When selling a property in Andalusia, buyers and their lawyers will expect specific paperwork. Some documents are legally required before advertising, while others are needed before signing at the notary.
Below is a practical overview of what you will normally need.
1. Title Deed (Escritura de Compraventa)
The escritura is the official notarial deed that proves you are the legal owner.
It shows:
- Who owns the property
- The official description
- The purchase date and price
- The notary who signed it
If you no longer have your original copy, your lawyer can obtain an authorised copy from the notary where it was signed.
2. Recent Nota Simple from the Land Registry
A Nota Simple is a short extract from the Spanish Land Registry.
It confirms:
- The current registered owner
- Any mortgages or charges
- The official property description
Buyers’ lawyers always request a recent Nota Simple during due diligence. It is common to obtain one before marketing the property.
3. Cadastral Reference (Referencia Catastral)
The cadastral reference identifies the property in the Catastro system.
Ideally, the Catastro and Land Registry descriptions should match. If there are differences in size or layout, it is better to identify them early rather than at the last minute.
4. Energy Performance Certificate (CEE)
In Spain, an Energy Performance Certificate is legally required before advertising a property for sale.
It:
- Rates the property from A to G
- Must be registered in Andalusia
- Is valid for 10 years
An energy certificate is legally required for sale advertising. It should be in place before the property is marketed, and the rating is typically shown in adverts.
5. Latest IBI and Local Tax Receipts
IBI (Impuesto sobre Bienes Inmuebles) is the annual property tax.
At completion, the buyer’s lawyer will normally request proof that:
- IBI is paid up to date
- Rubbish tax (basura) is paid
- Community fees are paid (if applicable)
The legal taxpayer for a given year is the person who owned the property on 1 January of that year. Seller and buyer often agree to prorate IBI between themselves, but the town hall will still treat the 1 January owner as the taxpayer.
6. Community of Owners Certificate (If Applicable)
If the property is part of a community, the administrator must provide a certificate confirming that no community fees are outstanding.
This protects the buyer from inheriting unpaid debts.
7. Mortgage Documentation (If There Is a Loan)
If the property has a mortgage registered, the bank must issue:
- A certificate of the outstanding balance
The mortgage must then be formally cancelled at notary and removed from the Land Registry. Until this is done, it remains visible on the Nota Simple.
8. Rural Property Documentation (If on Rustic Land)
For properties on rustic land in Andalusia, buyers may request clarification about planning status.
This can include:
- AFO (Asimilado a Fuera de Ordenación)
- DAFO certificate
- Confirmation of construction age
Whether these documents are required depends on the property and the buyer’s plans.
9. Seller Identification
At the notary, sellers must provide:
- Valid passport or Spanish ID
- NIE number
If you cannot attend in person, you may need to grant Power of Attorney to a lawyer.
10. Documents Needed for Capital Gains Calculation
To calculate potential capital gains tax, it is important to keep:
- Your original purchase deed
- Proof of purchase taxes paid
- Invoices for approved improvements
- Agency and legal invoices related to the sale
These documents help establish the acquisition value for tax purposes.
Can Missing Documents Be Updated During the Sale?
In many cases, yes.
For example:
- A new Nota Simple can be requested at any time.
- The Energy Certificate can be arranged while marketing begins.
- Mortgage cancellation can be coordinated before completion.
However, registry discrepancies or planning issues are best addressed early to avoid delays.
Final Document Checklist Before Notary Completion
Before signing the deed of sale at the notary, you should normally have:
- Title deed copy
- Updated Nota Simple
- Registered Energy Certificate
- Latest IBI receipt
- Community certificate (if applicable)
- Mortgage cancellation documents (if applicable)
- Valid identification
Having these ready in advance makes the legal process smoother and reduces last-minute stress.
