Step by step: How to sell your home in Spain as a non-resident foreigner

Selling a property in Spain as a non-resident foreigner is entirely feasible, but it comes with certain specific legal and tax considerations that are worth understanding from the outset. Not being familiar with Spanish regulations, not knowing current market prices, or being unable to travel easily can raise questions, especially regarding documentation, the signing of the deed, and tax obligations.

In this guide, we explain how to sell your home in Spain as a foreigner if you do not reside here, what steps we must follow, whether it is necessary to travel to Spain, and which aspects should be considered to ensure the transaction proceeds smoothly and without complications.

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When Is a Foreigner Considered a Non-Resident?

According to the Agencia Tributaria (AEAT), a person is considered a tax resident in Spain when any of the following situations apply:

• They habitually live in Spain, spending more than 183 days per year in the country.
• Their family nucleus is in Spain, meaning their spouse and dependent minor children usually reside in the country.
• They carry out their main economic activity in Spain or have their primary professional or economic interests located here.

If none of these conditions are met, the person is considered a non-resident, which means that the sale of the property will be subject to a specific tax regime for non-residents.

What Steps Must Be Taken to Sell a Property in Spain as a Non-Resident?

Selling a property in Spain when you do not reside in the country is a process similar to any other sale. However, it is important to clearly understand the steps involved in order to properly organise timelines and formalities from abroad.

In general terms, the sales process includes:

• Defining the sales strategy, analysing the market and setting a selling price in line with the area and the condition of the property.
• Preparing the necessary documentation, both relating to the property and to the seller’s personal and tax situation.
• Advertising the property and managing viewings, either directly or through a real estate agency.
• Negotiating the price and sale conditions with the buyer.
• Signing the deed of sale before a notary, either in person or by granting a power of attorney if you are unable to travel.
• Settling the taxes arising from the sale, in accordance with the tax rules applicable to non-residents.

Throughout this article, we explain each of these steps in greater detail, taking into account the specific considerations involved in selling a property from outside Spain.

How to Buy a House in Spain as a Non-Resident Foreigner

What documents do non-resident foreigners need to sell a property in Spain?

Before putting the property on the market, it is important to gather all the required documentation in advance. Having everything prepared from the beginning makes the process smoother, helps avoid delays and allows the transaction to be completed more efficiently, especially when the owner does not reside in Spain.

Documents the seller must provide

• Title deed (escritura de propiedad), which proves that we are the legal owner of the property.
• Updated Land Registry extract (nota simple registral), showing the property details, ownership and any possible encumbrances or charges. It is requested from the Registro de la Propiedad (Land Registry Office).
• Energy Performance Certificate (Certificado de Eficiencia Energética), mandatory in order to advertise and sell the property.
• The latest Property Tax (Impuesto sobre Bienes Inmuebles – IBI) receipt, required to confirm that the tax is up to date.
• A certificate confirming no outstanding debts with the community of owners, if the property belongs to a building or residential development with a homeowners’ association.
• NIE (Número de Identidad de Extranjero), essential for signing before a notary and for complying with tax obligations.

Other documents that may be required

Depending on the characteristics of the property, the notary or the buyer may request additional documentation:

• Mortgage debt clearance certificate (certificado de deuda cero), if the property has been mortgaged, to prove that the loan has been fully repaid.
• Building Technical Inspection (Inspección Técnica del Edificio – ITE), in the case of older buildings or when required by municipal regulations.
• Occupancy certificate (cédula de habitabilidad), mandatory in some Autonomous Communities in order to formalise the sale or contract utilities.
• Receipts for the latest utility bills, to prove that supplies are fully paid. These can be requested through the customer service departments of the respective utility companies.

How to set the selling price if you live outside Spain

One of the most common mistakes when selling your home as a non-resident foreigner is failing to adjust the price to the real market value and the specific area.

