The buyer must always pay 5%
- Fees are capped at 3% including VAT
- Fees are freely agreed, usually around 3% to 7% of the price, and 21% VAT is added unless stated as included
No law fixes sale commissions in Spain, so each agency sets its own. Traditional agencies typically charge 3% to 7%, with higher levels in hot coastal and island markets, and 21% VAT applies on top unless the fee is quoted VAT included.
Consumer (Eroski), Cuanto cobran las inmobiliarias en Espana por vender un piso (2023-03) Example figures: you sell a flat in Malaga for EUR 350,000 with an agreed 4% commission plus 21% VAT. What total does the seller pay you, VAT included (in EUR)?
EUR Fee before VAT = 350,000 x 4% = EUR 14,000. VAT = 14,000 x 21% = EUR 2,940. Total = 14,000 + 2,940 = EUR 16,940. Always state in the mandate whether the fee is quoted with or without VAT.
Consumer (Eroski), Cuanto cobran las inmobiliarias en Espana por vender un piso (2023-03) You find a tenant for a long-term flat in Seville. Under the Housing Law 12/2023, who pays the agency's management and contract fees?
- The landlord
- The tenant
- Half each
- Whoever the agency chooses
Law 12/2023 rewrote article 20.1 of the Urban Leases Law: real estate management and contract formalisation costs are borne by the landlord. Charging the tenant a 'search fee' or similar is not allowed for leases of habitual homes.
BOE, Ley 12/2023, de 24 de mayo, por el derecho a la vivienda (2023-05) In February 2024 the Consumer Affairs ministry warned agencies that were charging tenants one month's rent plus VAT as a 'management fee'. What fine range did it cite for this serious infringement?
- EUR 150 to EUR 3,000
- EUR 3,001 to EUR 10,000
- EUR 10,001 to EUR 100,000, or up to four to six times the illicit profit
- Only a written warning, with no fine
Consumo said such clauses may be abusive under article 47.1.j of the consumer law (TRLGDCU) and form a serious infringement punished with EUR 10,001 to EUR 100,000, a figure that can rise to four to six times the unlawful gain.
Ministerio de Consumo, Consumo advierte a inmobiliarias de que es ilegal cobrar comision de gestion (2024-02) Your agency brokers both sales and lettings. When does Spain's anti-money laundering Law 10/2010 also cover your rental work?
- Never: only sales are covered
- For every rental, whatever the rent
- Only for tourist rentals
- When the monthly rent is EUR 10,000 or more
Agents brokering sales are obliged subjects under Law 10/2010. Royal Decree-law 7/2021, transposing the 5th EU directive, extended this to rental intermediation where the monthly rent is EUR 10,000 or more.
Garrigues, Espana traspone la V Directiva de prevencion del blanqueo (RDL 7/2021) (2021-04) A Spanish-resident buyer offers to pay your agency's EUR 6,000 fee in cash. Which response matches Spanish law?
- Accept it, as cash below EUR 10,000 is always fine
- Refuse: cash payments of EUR 1,000 or more are banned when one party acts as a professional, and the client must be identified under Law 10/2010
- Accept it if he signs a receipt
- Accept it but split it into two receipts of EUR 3,000
Law 11/2021 cut the cash limit to EUR 1,000 for payments where a business or professional takes part (EUR 10,000 for non-resident individuals not acting as businesses). Splitting payments does not avoid the limit. Agents must also identify clients and beneficial owners and keep records.
BOE, Ley 11/2021, de 9 de julio, de medidas de prevencion y lucha contra el fraude fiscal (2021-07) A Chinese investor asks in 2026 whether buying a EUR 600,000 villa still gives him a Spanish golden visa. What do you answer?
- Yes, the threshold is still EUR 500,000
- Yes, but only in Andalusia
- No: investor visas were abolished by Organic Law 1/2025 with effect from 3 April 2025
- No: the threshold rose to EUR 1 million in 2025
Organic Law 1/2025 of 2 January repealed the investor residence scheme (purchases above EUR 500,000) from 3 April 2025. Applications filed before that date are decided under the old rules, and visas already granted stay valid for their original term.
La Moncloa, El 3 de abril entra en vigor el fin de las Golden Visa (2025-04) Since 1 July 2025, what does a host need before a short-stay rental can be listed on platforms that take bookings and payments online?
- A registration number from the national Single Rental Register, issued through the Property Registry
- Only a regional energy certificate
- A notarised lease for each guest
- Nothing new: the national register only applies to hotels
Royal Decree 1312/2024 created the Registro Unico de Arrendamientos and its digital single window. Tourist, seasonal and room rentals need a number shown on the listing, and booking platforms must require it. Classified-ad portals are excluded, and regional tourist licences are still needed on top.
Idealista News, Registro unico de arrendamientos de corta duracion (2025-07) A buyer in Fuengirola wants to run a 40 m2 studio as a holiday let (VUT) for four guests. Under Andalusia's rules as amended by Decree 31/2024, what is the problem?
- None: Andalusia has no size rules for tourist flats
- Studios can never be tourist flats in Andalusia
- He must first obtain a golden visa
- The decree requires at least 14 m2 per guest, so 40 m2 allows only two places, and the flat must be filed in the Andalusian Tourism Register
Decree 31/2024 requires 14 m2 of useful area per place (minimum 25 m2), plus other equipment rules. 40 / 14 gives 2 full places. A declaracion responsable must be filed with the Registro de Turismo de Andalucia, and operating without it can be fined EUR 2,001 to EUR 18,000.
Colegio Oficial de Arquitectos de Malaga, Nota tecnica NT67 Viviendas de uso turistico en Andalucia (2024-02) Which Spanish province had the highest share of home purchases made by foreigners in Q2 2026?
- Málaga
- Illes Balears
- Alicante
- Santa Cruz de Tenerife
Registradores data show foreigners made 46.43% of home purchases in Alicante province in Q2 2026, ahead of Málaga (37.01%), the Balearics (32.27%) and Santa Cruz de Tenerife (32.25%). The national average was 15.98%, a record.
Colegio de Registradores: Estadística Registral Inmobiliaria, Q2 2026 (2026-08) The 'Golden Triangle' of the western Costa del Sol is usually made up of which three municipalities?
- Marbella, Benahavís and Estepona
- Málaga, Torremolinos and Benalmádena
- Fuengirola, Mijas and Marbella
- Estepona, Casares and Manilva
Marbella, Benahavís and Estepona form the Golden Triangle, the luxury core of the Costa del Sol. Notary data put their 2025 averages at about EUR 4,424 (Marbella), 4,112 (Benahavís) and 3,214 (Estepona) per sqm.
Brainsre: The Golden Triangle property market in 2026 (2026-06) On 2025 notary data, which of the three Golden Triangle municipalities showed the fastest yearly price growth?
- Marbella
- Benahavís
- All three grew at the same rate
- Estepona
Estepona rose 10.89% in 2025 to about EUR 3,214 per sqm, ahead of Benahavís (+9.24%) and Marbella (+7.67%). Its discount to Marbella and the new-build pipeline on the New Golden Mile drive the catch-up.
Brainsre: The Golden Triangle property market in 2026 (2026-06) A Swedish family wants a Marbella address near golf courses and Puerto Banús, with good holiday-rental demand. Which area fits best?
- Teatinos
- Nueva Andalucía
- Torrevieja
- Pedregalejo
Nueva Andalucía, known as the Golf Valley, sits right behind Puerto Banús and is popular with families, golfers and holiday renters. idealista asking prices were about EUR 5,654 per sqm in February 2026 (+6.6% a year). Teatinos and Pedregalejo are in Málaga city and Torrevieja is on the Costa Blanca.
idealista: The 3 best neighbourhoods to invest in Marbella in 2026 (French) (2026-03) According to 2025 notary data, which Marbella sub-area had the highest average price per sqm?
