Sellers Costs
From June 1 2013, by Spanish law all property owners who want to sell or rent out their property need an energy certificate. These certificates must be issued by a qualified certifier, such as architects, surveyors or technical house engineers. The costs for such a certificate may vary on the size of the property and can be between 160 and 250 euros. This certificate lasts for 10 years. The invoice for this certificate can also be deducted from the capital gains tax.
According to the Real Decreto 235-2013 this certificate (Certificado de Eficiencia Energética (CEE)) is mandatory for signing the sale.
The plusvalía is a tax over the increase of the value of the ground the property is on. This is paid to the local town hall. The plusvalía is calculated on the basis of 3 factors: The period of ownership, the location of the property and the cadastral ground value. The plusvalía tax can easily be requested at the town hall where the property is located. By law, the plusvalía tax should be paid by the seller.
If the seller is not a Spanish tax resident will have to pay 3% income tax provision or retención in Spanish which goes directly to the tax office to cover any taxes resulting from the sale. However, the seller can claim for a refund if he believes that his tax liability is less than 3%. this may have changed so always best to ask a lawyer.
There are exceptions when the seller does not have to pay capital gains tax and that is when the sellers of the property are older than 65 and have lived there officially for at least the last 3 years.
All official invoices relating to the purchase of the property, such as refurbishing, notary expenses, lawyer expenses and estate agency fees can be deducted from the capital gains tax.
Normally 1% Plus vat of the purchase price.
Estate agents charge a commission based on the sale price. This fee is 2% on the price agreed, Each agent sets their own fees, commissions Fees are 2% plus v.a.t .The important thing is to establish this from the outset and not to sign anything you do not fully understand.
The scale is fixed by law and ranges from around €300 to €1,000 depending on the price of the property. Notary fees Normally split 50/50 with the sellers
Sellers Paperwork you need for your estate agents to advertise and list your property in there Shop /office. Copies of the list below if applicable to your property.
This new law is called Decree 218 ( HIPS in the United Kingdom) and is designed to offer transparency and consumer protection to buyers. Whilst there is a heavy emphasis on protecting the buyer, it should be noted that it is also to protect you the vendor
Failure to provide the information below which is required by law would mean that estate agents cannot list your property for sale. Repercussions of not adhering to this law can leave both the estate agent and the seller with huge fines.