How to sell a house in Spain while living abroad

To sell a home in Spain without travelling, the usual route is to grant a specific power of attorney to sell to someone you trust or a professional in Spain, who will sign the deed before a notary on your behalf. You can sign the power at the Spanish Consulate, before a local notary with an apostille and sworn translation, or by video call with a Spanish notary (Ley 11/2023), which is the fastest route. You will also need your NIE and the property documents, and you should plan for non-resident taxation: the buyer will withhold 3% of the price on account of your non-resident income tax (IRNR). The whole process, from power of attorney to deed, usually takes 3 to 8 weeks.

First decide: do you travel to sign or sell through an attorney?

The deed of sale of a property requires you to appear in person before a Spanish notary. Ley 11/2023 does not allow property sales to be signed by video call. So you have two options:

1. Travel to Spain for the signing. This makes sense if you were coming anyway, but it ties you to a completion date that often moves because of the buyer's bank or the registry.
2. Sell through an attorney. You grant a specific power of attorney to sell to someone you trust (a relative, your lawyer, an agent) and that person signs for you. It is the standard option for people living abroad: the completion date no longer depends on your flights.

What you can sign by video call with a Spanish notary is the power to sell itself, because it is a power for a specific act of the kind allowed by article 17 ter of the Ley del Notariado (Notaries Act). That combination (power by video call plus signing by attorney) lets you sell without leaving your country and without waiting for a consular appointment.

Step 1: grant the specific power to sell

The power must identify the property and describe the powers. A generic power risks being considered insufficient by the notary or the registrar. A well-drafted power includes:

1. Identification of the home: address, cadastral reference and registered property number.
2. Power to sell for the price and on the terms the attorney sees fit, or with a minimum price if you prefer to set a limit.
3. Power to collect the price and sign the public deed.
4. Ancillary powers: cancelling the mortgage if there is one, making tax declarations, obtaining the energy performance certificate, paying taxes and handling the registration.

To sign it from abroad you have the usual three routes: the Spanish Consulate (no apostille or translation, but weeks of waiting for an appointment), a local notary plus a Hague apostille and sworn translation, or a video call with a Spanish notary through the Portal Notarial del Ciudadano. The last one requires a digital certificate, electronic DNI or Cl@ve, and can be done in 24 to 72 hours. We explain it in detail in international powers of attorney online.

Step 2: get your NIE and the property documents

If you are a foreign national, the NIE is essential: without it you cannot sign the deed or pay taxes. If you had one and cannot find it, the number does not change; you just need to recover the certificate. If you have never had one, you can apply through the consulate or have it done for you; see NIE online. Spanish sellers use their DNI, although if it has expired it is best to renew it before the sale.

Property documents the notary or buyer will ask for:

1. The purchase deed (title deed).
2. A nota simple (registry extract) from the Land Registry, which the notary obtains online.
3. The latest property tax (IBI) receipt and a certificate that you are up to date with the community of owners.
4. Energy performance certificate, compulsory for sales since 2013; it is now governed by Real Decreto 390/2021 (Royal Decree 390/2021). The attorney can order it.
5. Certificate of habitability or second occupation licence, depending on the region (compulsory in Catalonia, the Balearic Islands and the Valencia region, for example).
6. If there is an outstanding mortgage: a certificate of the debt from the bank so it can be cancelled in the same deed.

Step 3: deposit agreement, deed and payment

1. Deposit agreement (arras). Once a buyer appears, the usual step is to sign a withdrawal deposit agreement (arras penitenciales, article 1454 of the Civil Code) with a deposit of 5 to 10%. The attorney can sign it if the power allows; include this in the draft.
2. Preparing the deed. The notary's office checks charges, requests an updated registry extract and coordinates with the buyer's bank if there is a new mortgage.
3. Signing. Your attorney appears with the power (authorised copy) and signs the sale. If the power was granted by video call, the electronic authorised copy reaches the notary's office directly online.
4. Payment. The price is normally paid by banker's draft or transfer. A Spanish bank account is not compulsory, but it makes collecting the price and paying taxes easier; many non-resident sellers keep an account open until everything is settled.