- San Pedro Alcántara
- Marbella East
- Sierra Blanca
- Nueva Andalucía and Puerto Banús
Sierra Blanca, the gated hillside above the Golden Mile, averaged about EUR 5,479 per sqm, ahead of Nueva Andalucía and Puerto Banús (4,287), Marbella East (4,076), the centre (4,020) and San Pedro Alcántara (3,915).
Brainsre: The Golden Triangle property market in 2026 (2026-06) Example figures: a client buys a 150 sqm apartment in Sierra Blanca at the 2025 notary average of EUR 5,479 per sqm. What is the indicative price (in EUR)?
EUR 150 x 5,479 = EUR 821,850. Notary averages mix old and new stock; a new-build in Sierra Blanca will usually sell well above this figure.
Brainsre: The Golden Triangle property market in 2026 (2026-06) In 2025, which nationality was the leading group of buyers in Estepona according to notary data?
- British
- Swedish
- Polish
- Dutch
Dutch buyers led in Estepona with about 16.8% of purchases, ahead of British (12.9%), Polish (9.7%), Belgian (6.5%) and Swedish (6.2%). Around 71% of all Estepona buyers were foreign, against about 62% in Marbella, where the British led.
Brainsre: The Golden Triangle property market in 2026 (2026-06) Estepona's 'New Golden Mile' (Nueva Milla de Oro) is located:
- Between Estepona and San Pedro Alcántara
- Between Málaga airport and Torremolinos
- Inland around Ronda
- Between Benidorm and Altea
The New Golden Mile is the coastal strip running east from Estepona toward San Pedro Alcántara in Marbella, packed with new beachside and golf projects. Notary data put it at about EUR 3,602 per sqm in 2025, the highest in Estepona.
Brainsre: The Golden Triangle property market in 2026 (2026-06) In August 2026, which district was the most expensive in Málaga city according to idealista?
- Centro
- Teatinos
- Este (El Limonar, Pedregalejo, El Palo)
- Carretera de Cádiz
Málaga Este led at about EUR 4,990 per sqm (+6.5%), ahead of Centro (4,574), Carretera de Cádiz (4,191) and Teatinos (3,966). The city average was a record EUR 3,938 per sqm.
idealista: Málaga home prices hit a record, EUR 3,938 per sqm in August (2026-09) An investor wants to buy a flat in central Málaga to run as a new holiday let in 2026. What should you warn them about first?
- Holiday lets are banned everywhere in Andalusia
- Málaga suspended new tourist flat registrations in August 2025 for up to three years
- Foreigners cannot own flats in historic centres
- Tourist lets in Málaga only need a national tax number
Málaga city suspended new tourist flat (VUT) authorisations and registrations in August 2025 for up to three years while it changes its urban plan; about 12,700 tourist flats were already registered. Investors should model long-term or mid-term rents instead.
Menorca.info (EFE): Málaga announces a moratorium on tourist flats (2025-08) Example figures: a 70 sqm flat in Málaga city rents at the July 2026 idealista average of EUR 16.4 per sqm per month. What is the yearly gross rent (in EUR)?
EUR Monthly rent = 70 x 16.4 = EUR 1,148. Yearly = 1,148 x 12 = EUR 13,776. Deduct community fees, IBI, insurance, vacancy and tax before quoting a net yield.
El Español: Málaga is dearer than Barcelona to rent (idealista July 2026 data) (2026-08) Example figures: a 70 sqm flat in Málaga city is bought at the August 2026 average of EUR 3,938 per sqm and let at EUR 16.4 per sqm per month. What is the gross yield (in %, one decimal)?
% Price = 70 x 3,938 = EUR 275,660. Yearly rent = 70 x 16.4 x 12 = EUR 13,776. Gross yield = 13,776 / 275,660 = 5.0%. Adding purchase taxes and costs of about 8% to 10% lowers it further.
idealista: Málaga home prices hit a record, EUR 3,938 per sqm in August (2026-09) Which Costa del Sol municipality had the highest average rent in Málaga province in July 2026 (idealista)?
- Fuengirola
- Estepona
- Benahavís
- Marbella
Marbella led at about EUR 23.9 per sqm per month, ahead of Benahavís (22.7), Estepona (21.1), Fuengirola (17.3, the fastest rise at +10.6%) and Málaga city (16.4).
El Español: Málaga is dearer than Barcelona to rent (idealista July 2026 data) (2026-08) On the Costa Blanca in June 2026, which of these towns had the highest asking price per sqm (pisos.com)?
- Calpe
- Torrevieja
- Alicante city
- Jávea
Calpe was at about EUR 4,029 per sqm, ahead of Benidorm (3,699), Altea (3,564), Jávea (3,388), Torrevieja (2,751) and Alicante city (2,614). The northern Costa Blanca is clearly pricier than the south.
Alicante Plaza: How home prices are rising in Alicante towns in 2026 (pisos.com data) (2026-07) A Belgian retiree wants a sunny apartment with golf nearby at the lowest entry price on the Costa Blanca. Which area should you show first?
- Altea old town
- Jávea's Montgó villas
- Torrevieja and Orihuela Costa
- Marbella's Golden Mile
The southern Costa Blanca (Vega Baja) offers a large stock of apartments and bungalows, golf resorts and new builds at entry prices, with Torrevieja around EUR 2,751 per sqm in June 2026 (pisos.com). Altea and Jávea are pricier, and Marbella is on another coast.
Alicante Plaza: How home prices are rising in Alicante towns in 2026 (pisos.com data) (2026-07) Which Costa Blanca town showed the strongest yearly price rise among these in June 2026 (pisos.com)?
- Altea
- Jávea (Xàbia)
- Benidorm
- Dénia
Jávea rose about 12.2% in a year to EUR 3,388 per sqm, against Benidorm (+3.8%), Dénia (+2.35%) and Altea (+0.65%). Torrevieja also grew fast at +7.3%.
Alicante Plaza: How home prices are rising in Alicante towns in 2026 (pisos.com data) (2026-07) Example figures: a resale apartment in Torrevieja costs EUR 220,000 and the deed is signed in July 2026. The Valencian general transfer tax (ITP) rate is 9%. How much ITP does the buyer pay (in EUR)?
EUR 220,000 x 9% = EUR 19,800. The Valencian general rate fell from 10% to 9% for deeds from 1 June 2026, while homes above EUR 1 million pay 11% on the whole price. Reduced rates apply to some main homes.
TaxDown: ITP in the Valencian Community after the cut to 9% (2026-10) Example figures: the same EUR 220,000 resale apartment is instead in Estepona (Andalusia), not a main home, so the 7% general ITP rate applies. How much LESS tax does the buyer pay than at the Valencian 9% rate (in EUR)?
EUR Andalusia: 220,000 x 7% = EUR 15,400. Valencia: 220,000 x 9% = EUR 19,800. Difference = EUR 4,400. Andalusia charges 7% flat, with no higher band for luxury homes, unlike Valencia's 11% above EUR 1 million.
Interforo Abogados: Taxes when buying a home in Andalusia, 2026 guide (2026-04) In Q3 2025, which nationality was the largest group of foreign buyers in Alicante province?
- German
- Dutch
- French
- British
British buyers made about 7.9% of foreign purchases in Alicante province, ahead of German (6.5%), Dutch (6%), French (5.2%) and Italian (5%) buyers. That quarter, foreigners bought 43.29% of the province's homes.
Alicante Plaza: Foreign purchases take 43% of Alicante homes up to September (Registradores) (2025-11) Registradores put the Q2 2026 average registered price at EUR 3,347 per sqm in Málaga province and EUR 2,267 per sqm in Alicante province. How much cheaper per sqm is Alicante (in %, rounded to one decimal)?
% Difference = 3,347 - 2,267 = EUR 1,080. 1,080 / 3,347 = 32.3%. The Costa Blanca is about a third cheaper per sqm than the Costa del Sol, a key point for budget-driven buyers.
