Where sellers get caught out
Many sales in Ibiza fall through, or lose value, at the due diligence stage, when the buyer's lawyer finds a pool or an annex without a licence. A seller who knows the issues first can regularise them, explain them or price them in, instead of renegotiating under pressure.
Preparing your property for sale
| Document | Why the buyer will ask for it |
|---|---|
| Title deed and Land Registry extract | Ownership, mortgages and charges |
| Licences and planning history | Every building, pool and extension must be covered |
| Cédula de habitabilidad | Legal residential use and utility contracts |
| Energy performance certificate | Required to advertise and sell |
| IBI and community receipts | No debts pass to the buyer |
| Tourist rental licence | If the price includes rental income |
We gather the documents, identify weak points and advise whether to regularise them before marketing or to disclose them in the contract.
The arras contract from the seller's side
Buyers' lawyers will propose broad conditions and long deadlines. We negotiate a contract that is fair but firm: a clear deposit, limited conditions, a completion date and what happens if the buyer does not complete. If the buyer withdraws under penitential arras, the seller keeps the deposit. See arras contracts.
Taxes when you sell in Ibiza
Sellers pay tax on the capital gain and the municipal plusvalía on the increase in land value. If you are not resident in Spain, the buyer must withhold 3% of the price and pay it to the tax office on account of your capital gains tax; you then file a return within the deadline and, if the 3% exceeds the tax due, claim the difference. We calculate the figures before you accept an offer. See costs and taxes in Ibiza.
Mortgages, heirs and co-owners
If the property has a mortgage, we coordinate its cancellation at completion with the bank. If it was inherited, the inheritance must be accepted and registered before the sale; see inheritance lawyer in Ibiza. If there are several owners, all must agree or be represented.
Completion and payment
At the notary we check the means of payment before you sign, so you only hand over the property against the price. We can sign on your behalf with a power of attorney if you are abroad. Ibiza.law is the Ibiza practice of Castell.law; for buyers, see our property lawyer service.
Before you sign or pay, ask a lawyer
Send us the document, the listing or a short summary of the problem. A lawyer will tell you what matters, what it could cost you and what to do next.
Questions about selling property in Ibiza
Do I need a lawyer to sell my house in Ibiza?
It is not compulsory, but a lawyer prepares the documents, protects you in the contract and calculates your taxes, which avoids price reductions and delays.
How is the 3% retention recovered?
After the sale, the non-resident seller files a capital gains return. If the tax due is lower than the 3% withheld, the difference is refunded.
What if my villa has works without a licence?
We assess whether they can be regularised before the sale or how to disclose them and reflect them in the price and contract.
Can I sell without travelling to Ibiza?
Yes. With a power of attorney we can sign the contract and the deed for you.