Documentation required for a sale
To sell your house, you will need to prepare a series of legal and administrative documents required during the sale process.
Here is a detailed list of thenecessary documentation:
1.Personal documentation of the owner: DNI or NIE: Valid National Identification Document or Foreigner Identification Number. Certificate of residence registration (if applicable): If you have resided in the property, this might be required in certain cases. Tax residence certificate: This document is generally not necessary since fiscal residence in Spain is presumed if you file taxes here. However, if you need to prove your fiscal residence (e.g., if requested by the buyer or notary), you can obtain it from the Tax Agency.
Spanish law requires 3% of the sale price to be withheld as an advance payment of the capital gains tax for non-residents. The buyer must deposit this amount with the Tax Agency on behalf of the seller.
3. Property documentation:
- Property deed: A document proving legal ownership of the property.
- Updated land registry report (nota simple):Obtained from the Property Registry, it certifies ownership and whether the property is free of encumbrances.
- Cadastral reference: A number assigned by the Cadastre that identifies the property, usually found on property tax (IBI) receipts.
- Energy certificate: A mandatory document indicating the energy efficiency of the property.
- Certificate of habitability or first occupancy license (if necessary): May be required depending on the autonomous community.
- Floor plan of the property (optional): If you have an updated floor plan, it may be useful for buyers.
- Certificate of zero community debt (if applicable): Demonstrates that there are no outstanding debts with the homeowner's association, issued by the administrator or president of the community.
- Receipt of the last IBI payment (Property Tax):Proves that the tax has been paid.
- Certificate of utility payments:Recent proof of payment for utilities such as water, electricity, and gas.
- Mortgage details (if applicable): If the property has a mortgage, you will need a certificate of outstanding debt to cancel it at the time of sale.
- Power of attorney (if applicable): If you cannot attend the signing in person, an authorized representative will need this document.
- Additional documents for rented properties: If the property is rented, you must provide the rental agreement and specify the terms for the tenant.
- Private contract or sale agreement: If you have reached a prior agreement with the buyer, it will be necessary to sign an earnest money agreement. This document outlines the sale conditions and penalties for non-compliance.
For detailed information on the expenses sellers must cover, visit our link: https://www.theoceangroup.es/gb/blog/expensessellofproperty/ To learn about the expenses buyers must cover, visit:https://www.theoceangroup.es/gb/blog/costsbuyingproperty/
It isadvisable to seek the advice of a qualified and registered lawyer, manager, orreal estate agent to ensure that the entire process is carried out correctlyand to avoid any legal or tax surprises. Additionally, a notary will formalizethe sale and ensure that the documentation is in order.
If youwould like more information, feel free to contact us at Ocean Group Gestión y Servicios Inmobiliarios.
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