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Property Documentation Guide
When you first decide to sell your house, you suddenly face a lot of quite daunting questions about property documentation…
What paperwork do I need to sell my house?
What is it for?
What is it called in Spanish?
How do I obtain it?
How long does it take to get it?
Is there a cost involved?
All these questions do nothing more than highlight just how important it is to work with a reputable agent like HomeEspaña. We know what is required and we can help you obtain, organise and submit all the necessary paperwork in a timely manner so you don’t have to worry about anything.
Here is a list and brief explanation of the documentation normally required to sell a house. HomeEspaña and/or your solicitor can help you to obtain all of the paperwork to avoid your sale being delayed.
Escritura | Title Deed
This is the official Title Deed of your property that the Land Registry sends to you by post, normally two or three months after you completed your purchase at the Notary. You will be required to present this original document at the Notary when you sell your property too, so please make sure you always know where it is!
Copia Simple | Copy of the Deed
You generally receive a copy of the deed on the day you complete your purchase at the Notary, which serves as proof of ownership until the original deed is sent to you by the Land Registry. The notary or your solicitor should be able to send you an electronic copy (pdf) as well, which you can then send by email if requested by your agent or the buyer’s solicitor.
Nota Simple | Land Registry Property Report
This is the first document requested by banks when a potential buyer needs a mortgage to purchase your property. It is basically a non-certified report based on the latest information the Land Registry has about your property. Anyone can request this report online (click here to request in Spanish) using the information contained in the Title Deed. It costs approximately 10€ and will be emailed to you pdf format 24-48 hours after you request it.
Cédula de Habitabilidad / Licencia de 1ª ó 2ª Ocupación |
Habitation Certificate
This document is issued by your Town Hall and is normally valid for a period of five years. All properties on fully urban land have this certificate, as it proves the property meets the minimum standards required to connect to utilities such as water, electricity and gas. In order to obtain this certificate, you will need to present the previous Habitation Certificate at the Town Hall (you will need to book an appointment for this). This certificate should be included in your Title Deed. If it is not, and you don’t have the original, you will need a chartered architect to visit your property and compile a report to present to the Town Hall instead.
HomeEspaña can assist you with this. Once the certificate or architect’s report has been submitted to the Town Hall, the certificate can take from 1-3 months to be issued, so it’s a good idea to request this document as soon as possible so as not to delay completion of your sale.
NOTE: Town Halls will not issue Habitation Certificates for rural villas on land declared as rustic or semi-consolidated. However, the habitation certificate is not required to legally buy or sell rustic properties and most are already connected to utilities like electricity and water, which is one of the main purposes of this certificate.
Impuesto de Bienes Inmuebles (IBI) | Council Tax Receipt
You will need to present the most recent receipt from the Town Hall that you paid along with proof of payment from your bank. If you pay the tax by direct debit and do not receive the receipt by post, you can generally request the most recent receipt by email to your Town Hall.
Recibos de Suministros | Utility Receipts
You will need to provide the most recent receipts of your electricity, gas, water and rubbish collection and treatment bills and also provide proof these have been paid from your bank.
Certificado de Deuda con la Comunidad de Propietarios | Community Fees Certificate
If your property is part of condominium (comunidad de vecinos in Spanish), then you will share certain communal upkeep costs with your neighbours. In order to prove you are up to date with your community payments, you will need to request a certificate from the property management company (Administrador de la Finca in Spanish) via the chairperson or president of your condominium.
You may also be asked to provide the minutes from the most recent neighbours’ association meeting, which the property management company can also provide. The minutes will show whether the community is currently paying for any major work on the building, how much debt is outstanding and how much each home owner has to pay every month until this debt is paid.
Certificado de Eficiencia Energética | Energy Performance Certificate
This certificate is required by law and must be presented at the Notary the day you sign for the sale of your property. The certificate is valid for 10 years, but if you do not have a valid certificate, you will need a chartered architect to visit your property to compile a report to obtain one for you. This should not take more than 10 days and costs approximately 150€. Once again, HomeEspaña can help you with this.
Certificado de Deuda Hipotecaria Pendiente |
Mortgage Certificate of Debt Pending
If you took out a mortgage to buy your property and there is still an amount pending payment, you will need to ask your bank to issue a Mortgage Certificate of Debt Pending, so the buyer knows how much they need to pay to the bank to cancel the mortgage and how much is left to pay to you. The bank will also charge you for cancelling the mortgage at the Land Registry, which is required for the property to be legally registered in the new owner’s name. If you have paid off your mortgage, but the bank has not cancelled it at the Land Registry, you will need to request a Certificate of Zero Debt (Certificado de Deuda Cero in Spanish) to present at the notary when you sell your house. There is no cost for requesting either certificate.
Declaración de Obra Nueva | Notarised Declaration of New Building Works
If you have carried out any building work on your property since you bought it, you will need to update the information the Land Registry has. The way to do this is via a Notarised Declaration of New Building Works. The first step in this process is to hire a chartered architect to visit your property and measure the new building works. The architect will then present a report to the notary, where you will sign the declaration that will subsequently be submitted to the Land Registry.
IMPORTANT: Please remember that the Land Registry does take a couple of months to officially enter the new information. This is important, as banks need an up-to-date property report (see above) in order to carry out a property valuation and confirm a buyer’s mortgage. So, making sure your Title Deed is up to date before you put your property on the market is a good idea, as you will open up your property to both cash and mortgage buyers. HomeEspaña can check your Deed for you and let you know if anything needs to be done before listing your property.
If a buyer does not need a mortgage to purchase your property, you can present the architect’s report on the same day you sign for the sale of the property. That way the new deed in the buyer’s name will have all the up-to-date information about the property and you only need to pay one visit to the notary to finalise both.
Certificado de No Infracción Urbanística | Certificate Confirming Absence of Illegal Building Works
In the case of rural villas on land declared rustic or semi-consolidated (as opposed to urban properties), building restrictions apply. As a result, most buyers of this type of property will request a certificate from the Town Hall confirming that none of the buildings on the property have infringed any building regulations. Town Halls can take some time to issue these certificates, or reports, so it is a very good idea to request this as soon as possible, as it could delay completion of your sale.