Step 4: taxes for a non-resident seller

This is the real difference from a sale between residents. If you are not tax resident in Spain:

1. 3% withholding. The buyer must withhold 3% of the price and pay it to the Tax Agency with form 211 within one month of signing (article 25.2 of the Non-Resident Income Tax Act). They will give you a copy of the form: keep it, it is your proof.
2. Declaring the gain. You then file form 210 declaring the capital gain, taxed at 19%. The deadline is three months from the end of the month the buyer has to pay the withholding. If the 3% withholding is more than the tax due, the Tax Agency refunds the difference; if the gain was larger, you pay the rest.
3. Municipal capital gains tax (IIVTNU). On sales by non-residents, the town hall can claim it from the buyer as substitute taxpayer, and in practice the buyer usually withholds that amount from the price as well. It is calculated on the increase in the value of the land.
4. Double taxation treaties. If you are taxed in your country of residence on the same gain, the bilateral treaty with Spain determines how double taxation is avoided. Check the specific treaty: they differ in the details.

An example in round numbers: you sell for 200,000 euros a flat you bought for 150,000. The buyer pays 6,000 euros (3%) with form 211. Your gain, after deductible expenses, is around 45,000 euros; the tax at 19% is 8,550 euros. With form 210 you pay the remaining 2,550. If you had sold at a loss, form 210 would let you recover the 6,000 withheld.

Documents you need

1. Specific power to sell (consular, apostilled or signed by video call).
2. The seller's NIE (foreign nationals) or DNI (Spanish nationals).
3. Title deed and registry extract.
4. Energy performance certificate and, depending on the region, certificate of habitability.
5. Property tax (IBI) receipt and certificate from the community of owners.
6. Certificate of the outstanding debt from the bank, if there is a mortgage to cancel.
7. Proof of the purchase and of any improvements, to calculate the gain on form 210.

Mistakes that invalidate or delay the sale

1. A power that does not identify the property or lacks the power to collect the price. The registrar may refuse to register the sale and a new power will have to be granted from abroad, with the weeks that takes.
2. Signing the deposit agreement before the power is ready. If the agreement sets a completion date and the power does not arrive in time, the buyer can withdraw and claim double the deposit from you (article 1454 of the Civil Code, for penitential deposits).
3. A power before a common-law notary public without equivalence wording. A signature certification without checks on identity and capacity may not pass the Spanish notary's review.
4. Forgetting form 210. The 3% withholding does not exempt you from filing. Filing late brings surcharges, and not filing at all means you cannot recover the withholding if you sold at a loss.
5. An expired NIE or an NIE certificate that cannot be found on the day of signing. The number does not expire, but the attorney needs to prove it with a document before the notary.
6. Not providing for the mortgage cancellation in the power. If there is outstanding debt and the attorney cannot cancel it, the transaction stalls at the signing table.

Frequently asked questions

Can I sign the sale by video call?

No. Property sales are not on the list in article 17 ter of the Ley del Notariado. You can sign the power to sell by video call; your attorney signs the deed in person.

How long does it take to sell from abroad?

The power, from 1 day to 8 weeks depending on the route you choose. Once the buyer and the power are ready, the deed can be signed in 2 to 4 weeks, as long as it takes the notary to check charges and the buyer's bank to approve their mortgage. Overall, 3 to 8 weeks is a realistic range.

Who pays the municipal capital gains tax if the seller does not live in Spain?

The rules allow the town hall to claim it from the buyer as substitute taxpayer. That is why the buyer usually withholds that amount from the price in the deed.

Do I get the 3% back if I sell at a loss?

Yes, by filing form 210. The Tax Agency reviews the return and refunds the withholding if there was no gain. The refund can take several months.

Do I need a Spanish bank account?

It is not compulsory. The price can be paid by banker's draft, which the attorney pays in, or by international transfer. A Spanish account makes collecting the price and paying any outstanding taxes simpler.

Can anyone be the attorney?

Yes: a relative, a friend, your lawyer or an agent. They must be an adult and identifiable with a DNI or NIE. Choose someone who can go to the notary's office on the signing day and deal with the follow-up.

Sell without buying a plane ticket

Notaría Online coordinates the whole sale with registered notaries: we draft the power so it will be accepted as sufficient, arrange its signing by video call or guide you through the consulate, and prepare the deed and the non-resident tax side. If you are in the opposite situation and want to buy, see our power of attorney to buy a home remotely service. Write to us and we will tell you the timescale and cost for your case.

This content is for guidance only and does not constitute legal advice.