Colegio de Registradores: Estadística Registral Inmobiliaria, Q2 2026 (2026-08) A British couple is buying an off-plan (sobre plano) apartment in Estepona. In which order do the usual steps happen?
- Notary deed, reservation, staged payments, private contract
- Reservation, private purchase contract, staged payments during works, then notary deed and keys at completion
- Private contract, notary deed, reservation, keys
- Staged payments, reservation, keys, private contract
The buyer first pays a reservation fee to take the unit off the market, then signs the private purchase contract with the first instalment, pays further stages during construction and pays the balance when the public deed is signed before a notary and the keys are handed over.
Consumer (Eroski), La compraventa de vivienda sobre plano (2024) Your client will pay 30% of the price to a developer before the building is finished. What protection does Spanish law require the developer to give for that money?
- None: advance payments are at the buyer's risk
- A personal guarantee signed by the agent
- An individual bank guarantee (aval) or insurance policy for each buyer, under the LOE's First Additional Provision
- A notarised promise to repay within ten years
The First Additional Provision of the Building Act (Law 38/1999), rewritten by Law 20/2015 from 1 January 2016, obliges developers of homes to guarantee advance payments with insurance or a bank guarantee, issued individually for each buyer.
Garrigues, Entregas a cuenta en compra de viviendas (Ley 20/2015) (2015-10) Under the LOE First Additional Provision, what must the guarantee on off-plan deposits cover, and where must the money be paid?
- Only 50% of the amounts, paid to any account of the developer
- The amounts paid plus legal interest, paid into a special account kept separate from the developer's other funds
- Only the reservation fee, paid in cash
- The full price of the home, paid to the agent's client account
The guarantee covers the sums paid on account plus legal interest, and payments must go into a special account at a bank, separate from the developer's other money. Agents should ask for the account details and the individual certificate for each payment.
BOE, Ley 38/1999 de Ordenacion de la Edificacion (consolidated), Disposicion adicional primera (2015-07) The contract says keys by June 2026. In October 2026 works have stopped and the developer gives no date. What can the buyer do under the LOE?
- Nothing until five years have passed
- Only sue the agent who sold the unit
- Accept a 10% discount, which is the only remedy
- Choose to terminate and recover the sums paid plus legal interest through the guarantee, or grant the developer an extension
If works do not start or the home is not delivered on time, the buyer may terminate the contract and get the advance payments back with interest from the guarantor, or agree an extension. A clear delivery date in the contract is therefore essential.
BOE, Ley 38/1999 de Ordenacion de la Edificacion (consolidated), Disposicion adicional primera (2015-07) A developer went bust without paying the premium on the deposit insurance. Can the insurer refuse to repay your client for that reason?
- No: since the 2015 reform the insurer cannot use defences it has against the developer, including unpaid premiums
- Yes, an unpaid premium always voids the cover
- Yes, unless the buyer paid the premium himself
- Only if the buyer is a non-resident
Law 20/2015 states that the insurer cannot oppose to the buyer the exceptions it could raise against the developer, so a missing premium does not block the refund. The insurer then recovers from the developer, who cannot resell the unit until it repays.
Garrigues, Entregas a cuenta en compra de viviendas (Ley 20/2015) (2015-10) The building is finished and the first occupation permit has been obtained, but the buyer refuses to sign the deed and collect the keys. What happens to the deposit guarantee?
- It stays in force for ten more years
- The buyer can still claim it at any time
- The developer may cancel it, so the buyer loses that protection
- It converts automatically into a mortgage
Under the 2015 rules, once the occupancy permit is granted and the buyer refuses to take delivery, the developer may cancel the guarantee. Warn hesitant buyers: the guarantee protects against non-delivery, not against a change of mind.
Garrigues, Entregas a cuenta en compra de viviendas (Ley 20/2015) (2015-10) Example figures: an off-plan flat in Torrevieja costs EUR 420,000 before tax. The plan is 10% at the private contract, 20% in instalments during works and the rest at the notary. What base price remains to pay at completion (in EUR)?
EUR Paid before completion = 10% + 20% = 30% of 420,000 = EUR 126,000. Balance at completion = 420,000 - 126,000 = EUR 294,000, often financed with a mortgage. VAT is charged on each stage on top of these figures.
Consumer (Eroski), La compraventa de vivienda sobre plano (2024) A buyer compares a brand-new flat from a developer with a resale flat next door. Which tax applies to the first sale of the new flat?
- Transfer tax (ITP) only, as for resales
- VAT at 21%
- No tax for the first owner
- VAT at the reduced 10% rate, plus stamp duty (AJD) on the deed
The first delivery of a home by the developer is subject to VAT at 10% (4% for qualifying protected housing), and the deed also pays the regional stamp duty (AJD). Resales pay the regional transfer tax (ITP) instead of VAT.
Agencia Tributaria, Manual IVA 2024, tipo impositivo reducido del 10% (2024) Example figures: a new-build flat in Malaga sells for EUR 380,000 from the developer. VAT is 10% and Andalusia's general stamp duty (AJD) is 1.2%. What are VAT plus AJD together (in EUR)?
EUR VAT = 380,000 x 10% = EUR 38,000. AJD = 380,000 x 1.2% = EUR 4,560. Total = 38,000 + 4,560 = EUR 42,560, before notary, registry and any mortgage costs.
Kelisto, Impuesto de actos juridicos documentados por comunidad autonoma (2025-11) Example figures: the buyer of an off-plan unit pays a EUR 50,000 stage payment to the developer during construction. VAT on new homes is 10%. How much VAT is added to that stage (in EUR)?
EUR VAT accrues on each advance payment, not only at the deed. 50,000 x 10% = EUR 5,000, so the buyer transfers EUR 55,000 for that stage. Clients should budget VAT into every instalment.
BOE, Ley 37/1992 del IVA (art. 75 and art. 91) (1992-12) Your buyer adds two parking spaces and a storage room to her new-build flat, all bought in the same deed. What VAT applies to the extras?
- 10%, as up to two parking spaces and annexes sold together with the home follow the home's reduced rate
- 21% on all extras
- 0% because they are not homes
- 10% on one space and 21% on everything else, always
The Tax Agency's VAT manual extends the 10% rate to up to two garage spaces and annexes (such as storage rooms) transferred together with the home. Bought separately or beyond that limit, they are taxed at 21%.
Agencia Tributaria, Manual IVA 2024, tipo impositivo reducido del 10% (2024) Under article 17 of the Building Act (LOE), how long are the builder and developer liable for defects in a new home?
- 6 months for everything
- 2 years for everything, as for consumer goods
- 10 years for structural defects, 3 years for habitability defects, 1 year for finishing defects
- 20 years for structure, 5 years for the rest
The LOE sets three periods from the date of handover: 10 years for damage affecting the structure, 3 years for defects that harm habitability (for example damp or insulation), and 1 year for finishing defects that the builder must repair.
BOE, Ley 38/1999 de Ordenacion de la Edificacion (art. 17) (1999-11) Eight months after taking the keys, your buyer notices cracked tiles and doors that do not close properly. What is the best advice?
- Too late: snags must be raised on the day of handover
- Notify the developer in writing now, as finishing defects are covered for one year from handover
- Wait for the ten-year insurance to pay
- Pay a private builder and forget the claim
Finishing defects fall under the one-year period of article 17 LOE. Ideally they are listed in a snagging report at handover, but any found within the year should be notified in writing, with photos, so the builder repairs them.
BOE, Ley 38/1999 de Ordenacion de la Edificacion (art. 17) (1999-11) Which insurance must a developer of new homes take out to cover structural damage, and for how much?
- A one-year contents policy for EUR 30,000
- No insurance is compulsory
- A three-year policy for 10% of the price
- Ten-year (decennial) insurance covering 100% of the final cost of the works
Article 19 of the LOE makes decennial insurance compulsory for residential buildings. It covers material damage from structural defects for ten years, with a sum insured equal to 100% of the final cost of the works.
