Selling your property in Spain as a non-resident: step-by-step guide 2026

If you own a property in Torrevieja or on the Costa Blanca and you live abroad, selling it is not complicated — but it works differently from a sale where the seller is a Spanish tax resident. Specific taxes apply only to non-residents, the buyer must make a mandatory withholding, and some documents take time to obtain if you don't start early. At Bennecke we have been handling these sales since 1988. What most often delays a transaction isn't the market: it's paperwork that wasn't ready when the buyer appeared.

Before you list the property

The first step isn't calling an agent. It's knowing which documents you have and which you're missing. You'll need your valid NIE (Número de Identificación de Extranjero — your Spanish tax ID), the original title deed, the last paid IBI (annual property tax) receipt, a certificate from the community of owners confirming no outstanding debts, and an Energy Performance Certificate (CEE), which is legally required before you can advertise the property.

If your energy certificate has expired or was never obtained, a local technician in Torrevieja can issue one for around €100–150. Without it, you cannot legally list the property.

The nota simple

The nota simple (land registry extract) confirms who owns the property, whether there are any charges against it — mortgage, liens — and the cadastral description. Any serious buyer will ask for it before making an offer.

You can order it online through the Colegio de Registradores website for around €9. It arrives within 24 to 48 hours. Having it ready before negotiations start avoids nasty surprises: discovering a registered charge once you're already in arras (pre-sale contract) complicates everything.

The arras contract

Once you've agreed on a price, both parties sign the contrato de arras (preliminary purchase contract). The buyer deposits typically 5% to 10% of the agreed price. If the buyer pulls out, they lose that amount. If you withdraw as seller, you pay back double.

The most common form — arras penitenciales, governed by Article 1454 of the Civil Code — gives both parties an exit if circumstances change. The usual window between signing arras and completing at the notary is 30 to 60 days, though it stretches when the buyer needs a mortgage.

The notary and title deed

The title deed is signed before a notary. As seller, you don't need to be physically present in Spain. You can grant a notarised power of attorney to a trusted person — a lawyer, a family member, or a Bennecke agent — to sign on your behalf. That power of attorney is signed before a notary in your country of residence, apostilled, and then valid in Spain.

Notary fees are regulated by law. On a €200,000 sale they typically come to €600–800, usually paid by the buyer. Your notary costs as seller are generally limited to the power of attorney, if you need one.

Taxes for the non-resident seller

This is where selling as a non-resident differs most from a standard Spanish sale. Three tax obligations apply:

The 3% withholding

The buyer is legally required to withhold 3% of the sale price and pay it directly to the Spanish tax authority (Agencia Tributaria) on your behalf. This is not optional: if the buyer fails to do it, they become personally liable for the debt.

On a €200,000 sale, you receive €194,000 at completion. The remaining €6,000 goes to the tax office via form 211 (modelo 211). This acts as an advance payment against your Non-Resident Income Tax (IRNR).

Capital gains tax (IRNR)

Within three months of the sale you must file form 210 (modelo 210) declaring your capital gain. It's calculated as: sale price minus selling costs, minus purchase price plus acquisition costs. The rate for EU residents is 19%. Outside the EU it can reach 24%.

If the 3% withholding exceeds your actual tax liability, the Spanish tax authority refunds the difference. You have up to four years to claim it.

Plusvalía municipal

The plusvalía municipal (IIVTNU) is a local tax levied by the town council on the increase in land value since you bought. Following a Constitutional Court ruling in 2021, you can choose between the objective method (based on cadastral value) and the actual gain method (based on the price difference). If you sold at a loss, you pay nothing.

The amount varies by municipality, years of ownership and cadastral value. In Torrevieja, expect around €1,000–3,000 for an average property.

How long does it take?

From decision to signed deed, the typical timeline is 2 to 4 months. The most common bottleneck isn't the market: it's the seller's documentation.

If everything is in order from the start, the process moves considerably faster. If you need to arrange a power of attorney from abroad, add 1 to 3 weeks depending on your country and the local notary's schedule.

Selling without coming to Spain

It's done all the time. We have handled complete sales for owners in the UK, the Netherlands, Belgium, Germany and the Nordic countries who couldn't, or simply didn't want to, travel. The process is the same: viewings, negotiation, arras, completion. You sign the power of attorney and we handle the rest.

If you want to know what your property is worth or have questions about any step, call us on +34 965 714 362 or write to info@bennecke.com. We have been on the Costa Blanca sur since 1988 and we've seen it all.