Selling a property that is not the owner's main residence requires complying with specific legal, fiscal, and documentary obligations. In Spain, the Tax Agency has strengthened controls over real estate transactions in 2025, especially those related to second homes, to ensure the correct taxation of capital gains and prevent tax fraud.
Why is it important to comply with regulations when selling a second home?
Although it may seem simple, selling a property as a second home involves fiscal and administrative responsibilities that should not be underestimated. Key reasons include:
Capital gains taxation: Selling a second home generates obligations under the Personal Income Tax (IRPF).
Applicable withholdings and taxes: Especially if the buyer is a legal entity or resides abroad.
Legal documentation: Missing deeds, certificates, or payments can delay or invalidate the transaction.
Avoiding penalties and disputes: The Tax Agency may impose fines for incorrect declarations or omission of relevant information.
Complying with regulations not only avoids penalties but also ensures a secure and transparent transaction for both the seller and the buyer.
Checklist 2025: Requirements for selling a second home
Selling a second home involves more than signing a contract: it is a process that combines legal, fiscal, and administrative obligations, and any oversight can generate penalties or delays. The key aspects every owner should consider before selling are:
1. Property and legal documentation
Before initiating the sale, it is essential to verify that the property is correctly registered. The deed must be up to date and accurately reflect ownership. Additionally, check that there are no pending encumbrances, mortgages, or liens that could affect the transaction.
It is also important to have certificates proving that local taxes, such as property tax (IBI) or municipal fees, are paid, as these documents will be required by the buyer and the notary to formalize the sale.
2. Energy efficiency certificate
In Spain, any property for sale must have a valid energy efficiency certificate issued by an authorized technician. This document informs the buyer about the property's energy consumption and efficiency and must be provided before signing the purchase agreement. Additionally, having this certificate facilitates the sale, as many buyers require it to assess energy costs.
3. Taxation: Capital gains and IRPF
Selling a second home generates capital gains subject to IRPF. To calculate the gain, subtract the purchase price from the sale price, including expenses and improvements. Carefully document all deductible expenses, such as renovations, agency fees, notary costs, or taxes paid, to optimize the tax burden.
If the buyer is a non-resident, they must withhold 3% of the sale price and remit it to the Tax Agency. Subsequently, the seller can regularize the transaction according to the actual capital gain, avoiding undue payments.
4. Community and urban status certificates
If the property is part of a homeowners' association, it is essential to obtain a certificate proving that the property is up to date with community fees. This prevents future conflicts and demonstrates transparency to the buyer.
Similarly, occupancy licenses, technical certificates, and the condition of installations (water, gas, electricity) must be reviewed, as some municipalities require this documentation to finalize the sale.
5. Sale contract and notarization
Before visiting the notary, it is advisable to draft a private contract detailing the terms of the transaction: price, delivery dates, payment method, and possible penalties. This contract serves as a guarantee of commitment between the parties.
The transaction must be formalized through a public deed before a notary, essential for the legal validity of the sale and to register the new owner in the Property Registry.
6. Tax management and closing the transaction
Finally, the seller must ensure compliance with all tax obligations arising from the sale. This includes self-assessment of IRPF on capital gains and payment of municipal capital gains tax, which taxes the increase in land value.
Proper planning and declaration prevent penalties and ensure that the transaction closes legally and safely. It is also recommended to keep all receipts and certificates, which may be requested by the Tax Agency in future audits.
How can we help?
At Dr. Frühbeck Abogados, we assist owners and buyers at all stages of selling second homes, ensuring legal and fiscal compliance:
Review of the property's legal and fiscal status.
Advisory services on capital gains declarations and tax calculations.
Preparation of contracts and notarial deeds.
Management of certificates and necessary technical documentation.
Assistance in inspections or requests from the Tax Agency.
Contact us for personalized advice and ensure your sale is carried out safely, transparently, and in compliance with current regulations.