Documentation needed to sell your home
February 23, 2023
In Spain, to sell a house, it is mandatory to present a series of documentation that has the objective of demonstrating that the home is yours, that you are the owner of this property, that it is free of charges and has the corresponding energy certificate.
Then we will detail you all the necessary documentation to sell your home:
- Property title: deed of sale
It is the legal document that certifies ownership of the property. It contains the data of the owner, how the property was obtained and when, as well as information about the property and the limitations to the ownership or rights of disposition of the same as the owner of the property. A copy can be requested from the granting notary.
It is essential that the deed be registered in the Property registration of the place where the property is located. If it is not registered in the name of the person who intends to sell it, this procedure must be formalized. To do this, it is necessary to present the self-assessment form, the notarized copy of the public deed of sale, inheritance or donation and proof of presentation of the document necessary to pay the municipal capital gains through a receipt.
- Simple note from the Property Registry
It is a document with all the information about ownership and property rights. It also indicates your charges, such as mortgages or conditions. The buyer must request it at the Land Registry, in person and also online, upon payment.
Although the simple notes do not have a validity deadline, it is recommended that they be a maximum of 3 months old, especially in view of the request for an appraisal by the buyer. In addition, the simple note must be updated; that is, it should be as recent as possible so that it reflects all changes to the property, up to the most recent.
- DNI of the owner of the house
The National Identity Document (DNI) must be valid. If there are multiple owners, all must provide it to verify their identity.
- Certificate of payment of the last IBI receipt
The objective is to demonstrate that you are up to date in the payment of this direct and obligatory tax.
Although the Real Estate Tax (IBI) is calculated annually, there are municipalities that divide its payment: depending on the month of the year in which the sale is signed, it will be up to the new owners to update the information and formalize the following payments.
In the event that the tax is collected in a single payment, the seller and the buyer will have to agree if and how the part corresponding to the pending months will be paid.
- Certificate of the community of owners
If your property belongs to a community of owners, it is necessary to provide a certificate that guarantees that you are up to date with the payments of the fees and spills. Generally, the document must include the immediate installments and spills, so that the buyer is aware.
In the event that the owner is not up to date with the payments of his community of neighbors, the document must indicate the amount owed.
The document must be signed by the corresponding property administrator.
- Certificate of outstanding debt
If the property is mortgaged, you must request the issuance of this document at your bank. Its function is to certify the amount pending repayment of the credit.
In addition, it may include debtor interest or late payment interest for unpaid installments, if any. The outstanding debt certificate can also collect other information about the characteristics of the mortgage loan, such as commissions or penalties.
The holder of the credit is in charge of requesting it from the bank, with the date closest to the signing of the sale, so that it reflects the most recent information.
- Energy Efficiency Certificate
Since 2013, all homes must have an energy efficiency certificate. It consists of an official document that collects information on the energy consumption of a property. The elaboration is carried out by an accredited certifying technician. The certificate attributes an energy label to the property, which must also be submitted with the report.
- Technical Inspection of Buildings (ITE)
The ITE is a document that certifies that the owner of a property complies with his duty of conservation and rehabilitation. It also confirms the security level of the property.
It must be signed by authorized personnel (architects, engineers, surveyors). It is mandatory for all those properties that are over 50 years old and must be repeated every 10 years.
Not all the autonomous communities request this document; some have their own controls and it is these reports that are requested for the sale of real estate.
- Certificate of occupancy
The habitability certificate is the document that certifies that the property is suitable to be a habitable dwelling and that it meets the safety requirements for supplies and services.
Some autonomous communities require this document, which is responsible for certifying that a property has the technical, hygienic or sanitary conditions to be able to be sold, among other options. It usually includes the dimensions of the property, characteristics or equipment, among other information.
In some communities, this document must be prepared by an architect and must have the seal of the corresponding College of Architects. In others, a responsible statement is valid.
In the purchase of second-hand homes, the notary requests it for the granting of the deed of sale.
- Other documents
There are some documents that are not legally required, but are usually requested in a sale and are provided as a courtesy.
It’s about a house plan, documentation such as guarantees or instructions of elements of the house, acts and community bylaws of neighbors and recent utility bills (electricity, water, heating, Internet, telephone) to manage the change of ownership.
At Espígul we have a multidisciplinary team that will accompany you and advise you throughout the buying and selling process.