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Sales and purchase of apartments

sale, purchase or rental investment

Barcelona is an attractive city that has many advantages such as a Mediterranean climate, a rich culture and is future oriented. Moreover, real estate prices are sometimes more interesting than elsewhere. However, to buy or invest well in Barcelona, you need to grasp all its legal, commercial and technical components. LOCA BARCELONA accompanies you through every step of an apartment purchase in Barcelona and beyond.

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The steps to follow to become a landlord in Barcelona

Buying a home in Barcelona for an uninitiated can be tricky. The purchase process is different from other countries, for example, there is no law for the definition of surfaces and there is less control on the part of the notary. It is therefore highly recommended to be accompanied by a real estate professional.

STEP 1: Purchase proposal (Written offer)

When you have found the accommodation you wish to purchase, you must make, with our agency, a written offer that expresses your interest in the property. For this you will have to pay a sum of about 2000€ to the agency, showing your commitment to the acquisition of the housing. From this moment on, the seller has two possibilities:

  • The seller refuses your offer, in which case the money you paid will be returned to you.
  • The seller accepts your offer, which allows you to proceed to the second stage, the sales agreement.

STEP 2: Create the sales agreement or «contrato de arras»

After the acceptance of the offer by the seller, it will take about ten days for the signing of the sales agreement. This is followed by the signing of the sales agreement. It is therefore a private contract between the two parties, that commits them to the sale of the property. This contract will be drawn up by the agency and will redefine the property offered for sale, such as the description of the housing, the surface, the available equipment, the conditions of the sale. The maximum date of signing of the authentic deed of purchase before a notary will also appear on the sales agreement.

The signed sales agreement has a legal value between the two parties. It is, therefore, necessary to be very attentive in the negotiation and drafting of the conditions (absence of urban servitude1, renunciation by a public authority of its right of preemption2  on the property, mortgage situation cleared3 at the time of sale) because it is very difficult to return to these clauses at the time of signing the authentic deed of purchase before a notary (in Catalonia, it is the buyer who chooses the notary).

Generally, the buyer must pay at the time of the sales agreement a deposit of about 10% of the total cost of the property to ensure the reservation, but this sum can be freely defined between the two parties. Unlike in France, the check is never used, it will be necessary to ensure the payment either by bank transfer or by escrowing the deposit. The rest will be paid at the time of signing the authentic deed of purchase with the notary.


NOTES: the deposit is an advance made by the buyer to the seller. However, according to Article 1454 of the Spanish Civil Code, penalties are incurred in case of cancellation of the contract:

  • If the buyer withdraws after the payment of the deposit, the sum he has paid will not be returned to him.
  • If it is the seller who decides not to sell, the deposit collected must be doubled (for 20000 € of the deposit paid, he must return 40000€).

As part of financing by a foreign bank, you will have to facilitate the translation of the sales agreement to initiate your bank loan.

STEP 3: Obtaining the Foreigner Identification Number (NIE)

Once the sales agreement has been made, you will need to obtain the Foreigner Identification Number, or NIE, which is a number intended for non-Spanish citizens. It is mandatory for any purchase or sale of property in Spain, as well as for other administrative formalities, such as registration of a driver’s license, opening a bank account, or paying bills. It is a unique and exclusive personal number. To get it, you will have two solutions:

  • If you are abroad, you will have to apply to the Spanish consular authorities.
  • If you are already in Barcelona, you will need to make an appointment on the Spanish government website.

NOTES: The documents to show at the appointment:

  • The form EX 15 in triplicate ;
  • Your passport or national identity card (original + photocopy).
  • A document proving the need for the NIE (in our case, a promise to sell).
  • The sheet indicating the date and time of the appointment.

There are two types of NIE: non-resident NIE and resident NIE.
For the acquisition of a property, a non-resident NIE is sufficient. If the property you are going to buy will become your main place of residence, then you will subsequently have to apply for a resident NIE. The NIE application costs around 10€ and has a validity period of three months. The NIE can be renewed by following the same approach, but its cost will be reduced, about 7€. The time of receipt of the NIE is variable and can range from 1 to 5 weeks, and it will be necessary to pick it up at the local office.

STEP 4: The authentic act of purchase or «deed of sale»

In Spain, the sale is concluded with the signing of the authentic deed of purchase by a notary, a moment during which the final payment and the transfer of possession of the property are made.

 On the appointed day, the buyer and the seller will have to go to the notary office to sign the authentic deed of purchase-sale, or “deed of sale. Therefore, the buyer must ensure the payment of the remainder of the total cost of the property (the remaining 90%) and thus the transfer of possession of the property to the buyer can be validated with the delivery of the keys.

From the beginning of the purchase process, our agency will take care of checking the relevant documents of the property for you (community charges paid, amount of the mortgage to be canceled on the day of the notary, work in progress, or to be carried out in the building, cédula de habitabilidad…).

In the event that the seller is in a situation of real estate credit, it is possible to ask the bank for a mortgage statement, to note the amount that the seller still has to pay. To ensure that you do not have to pay the mortgage after the purchase of the property, you must pay on the day of the notarial deed the balance of the mortgage directly to the bank. The seller will therefore receive the rest (Total amount of the property mortgage). This allows you to avoid unpleasant surprises.

After signing the authentic deed of purchase, the notary will send a copy to the local land registry.

Notes: Several costs are to be taken into account after signing the deed of purchase:

  • If the property is new, there will be a VAT (IVA in Spanish) of 10% of its total value, but there will be no Inheritance Tax (ITP). Conversely, if the property is second-hand, IT will be the ITP that will be paid and not VAT. However, the ITP is also at 10% of the total value of the property.
  • Notary fees, about 800€.
  • Registration in the Property Register, about 590€ (the registration period is from 2 to 4 months).
  • The “Gestoría”, about 300€.

In total, these fees will amount to approximately 12% of the total value of the property.

STEP 5: The after sale

Everything has been paid, you officially own the property. Now it will be necessary to take care of formalizing the change of ownership of the property. It will be necessary to contact the energy companies (water, gas, electricity). It will also be necessary to inform the co-ownership trustee of the change of ownership.

STEP 6: Enjoy!

Now you have the keys to get the one you are interested in the most, one of your future properties!

You can see on our website the different apartments available for sale in Barcelona. If you need more information, do not hesitate to contact us at our email address contact@locabarcelona.com

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