BOE, Ley 38/1999 de Ordenacion de la Edificacion (art. 19) (1999-11) Why can a notary and land registrar refuse to record a finished new-build declaration (obra nueva terminada) for a residential block?
- If proof of the ten-year structural insurance is not provided
- If the agent's commission has not been paid
- If fewer than half the units are sold
- If the buyers are non-residents
Article 20 of the LOE blocks the authorisation and registration of new-build declarations for homes without proof of the compulsory decennial insurance. This protects buyers and is a useful check when a developer promises an early completion.
BOE, Ley 38/1999 de Ordenacion de la Edificacion (art. 20) (1999-11) In Andalusia, how is occupation of a newly finished building that matches its building licence usually authorised under the LISTA land law (Law 7/2021)?
- By a decision of the regional parliament
- By the buyer's own statement at the notary
- By a declaracion responsable de ocupacion filed with the town hall, replacing the old first occupation licence
- It needs no paperwork at all
The LISTA moved many permits to a responsible declaration, including the occupation or use of finished buildings that comply with their licence. This document, or the licence where still required, is needed for utilities and to complete the sale.
AdministracionPublica.com, Primera ocupacion por declaracion responsable (2022) Your client will fund the completion balance with a Spanish mortgage. Under Law 5/2019 on real estate credit, what must happen before she signs?
- Nothing: she can sign the same day she receives the offer
- The bank gives the standard information sheet (FEIN) and documents at least 10 calendar days before signing, and she meets the notary free of charge to confirm she understands
- The agent must sign the mortgage on her behalf
- She must open a deposit equal to 50% of the loan
Law 5/2019 requires the lender to hand over the FEIN and the other pre-contract documents at least 10 calendar days before signing. The borrower then attends the notary, who checks understanding at no cost to her. Plan this window into the completion date.
BOE, Ley 5/2019, de 15 de marzo, reguladora de los contratos de credito inmobiliario (2019-03) Savills data reported in July 2026 put the average Costa del Sol new-build apartment at EUR 5,725 per m2 in 2025. At that average, what would an 80 m2 new apartment cost (in EUR)?
EUR 80 x 5,725 = EUR 458,000. The same report notes a 23% annual rise and luxury Marbella new builds above EUR 8,000 per m2, so always quote by area and segment rather than a coast-wide average.
Euro Weekly News, New Costa del Sol homes are selling before builders even break ground (Savills data) (2026-07) According to Savills figures published in July 2026, how fast do new Costa del Sol schemes sell?
- Under 5% of units are sold before completion
- Developers must wait until completion to sell by law
- Some schemes sell 30% to 50% of units before construction starts, with about 12,265 new homes sold in 2025
- All new homes are sold to Spanish first-time buyers
Savills reports that some developments place 30% to 50% of units before ground breaking, around 12,265 new homes sold on the coast in 2025 and only 5,328 units of new-build stock. International buyers make up over half of demand in Marbella, Mijas Costa and Fuengirola.
Euro Weekly News, New Costa del Sol homes are selling before builders even break ground (Savills data) (2026-07) What did INE and Registradores data show for the province of Alicante (Costa Blanca) in the first half of 2026?
- New-build sales doubled and foreigners bought under 10% of homes
- Sales were unchanged and new builds were 50% of the market
- Foreign buyers disappeared after the golden visa ended
- Total sales fell 7.6% to 25,085, new-build sales fell 12.4% to 4,657, and foreigners bought about 44.65% of homes
Alicante Plaza, using INE transfer statistics, counted 25,085 sales in H1 2026 (minus 7.6%), of which 4,657 were new builds (18.6% of the total, minus 12.4%). The Registradores put the foreign share at 44.65%, the highest among coastal provinces, ahead of Malaga at 34.30%.
Alicante Plaza, La compra de viviendas afloja en Alicante con 25.085 operaciones en el primer semestre (2026-08) According to notary data for 2025, roughly what share of all home purchases in Spain involved a foreign buyer?
- About 8.8%
- About 18.8%
- About 28.8%
- About 38.8%
The Consejo General del Notariado counted just over 138,250 purchases by foreigners in 2025, about 18.8% of all home sales. Registry data gives a lower figure (around 13.5% in Q4 2025) because the two bodies count differently, so always name your source when you quote a share.
Idealista News, Consejo General del Notariado data on foreign buyers 2025 (2026-06-26) In the Land Registry statistics for Q4 2025, which nationality made the largest share of home purchases by foreigners?
- Moroccan
- German
- British
- Dutch
The Registradores report shows the British in first place with 7.93% of foreign purchases, then the Dutch (6.77%) and the Germans (6.65%). Moroccan and Romanian buyers follow, which reminds you that many foreign buyers already live and work in Spain.
Colegio de Registradores, Estadística Registral Inmobiliaria Q4 2025 (2026) Looking only at NON-RESIDENT foreign buyers in 2025 (notary data), which nationality reached first place for the first time?
- British
- German
- French
- Dutch
Dutch non-residents bought 6,289 homes, just ahead of Germans (6,233) and the British (6,152). Belgians (4,305) and French (3,913) completed the top five. British purchases fell about 8.5% while Dutch purchases grew about 12%.
Idealista News, Consejo General del Notariado data on foreign buyers 2025 (2026-06-26) Which Spanish province had the highest share of home purchases made by foreigners in Q4 2025?
- Málaga
- Alicante
- Illes Balears
- Madrid
Alicante led with 42.91% of purchases by foreigners, ahead of the Balearics (31.47%) and Málaga (31.11%). On the Costa Blanca, almost every second buyer you meet may be a foreigner.
Colegio de Registradores, Estadística Registral Inmobiliaria Q4 2025 (2026) Registry data for Q4 2025: foreigners made 27.17% of home purchases in the Comunitat Valenciana and 12.5% in Andalusia. How many percentage points higher is the Valencian share?
% 27.17 - 12.5 = 14.67 points. Andalusia as a whole looks less international than Valencia because it includes large inland markets. At province level Málaga reaches 31.11%, so always compare like with like.
Colegio de Registradores, Estadística Registral Inmobiliaria Q4 2025 (2026) What did the national statistics institute (INE) report for total home sales in Spain in 2025?
- About 514,000 sales, down 4.5%
- About 614,000 sales, flat on 2024
- About 814,000 sales, up 21%
- About 714,000 sales, up 11.5%
INE recorded 714,237 home sales in 2025, an increase of 11.5% on 2024. In December 2025 alone, 21.6% of sales were new homes and 78.4% resales.
INE, Estadística de Transmisiones de Derechos de la Propiedad, December 2025 (2026-02) A Dubai-based investor asks whether buying a EUR 500,000 villa in Marbella will give him a Spanish golden visa. What is the correct answer in 2026?
- No. The investor residence visa linked to real estate was abolished and stopped accepting new applications from 3 April 2025
- Yes, as long as the property is worth at least EUR 500,000 and paid without a mortgage
- Yes, but only for properties in Andalusia or Valencia
- Only if he also opens a Spanish bank account with EUR 1 million
Spain ended the real estate golden visa through Organic Law 1/2025, with effect from 3 April 2025. A buyer who wants to live in Spain must now look at other routes, such as the non-lucrative visa or the digital nomad visa, with a specialist lawyer.
Oficina Nacional de Emprendimiento (ONE), abolition of the investor visa (2025) A US client has read online that Spain charges a 100% tax on non-EU buyers. What is the most professional way to answer?
- Confirm it: every non-EU buyer now pays double the price in tax
- Say it only applies in Madrid and Barcelona
- Explain that it started as a 2025 government announcement and a draft bill that had not been approved at last check, and that you will have a tax lawyer confirm the current status before he commits
- Tell him to buy through a relative with an EU passport to avoid it
The Prime Minister announced the idea in early 2025 and the PSOE group filed a draft bill on 22 May 2025, but it was not law when reported. Never present a proposal as a rule, never suggest a front buyer, and always check current status with a qualified adviser.
