Required documents for buying or selling property in2023

Buying a house is a significant investment that requires certain documents to complete the purchase transaction. This ensures the proper conduct of legal procedures, guaranteeing compliance with the law and avoiding future issues. In this article, we will discuss the necessary documents for purchasing a home.

Documents provided by the seller of the property:

• Document of ownership: a document that confirms the right of ownership of a property.
• Information about the property in the Register of Ownership: this is how to check for any encumbrances (if there are any, they need to be resolved before the sale).
• The energy efficiency certificate shows the energy consumption of a home, and it is mandatory for selling a house.
• A certificate of suitability for habitation or a first occupancy license: they guarantee that the housing meets the minimum requirements for living.
• Certificate of debt to the homeowners' association (if one exists): it must be signed by the administrator and the chairman.
• Charter of the homeowners' association and documentation from the latest meetings.
• The book is at home (if there is one).
• The latest property tax payment receipts (you need to have at least the last four receipts).
• Deposit agreement: an optional but recommended document.

The process of selling property:

Here are the stages and steps that need to be taken to carry out a transaction for the purchase and sale of secondary housing:

1. Booking: this is an optional private document in which the buyer pays a small amount as a guarantee for the transaction.
2. Deposit agreement: this is a different contract in which the buyer transfers a certain amount (usually more than with a reservation) to the seller to secure the transaction. It differs from a reservation agreement in that it includes a deadline, conditions, and measures regarding the party that refuses to proceed with the deal.
3. Signing the contract: the operation is carried out, the contract is signed in front of a notary, and the ownership of the house is transferred. After this, the buyer will need to pay the property transfer tax (ITP) within 30 days of the sale of the property.

Sample real estate purchase agreement:

If you are selling a house through a real estateagency, the agency usually provides such a contract, taking care of all the necessary formalities. However, if you want to review a sample contract, you can download a sample real estate purchase agreement in Word format at this link.

Documents for selling real estate if you are not a resident:

If you want to sell your house in Spain without being a resident and pay taxes in another country, you need to provide additional documents along with those already mentioned. You must also provide your passport and proof of tax payments in the other country.

Additionally, please note that all documents presented in a foreign language must be apostilled, meaning they need to have an official translation that verifies the authenticity of these documents into Spanish. In any case, keep in mind that most real estate agencies are well acquainted with this procedure and will be able to assist you.

What documents does a home seller need?

If you are the seller, you need to provide the following documents to the notary:

1. Identity document (DNI/CIF) or a valid residence permit.
2. Marital status, marriage relationship regime, and place of residence.
3. Document of ownership.
4. Document on the acceptance of inheritance (if that's the case).
5. Receipt for property tax payment (IBI).
6. Certificate of energy efficiency for housing.
7. Certificate of payment for utility services.
8. Certificate of readiness for occupancy.
9. Document confirming payment of utility services.
10. Certificate of mortgage debt, if any, and a request for its repayment.
11. Notarized power of attorney (if someone is acting on behalf of the seller).

How to close a real estate sale deal?

To finalize a real estate sale, follow these steps:

1. Payment of the reservation or the amount specified in the deposit agreement.
2. Signing the contract.
3. Registration in the Property Registry.
4. Change of ownership in the Cadastre.
5. Changing utility service providers.

If you want to avoid having to think about all the necessary documentation and procedures, you can always turn to a real estateagency that will help you carry out all the necessary operations and gather the required documents. With idealista, you can find suitable real estate professionals to assist you with the sale of your property.