To set an appropriate price, it is advisable to:

• Analyse the average prices of similar properties. Factors such as size, number of bedrooms and bathrooms, the age of the building, whether it is interior or exterior, and other relevant features should be considered.
• Take into account the location, condition and local demand.
• Rely on professional valuation tools.

Is it advisable to use a real estate agency when selling your home as a foreigner?

For non-resident foreigners in Spain, working with a professional real estate agency is particularly advisable.

A real estate agency can take care of:

• Carrying out a property valuation and advising you on the price to ensure it is aligned with the market.
• Managing viewings and price negotiations.
• Taking professional photographs to make the property more attractive.
• Coordinating the necessary documentation.
• Assisting you through to the signing before a notary.

Some factors we can consider when choosing an agency include its online visibility and its years of experience in the sector.

Will Spain ban foreign non-resident home buyers?

Is it necessary to travel to Spain to sell your property?

If we do not reside in Spain or cannot travel to manage the sale, it is possible to grant a power of attorney so that another person can act on our behalf throughout the process.

A power of attorney is a legal document through which the owner authorises a representative to act on their behalf during the sales process. Thanks to this document, the representative can carry out specific actions, such as signing the deed of sale before a notary.

This option is common when the seller lives abroad and allows the transaction to proceed normally, provided that the power of attorney has been properly granted.

Where can a power of attorney be granted?

The power of attorney can be granted from abroad in two common ways:

• By going to a Spanish consulate.
• Before a local notary in the country of residence, provided the necessary legal requirements are met.

When the power of attorney is signed outside Spain, for it to be valid here it must be legalised or apostilled, certifying the authenticity of the document. In addition, if it is drafted in a language other than Spanish, it must be accompanied by a sworn translation into Spanish carried out by an officially authorised translator in Spain.

What documentation is required to grant a power of attorney to sell our property?

The notary will inform us of the specific documentation required to sign the power of attorney. As a general rule, the following is requested:

• A valid identification document, such as a passport.

• The draft of the power of attorney to be granted.

• In some cases, the NIE (Número de Identidad de Extranjero), especially if the power relates to transactions in Spain.

Once the power of attorney has been properly legalised or apostilled and reaches Spain, it can be used immediately. However, timeframes may vary depending on the country from which it is processed and the time required to send the documentation.

This type of power of attorney is common in transactions involving owners who live abroad and is used, among other cases, for the sale of property in Spain from overseas, as well as for other administrative or legal procedures.

What taxes does a non-resident foreigner pay when selling a property?

Step 1: what happens at the time of the sale

At the moment of signing the deed of sale, the buyer is legally required to withhold 3% of the sale price and pay it to Hacienda (Spanish Tax Agency).

This amount:

• Is not received by the seller at that time.
• Is not a final tax.
• Is an advance payment of the tax that must be regularised later.

Step 2: what is the 3% withholding for?

The 3% withholding acts as a payment on account of the Impuesto sobre la Renta de No Residentes (IRNR), which is the tax applied to any capital gain obtained from the sale.

Once the sale has been completed, the non-resident seller must submit the corresponding tax return in order to regularise the transaction.

Step 3: what happens to that 3% afterwards?

After filing the IRNR return, two situations may arise:

• If the sale has generated a capital gain, the seller must pay the corresponding tax.
  In this case, the 3% previously withheld is deducted from the final amount due.
• If there has been no gain, or if the tax payable is less than the 3% withheld, the seller may request a refund of the excess amount withheld.

Step 4: the municipal tax (plusvalía)

In addition to the IRNR, the seller must pay the plusvalía municipal, a local tax due when there has been an increase in the value of the land.

This tax:

• Is paid to the town hall where the property is located.
• Is independent of the IRNR and the 3% withholding.

Taxes for Foreigners Buying Property in Spain

Formalities after the sale of the property

Once the sale has been completed, it is advisable to:

• Cancel or change the ownership of utilities.
• Keep all the documentation related to the transaction.
• Verify that all tax obligations have been properly settled.