DM Properties, update on proposed tax changes for non-EU buyers (2025-06-05) According to Idealista data for Q2 2026, how does the gross rental yield in Málaga city compare with the Spanish average?
- Málaga is about 8.5%, well above the 6.5% average
- Málaga is about 5.2%, below the 6.5% national average
- Both are about 4%
- Málaga is about 6.5%, exactly the national average
Idealista put the national gross yield at 6.5% in Q2 2026 and Málaga at about 5.2%, down from 5.9% in 2023 as prices rose faster than rents. The highest-yield capitals were smaller cities such as Jaén, Murcia, Huelva and Lleida, all above 7%.
Idealista, rental yield report Q2 2026 (2026-07-06) Example figures: a two-bedroom flat in Málaga costs EUR 350,000 and rents long term for EUR 1,500 per month. What is the gross yield (in %)?
% Annual rent = 1,500 x 12 = EUR 18,000. Gross yield = 18,000 / 350,000 = 5.14%. That sits close to the Idealista figure for Málaga, so the asking rent looks realistic.
Finantres Noticias, Málaga rental yield (Idealista Q2 2026) (2026-07) Example figures: an apartment in Marbella costs EUR 600,000 plus 10% purchase costs. It rents for EUR 36,000 a year. Annual expenses: IBI EUR 1,200, community fees EUR 3,600, insurance EUR 400, management 10% of rent, maintenance EUR 1,200. What is the net yield on the total investment, before income tax (in %)?
% Total investment = 600,000 + 60,000 = EUR 660,000. Expenses = 1,200 + 3,600 + 400 + 3,600 + 1,200 = EUR 10,000. Net income = 36,000 - 10,000 = EUR 26,000. Net yield = 26,000 / 660,000 = 3.94%. Showing the client this figure, not the gross 6%, builds trust.
Idealista, rental yield report Q2 2026 (2026-07-06) In July 2026 Málaga city council moved to freeze new tourist accommodation in residential areas. What does this mean for an investor buying a flat there to put on Airbnb?
- Nothing, the freeze only affects hotels
- He can still register a new tourist flat if he pays a higher fee
- The freeze lasts six months, so he only needs to wait
- New tourist uses in residential areas are blocked for three years, so he must budget for long-term or seasonal letting unless the flat already holds valid tourist status
The council approved a three-year suspension of new tourist accommodation licences in residential zones, covering tourist flats as well as tourist apartment buildings and hotels. Projects already in process before publication were not affected. Sell the property on its long-term rental numbers.
Brainsre News, Málaga freezes tourist licences for three years (2026-07-21) Since the reform of the Horizontal Property Law took effect on 3 April 2025, what does an owner need before starting a NEW tourist rental in a flat within a community building?
- A favourable vote of three fifths of the owners, who must also hold three fifths of the participation quotas
- A simple majority of owners present at the meeting
- Nothing, the community has no say
- Unanimous written consent from every neighbour
The reform gives the community of owners the power to approve or refuse new tourist flats by a three fifths majority of owners and quotas. Before a client buys for holiday letting, ask the administrator for the statutes and recent minutes.
El Derecho, communities of owners and tourist flats (LPH reform) (2025-04-03) Under the Valencian Decree-law 9/2024 on tourist flats, how long does a registration in the Valencian Tourism Register last?
- For life, it passes with the property
- One year, renewed every summer
- Five years, renewable with a new responsible declaration and a favourable municipal planning compatibility report
- Ten years, then it expires with no renewal possible
Decree-law 9/2024 (in force since 8 August 2024) limits registration to five years and makes renewal depend on a new municipal compatibility report. Councils can also cap tourist flats per building or area, so a licence is never a permanent asset.
Cuatrecasas, new rules for tourist flats in the Comunitat Valenciana (2024) In January 2025, which threshold did Málaga use to ban new tourist flat registrations in 43 neighbourhoods?
- Neighbourhoods with more than 20% of flats owned by foreigners
- Neighbourhoods where tourist accommodation already exceeded 8% of the residential stock
- Neighbourhoods within 500 metres of the beach
- Neighbourhoods with more than 1,000 hotel beds
The 2025 measure targeted 43 neighbourhoods above an 8% ratio of tourist homes. Elsewhere, new tourist flats needed independent access, a rule in place since June 2024. The July 2026 freeze then went further.
Brainsre News, Málaga freezes tourist licences for three years (2026-07-21) Example figures: a non-resident buys a EUR 400,000 resale flat in Estepona. The bank lends 70% of the price, and purchase costs are 10% of the price. How much cash must the buyer bring (in EUR)?
EUR Loan = 400,000 x 70% = EUR 280,000. Deposit = 400,000 - 280,000 = EUR 120,000. Costs = 400,000 x 10% = EUR 40,000. Cash needed = 120,000 + 40,000 = EUR 160,000. Banks rarely finance purchase costs, so warn clients early.
Costa Luz Lawyers, Spanish mortgages for foreigners 2026 (2026) Under Spain's mortgage credit law (Law 5/2019), what protection does a borrower get before signing a home loan?
- A 30-day cooling-off period after signing the deed
- The bank must lend at a fixed rate for non-residents
- No specific protection for non-residents
- The European Standardised Information Sheet (FEIN) and loan documents at least 10 calendar days before signing, plus a free session with the notary to confirm understanding
Law 5/2019 requires the lender to deliver the FEIN and related documents at least ten calendar days before signing, and the borrower must attend the notary, free of charge, to receive advice before the deed. Plan completion dates with this delay in mind.
BOE, Law 5/2019 regulating real estate credit contracts (2019-03-16) According to Knight Frank research cited in 2026, how has the number of branded residence schemes worldwide changed?
- From 169 schemes in 2011 to 611, with more than 1,000 forecast by 2030
- From 1,000 schemes in 2011 down to 611
- It has stayed flat at about 200 schemes
- From 50 schemes in 2011 to 100
Knight Frank's Residence Report 2025/26 counts 611 branded schemes, up from 169 in 2011, and forecasts more than 1,000 by 2030. Marbella is one of Europe's hotspots, with fashion and hotel brands such as Fendi Casa, Dolce & Gabbana, Four Seasons and Waldorf Astoria.
DM Properties, branded residences in the Marbella market (Knight Frank data) (2026-01-02) Example figures: a comparable unbranded villa in Benahavís is worth EUR 1,500,000. Local estimates put the branded premium in Marbella at 15% to 30%. Using a 20% premium, what price would a similar branded villa command (in EUR)?
EUR 1,500,000 x 1.20 = EUR 1,800,000. The premium pays for brand design, services and resale appeal, but also comes with higher service charges, so include those fees in the investor's net yield.
DM Properties, branded residences in the Marbella market (2026-01-02) Example figures: an investor buys in Alicante for EUR 300,000 plus EUR 30,000 costs. Over five years he earns EUR 45,000 net rental income. He sells for EUR 390,000 and pays EUR 15,000 selling costs. Ignoring taxes, what is his total ROI on the money invested (in %)?
% Total invested = 300,000 + 30,000 = EUR 330,000. Money back = 390,000 - 15,000 + 45,000 = EUR 420,000. Profit = 420,000 - 330,000 = EUR 90,000. ROI = 90,000 / 330,000 = 27.27% over five years. Remind him that capital gains tax and plusvalía will reduce this.
Idealista, rental yield report Q2 2026 (2026-07-06) Example figures: a client buys a resale apartment in Málaga for EUR 300,000. Andalusia charges a flat 7% transfer tax (ITP) on resale homes. How much ITP is due (in EUR)?
EUR ITP = 300,000 x 7% = EUR 21,000. Andalusia applies a single 7% general rate with no brackets. Reduced rates exist for some main homes (for example young buyers), which rarely apply to foreign investors.
BOE, Andalusian Law 5/2021 on ceded taxes (2021-10-20) Example figures: a resale villa in Jávea (Comunitat Valenciana) sells for EUR 400,000, with the deed signed in September 2026. The Valencian general ITP rate is 9% for deeds from 1 June 2026. How much ITP is due (in EUR)?
EUR ITP = 400,000 x 9% = EUR 36,000. Valencian Law 5/2025 cut the general rate from 10% to 9% for taxable events from 1 June 2026. Older brochures that still say 10% are out of date.
TaxDown, ITP in the Comunitat Valenciana (Law 5/2025) (2026-09) A Dutch buyer is about to sign for a resale villa in Altea at EUR 1,050,000 in October 2026. What ITP rate should you warn him about?
- 9% on the whole value
- 9% up to EUR 1 million and 11% only on the extra EUR 50,000
- 11% on the whole value, because the property is above EUR 1 million
- 7%, as in Andalusia
In the Comunitat Valenciana, homes valued above EUR 1 million pay 11% on the full value, not just on the excess. The tax office can also use the cadastral reference value if it is higher than the price, which can push a EUR 980,000 sale over the threshold.
TaxDown, ITP in the Comunitat Valenciana (Law 5/2025) (2026-09) Example figures: a resale villa in Moraira sells for EUR 1,200,000 in 2026. What ITP is due at the Valencian 11% rate (in EUR)?
EUR ITP = 1,200,000 x 11% = EUR 132,000. The 11% applies to the whole value once it passes EUR 1 million. The same villa in Andalusia would pay 7%, so EUR 84,000: a gap of EUR 48,000 your client may ask about.
TaxDown, ITP in the Comunitat Valenciana (Law 5/2025) (2026-09) A buyer in Torrevieja signed the purchase deed on 15 May 2026 but filed the tax form in June. Which Valencian general ITP rate applies to a EUR 250,000 resale?
- 10%, because the rate depends on the date of the deed (accrual), not the filing date
- 9%, because the form was filed after 1 June 2026
- The buyer can choose either rate
- 6%, the reduced rate for all non-residents
The 9% rate applies to taxable events accrued from 1 June 2026. A deed signed on 15 May 2026 remains at 10%. On a EUR 250,000 property, waiting two weeks to sign would have saved EUR 2,500, so timing advice matters.
TaxDown, ITP in the Comunitat Valenciana (Law 5/2025) (2026-09) Example figures: a client buys a new-build apartment from a developer in Marbella for EUR 500,000. VAT on new homes is 10% and Andalusian stamp duty (AJD) is 1.2%. What is the total of VAT plus AJD (in EUR)?
EUR VAT = 500,000 x 10% = EUR 50,000. AJD = 500,000 x 1.2% = EUR 6,000. Total = EUR 56,000. A first transfer by a developer pays VAT plus AJD instead of ITP.
BOE, VAT Law 37/1992 (article 91, reduced rate for homes) (1992-12-28) Example figures: a new-build flat in Alicante is bought from the developer for EUR 350,000, with the deed signed in July 2026. VAT is 10% and the Valencian AJD rate is now 1.4%. What is VAT plus AJD (in EUR)?
EUR VAT = 350,000 x 10% = EUR 35,000. AJD = 350,000 x 1.4% = EUR 4,900. Total = EUR 39,900. Valencian Law 5/2025 cut the general AJD from 1.5% to 1.4% from 1 June 2026.
TaxDown, ITP and AJD in the Comunitat Valenciana (Law 5/2025) (2026-09) Example figures: a resale flat in Fuengirola is agreed at EUR 280,000, but its cadastral reference value is EUR 300,000. Andalusia taxes resales at 7% on the higher of the two values. How much ITP is due (in EUR)?
EUR The tax base is the higher figure, EUR 300,000. ITP = 300,000 x 7% = EUR 21,000, not the EUR 19,600 the buyer may expect. Check the reference value on the Catastro site before quoting costs.
Guía Fiscal, ITP-AJD Andalucía 2026 (2026) Which tax does a buyer pay on the FIRST sale of a newly built home by a developer?
- ITP transfer tax only
- VAT at 10% plus regional stamp duty (AJD)
- VAT at 21% only
- No tax, new homes are exempt
The first delivery of a new home by a developer is subject to VAT, at the 10% reduced rate for dwellings, plus AJD on the deed. Later resales between individuals pay ITP instead. Garages and storage rooms sold with the home (up to two) also take 10%.
BOE, VAT Law 37/1992 (article 91, reduced rate for homes) (1992-12-28) Example figures: a cash resale purchase in Nerja at EUR 250,000. ITP 7%, notary EUR 900, land registry EUR 600, and the lawyer charges 1% of the price plus 21% VAT. What are the total buying costs (in EUR)?
EUR ITP = 17,500. Lawyer = 2,500 x 1.21 = 3,025. Total = 17,500 + 900 + 600 + 3,025 = EUR 22,025, about 8.8% of the price. Quoting 'around 10%' for Andalusian resales is a safe first estimate.
BOE, Andalusian Law 5/2021 on ceded taxes (2021-10-20) How are notary fees for a property deed set in Spain?
- Each notary sets any percentage he wants
- They are a fixed 3% of the price
- They follow an official state tariff (arancel) based on the value and length of the deed
- They are always paid by the agent
Notary fees follow the official tariff in Royal Decree 1426/1989, so they are regulated and scale with the deed value and number of pages. Land registry fees follow a separate tariff (Royal Decree 1427/1989).
BOE, Royal Decree 1426/1989, notary tariff (1989-11-17) Example figures: a seller owned a flat for 10 years. The land part of the cadastral value is EUR 80,000. The objective-method coefficient for 10 years is 0.12 and the town hall rate is 29%. What is the plusvalía municipal (in EUR)?
EUR Base = 80,000 x 0.12 = EUR 9,600. Tax = 9,600 x 29% = EUR 2,784. The seller can instead use the real method (actual gain on the land share) if it gives a lower result. Town hall rates cannot exceed 30%.
Guía Fiscal, plusvalía municipal 2026 (2026) A seller in Benalmádena bought for EUR 320,000 and now sells for EUR 300,000. What happens with the plusvalía municipal?
- It is still due on the cadastral value, gain or not
- The buyer must pay it instead
- It is reduced by half
- It is not due if the seller proves the loss with the purchase and sale deeds
Since the 2021 reform, no plusvalía is charged when there is no real increase in value, but the seller must prove it to the town hall with both deeds. File within 30 days of the sale to avoid surcharges.
Guía Fiscal, plusvalía municipal 2026 (2026) The seller of a flat in Mijas is a non-resident Swede. Why does the buyer's lawyer usually hold back money for the plusvalía municipal at completion?
- Because the law makes the buyer the substitute taxpayer when the seller is a non-resident individual
- Because plusvalía is always paid by the buyer in Spain
- Because Swedish sellers are exempt
- Because it replaces the 3% retention
The seller normally pays plusvalía, but when the seller is a non-resident individual the Local Finance Law makes the buyer the substitute taxpayer. The buyer's lawyer therefore retains an estimated amount from the price and pays the town hall.
BOE, Local Finance Law (RDLeg 2/2004), article 106 (2004-03-09) Example figures: a non-resident British owner sells his Estepona flat for EUR 450,000. The buyer must withhold 3% of the price and pay it to the tax office (form 211). How much is withheld (in EUR)?
EUR Retention = 450,000 x 3% = EUR 13,500. The buyer pays it within one month of the deed. It is an advance on the seller's capital gains tax, settled on form 210 within the following four months.
Guía Fiscal, non-resident income tax (forms 210 and 211) (2026-07-26) Example figures: a non-resident bought for EUR 300,000 plus EUR 30,000 costs. He sells for EUR 420,000 with EUR 20,000 selling costs. Gains are taxed at 19% and the buyer withheld 3% of the price. How much more tax does he still owe after the retention (in EUR)?
EUR Gain = (420,000 - 20,000) - (300,000 + 30,000) = EUR 70,000. Tax = 70,000 x 19% = EUR 13,300. Retention = 420,000 x 3% = EUR 12,600. Balance = 13,300 - 12,600 = EUR 700. If the tax were lower than the retention, he could claim a refund.
BOE, Non-Resident Income Tax Law (RDLeg 5/2004) (2004-03-12) Example figures: a Belgian resident lets her Marbella flat for EUR 20,000 a year and has EUR 6,000 of deductible expenses linked to the rental. EU and EEA residents pay 19% non-resident income tax on net income. What is the tax (in EUR)?
EUR Net income = 20,000 - 6,000 = EUR 14,000. Tax = 14,000 x 19% = EUR 2,660. EU and EEA residents can deduct expenses directly related to the rental, such as IBI, community fees, insurance and interest.
Guía Fiscal, non-resident income tax (forms 210 and 211) (2026-07-26) Example figures: an owner resident outside the EU and EEA lets a flat in Alicante for EUR 20,000 a year. Under the general rule, non-EU residents pay 24% on gross rent with no expense deduction. What is the tax (in EUR)?
EUR Tax = 20,000 x 24% = EUR 4,800. With the same rent, an EU resident with EUR 6,000 expenses would pay EUR 2,660. A double tax treaty may change this, so refer the client to a tax adviser.
Guía Fiscal, non-resident income tax (forms 210 and 211) (2026-07-26) Example figures: a German non-resident keeps a holiday flat in Torrox for personal use only. Its cadastral value is EUR 150,000, revised after 2012, so the imputed income rate is 1.1%. The EU rate is 19%. What annual non-resident tax is due (in EUR)?
EUR Imputed income = 150,000 x 1.1% = EUR 1,650. Tax = 1,650 x 19% = EUR 313.50. If the cadastral value had not been revised since 2012, the rate would be 2%. Owners pay this even when the flat is never let.
Guía Fiscal, non-resident income tax (forms 210 and 211) (2026-07-26) Example figures: an agency in Marbella charges 5% commission plus 21% VAT on a EUR 600,000 sale. What is the total invoice to the seller (in EUR)?
EUR Commission = 600,000 x 5% = EUR 30,000. VAT = 30,000 x 21% = EUR 6,300. Invoice = EUR 36,300. Always say whether your fee is quoted 'plus VAT' so the seller is not surprised at completion.
BOE, VAT Law 37/1992 (article 90, 21% general rate) (1992-12-28) Example figures: a EUR 800,000 villa in Estepona sells with a 6% commission (before VAT). The listing agency shares 50/50 with the agency that brought the buyer. Your agency pays you 40% of its share. What do you earn (in EUR)?
EUR Total commission = 800,000 x 6% = EUR 48,000. Each agency = EUR 24,000. Your share = 24,000 x 40% = EUR 9,600. The 21% VAT is collected on top and passed to the tax office, so it is never part of the split.
BOE, VAT Law 37/1992 (article 90, 21% general rate) (1992-12-28) Example figures: a flat in Alicante costs EUR 250,000 and purchase costs bring the total to EUR 275,000. Long-term rent is EUR 1,100 per month. Annual costs: IBI EUR 600, community EUR 1,200, insurance EUR 300, repairs EUR 500, empty month allowance EUR 1,100. What is the net yield on total investment, before income tax (in %)?
% Rent = 1,100 x 12 = EUR 13,200. Costs = 600 + 1,200 + 300 + 500 + 1,100 = EUR 3,700. Net = 13,200 - 3,700 = EUR 9,500. Net yield = 9,500 / 275,000 = 3.45%, against a gross yield on price of 5.28%. Non-resident income tax then comes on top.
Idealista, rental yield report Q2 2026 (2026-07-06) A British couple who just bought in Mijas want to spend October to April there each year. What must you tell them about the 90/180 rule?
- Owning a Spanish home lets them stay as long as they like
- The rule only applies to people without a property in Spain
- As UK nationals they can stay up to 90 days in any 180-day period across the Schengen area, so seven months needs a long-stay visa
- They can reset the count by flying to London for one night
Since 1 January 2021 UK nationals are third-country visitors limited to 90 days in any rolling 180-day period, counted across all Schengen states. Property ownership changes nothing. For longer stays they need a visa such as the non-lucrative visa, so refer them to an immigration lawyer.
De la Guía Luzón, EES and ETIAS for UK nationals visiting Spain (2026-10-06) What changed at Spanish borders for British owners with the EU Entry/Exit System (EES)?
- Since 10 April 2026 the system is fully operational and records each entry and exit digitally with biometrics, so overstays are detected automatically
- Nothing, it is still a voluntary pilot
- It only applies to flights from outside Europe
- It gives British owners an automatic 180-day allowance
EES started progressively on 12 October 2025 and has been fully operational at all external borders since 10 April 2026, replacing passport stamps. It calculates stays automatically, and an overstay can lead to a Schengen entry ban of up to three years.
De la Guía Luzón, EES and ETIAS for UK nationals visiting Spain (2026-10-06) A British client asks if he must apply for ETIAS before his viewing trip to Marbella in November 2026. What is the accurate answer?
- Yes, it has been compulsory since 2025 and costs EUR 7
- No, ETIAS was not yet operating in October 2026; when it launches it will cost EUR 20 and last three years, so check the official EU site before each trip
- No, British nationals are permanently exempt
- Yes, and it must be requested at the Spanish consulate in London
As of early October 2026 ETIAS was not collecting applications and no launch date was confirmed. When it starts, the fee will be EUR 20 (free under 18 and over 70) and the authorisation will last three years or until the passport expires.
De la Guía Luzón, EES and ETIAS for UK nationals visiting Spain (2026-10-06) A Polish buyer and a Swedish buyer ask whether the 90/180 rule applies to them like it does to your British clients. What do you answer?
- Yes, it applies to every foreigner who owns property
- Only to the Polish buyer, because Poland joined the EU later
- Only if they stay in a tourist rental
- No. As EU citizens they move freely; if they stay more than three months they register in the Central Register of Foreign Nationals and receive a certificate with their NIE
EU citizens are not limited to 90 days. For stays over three months they must register with the immigration office or police and get the EU registration certificate, which shows their NIE. Knowing this distinction makes you credible with Nordic and Central European buyers.
Ministerio del Interior, NIE for EU citizens (2026) What is the NIE, and why does every foreign buyer need one?
- A personal tax identification number for foreigners, needed for the deed, taxes and bank account; it does not give residency
- A residence permit that allows the buyer to live in Spain
- A licence that allows foreigners to own property near the coast
- A number issued only to EU citizens
The Número de Identidad de Extranjero identifies foreigners for economic, professional or social dealings in Spain. It is needed for the purchase deed, tax payments and utilities, but it is not a residence permit. It can be requested in Spain or through a Spanish consulate.
Ministerio del Interior, Número de Identidad de Extranjero (NIE) (2026) A Gulf-based buyer wants to transfer EUR 2 million from several accounts to buy a villa in Sotogrande. Why should you prepare him for detailed source of funds questions?
- Because Gulf buyers are banned from paying in cash in Spain
- Because only Spanish banks can send money to a notary
- Because estate agents, notaries and banks are obliged entities under Spain's anti-money laundering law and must identify the buyer and understand where the money comes from
- Because the seller has the right to see the buyer's bank statements
Law 10/2010 lists real estate agents among obliged entities. You must identify the client and the beneficial owner and apply enhanced checks when risk is higher. Asking early for bank letters, sale deeds or company documents avoids delays at the notary.
BOE, Law 10/2010 on the prevention of money laundering (2010-04-28) A Dutch first-time buyer asks why she should pay an independent lawyer if the notary is already involved. What is the best explanation?
- The notary works for the buyer and handles everything
- Her own lawyer protects her interests: checks title, debts, licences and planning, reviews contracts, obtains the NIE and can sign with a power of attorney, while the notary is a neutral public official
- The lawyer is only needed if she takes a mortgage
- Lawyers are required by law for all foreigners
The notary certifies the deed and checks the registry at signing but does not negotiate or advise one party. An independent lawyer runs due diligence before any deposit. Recommend at least two firms and let the client choose, to stay clear of conflicts of interest.
Colegio de Registradores, information on property and the registry (2026) Which information will you NOT find in a nota simple from the Land Registry?
- The registered owner
- Registered mortgages and charges
- The description and surface of the property
- Whether the community fees and IBI are paid up to date
The nota simple shows the registered owner, the description and the charges registered against the property, such as mortgages or embargoes. It does not show community fee arrears or unpaid IBI, which you check with the administrator's certificate and the latest tax receipts.
Colegio de Registradores, registry information services (2026) Why should the buyer's lawyer ask for the seller's latest IBI receipt before completion?
- Because unpaid IBI is attached to the property itself, so the new owner can end up liable for the debt
- Because IBI is only paid once, at the time of purchase
- Because the IBI receipt replaces the nota simple
- Because IBI is a tax paid by tenants
Under the Local Finance Law the property itself guarantees unpaid IBI, so a buyer can inherit arrears. The receipt also shows the cadastral value, which feeds into non-resident income tax and plusvalía estimates.
BOE, Local Finance Law (RDLeg 2/2004), IBI articles (2004-03-09) What document should a seller in a community building bring to the notary regarding community fees?
- Nothing, community fees are a private matter
- Only the community statutes
- A certificate from the community administrator, approved by the president, showing the fees are paid or the amount owed
- A letter from the town hall
The Horizontal Property Law requires the seller to declare that he is up to date with community payments or to state the debt, supported by a certificate from the administrator. The buyer can waive it, but you should advise strongly against that.
BOE, Horizontal Property Law 49/1960, article 9 (1960-07-21) A Belgian buyer loves a rural finca near Ronda that holds AFO status. What does AFO mean for him?
- The house is fully legal and can be extended freely
- The house was built without a licence; AFO recognises that it can no longer be demolished, but it does not legalise it and does not automatically allow extensions or new connections
- The house is a protected heritage building
- The house must be demolished within six years
Asimilado a Fuera de Ordenación, under Andalusian Law 7/2021 (LISTA) and Decree 550/2022, recognises an existing unlicensed building. It is not a legalisation. Works, extensions and services depend on the municipality. Ask the lawyer to confirm the AFO resolution and what it allows.
Costa Luz Lawyers, AFO in Andalusia (2026-07-31) Which conditions must an unlicensed rural house in Andalusia meet to obtain AFO recognition?
- It must be less than two years old and have a pool
- It must be owned by a Spanish resident
- It must be inside an urban zone
- At least six years since completion with no active sanction or demolition procedure, on ordinary rural land, with minimum safety and habitability conditions
AFO needs the enforcement period to have passed (six years since completion), no open proceedings, ordinary rural land rather than specially protected land, and minimum safety and habitability. Ruins without a roof are usually treated as new construction.
Costa Luz Lawyers, AFO in Andalusia (2026-07-31) An investor wants to buy a flat in Torremolinos that the seller says has a tourist licence. What should you check before he commits?
- That the flat has a valid registration number in the Andalusian tourism register, that the community statutes and recent minutes allow it, and any municipal limits in force
- Only that the flat is listed on Airbnb
- Nothing, the licence passes automatically and cannot be cancelled
- Only the energy certificate
Andalusia has cancelled more than 10,000 tourist rental registrations since 2024 for non-compliance, and communities can now restrict new tourist use. Verify the registration in the regional register, the community position and the town hall rules.
Spanish Property Insight, Andalusia cancels 10,300 tourist rental licences (2025-08-28) Dutch buyers are now the largest group of non-resident foreign buyers. Where on the Costa Blanca do they search most?
- Benidorm, Elche and Villena
- Valencia city only
- Jávea, Torrevieja and Dénia, then Orihuela, Moraira, Altea and Calpe
- Inland Alcoy and Ibi
Idealista data shows Jávea, Torrevieja and Dénia as the top three Dutch searches, followed by Orihuela, Moraira, Altea, Calpe and Alicante city. On the Costa del Sol, they focus on Marbella, Estepona, Mijas and Málaga.
Idealista News, where Dutch buyers look for homes in Spain (2026-06-26) You prepare a three-day viewing trip for a German couple. What makes the trip most efficient?
- Showing as many properties as possible without any preparation
- Pre-screening a shortlist of six to eight homes with nota simple checks done, and planning a meeting with a lawyer and a bank on the last day
- Avoiding any mention of costs until they choose
- Letting them visit alone with the keys
German buyers made 6.65% of foreign purchases in Q4 2025 and typically expect documentation. Checking the registry before the trip removes properties with problems, and meeting a lawyer on site lets them reserve with confidence.
Colegio de Registradores, Estadística Registral Inmobiliaria Q4 2025 (2026) A buyer in Benalmádena offers EUR 270,000 on a flat with a cadastral reference value of EUR 295,000. He thinks a lower price will reduce his transfer tax. What should you explain?
- He is right, ITP is always on the agreed price
- Reference values only apply to new builds
- He can declare any price to the tax office
- Andalusia taxes the higher of the price and the reference value, so his ITP base stays at EUR 295,000 whatever he negotiates below it
Since reference values were introduced, the ITP base cannot fall below the cadastral reference value. Negotiating the price down still saves him money on the purchase, but not on the 7% tax. Check the value on the Catastro site before a negotiation.
Guía Fiscal, ITP-AJD Andalucía 2026 (2026) Belgian buyers ranked fourth among non-resident foreign buyers in 2025. What is a good first step when you receive a lead from Brussels?
- Ask which language the client prefers (French or Dutch) and send material in that language
- Always write in Spanish to show you are local
- Assume every Belgian speaks German
- Send the same English brochure to every Belgian
Notary data put Belgians fourth among non-resident buyers with 4,305 purchases in 2025. Belgium is split mainly between French and Dutch speakers, so asking the language preference shows respect and improves response rates.
Idealista News, Consejo General del Notariado data on foreign buyers 2025 (2026-06-26) A non-resident buyer signs her deed. Which after-sales service adds real value?
- Nothing, the agent's job ends at the notary
- Telling her she has no Spanish tax to pay if she does not rent the flat
- Reminding her that non-residents owe annual tax on imputed income even if the flat is not let, and introducing a tax representative for form 210
- Offering to pay her IBI with your own money
Non-resident owners pay tax on a notional income (1.1% or 2% of the cadastral value) when the home is for personal use, plus IBI and community fees. Helping her set up utilities, direct debits and a tax adviser turns a sale into referrals.
Guía Fiscal, non-resident income tax (forms 210 and 211) (2026-07-26) A British seller is not resident in Spain. What should you tell him about the money he will receive at completion?
- He receives the full price; taxes are settled later in the UK
- The buyer withholds 3% of the price for the tax office, and the plusvalía municipal is usually retained too, so he receives less than the price
- The notary keeps 10% as a guarantee for one year
- The agent withholds his tax and pays it
The buyer must withhold 3% of the price as an advance on the non-resident's capital gains tax. Because the buyer is the substitute taxpayer for plusvalía when the seller is a non-resident individual, the lawyer usually retains that amount as well. Prepare the seller early to avoid tension at the notary.
BOE, Non-Resident Income Tax Law (RDLeg 5/2004) (2004-03-12) A Swedish buyer needs a mortgage as a non-resident. Which expectation should you set at the first meeting?
- She will get 100% financing like a resident
- Non-residents cannot get Spanish mortgages
- The bank will finance the price and all taxes
- Spanish banks usually lend non-residents 60% to 70% of the value, so she needs 30% to 40% plus about 10% to 13% in costs from her own funds
Non-resident loan-to-value is normally capped between 60% and 70%, with occasional exceptions for some nationalities. Taxes and fees are not financed. Getting a broker or bank pre-approval before viewings makes her offer stronger.
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