About seven in ten of the homes MOVR sells belong to owners who do not live in Spain. They live in Norway, Sweden, the Netherlands, Belgium, Germany, the UK and Ireland. They visit a few times a year — and they have no intention of flying down repeatedly during a sale process. The Spanish system is built to accommodate exactly this, and it has been refined over decades. Done correctly, the non-resident sale is no more complicated than a resident sale — just slightly more administrative.
Step one: your NIE and your lawyer
You already have an NIE — every property owner in Spain does, because the original purchase required it. Locate the original document (or a clear scan) before listing. Every legal owner named on the escritura needs theirs current and valid.
Engage a Spanish lawyer (abogado) early. Not the agent's in-house option by default — an independent lawyer with non-resident experience whose only job is to represent you. Their fee is typically 1% of the sale price plus VAT, sometimes less for higher-value properties. They will request scans of your NIE, passport, title deed and recent utility bills to open your file.
Step two: the power of attorney (poder notarial)
This is the document that makes the entire remote sale possible. You sign a notarised power of attorney in your home country — either at a Spanish consulate (cleaner but slower) or in front of a local notary with subsequent Hague Apostille (faster but slightly more administrative). The document grants your lawyer the authority to sign the deed of sale (escritura de compraventa) at the Spanish notary on your behalf.
One signed poder normally covers the whole transaction. Allow two to four weeks from the moment you start the apostille process to the moment your lawyer holds the original document. The earlier this is started, the smoother the eventual signing window.
Step three: documents the buyer's lawyer will check
The buyer's lawyer runs a full due diligence file before completion. The standard requirements are: original escritura, nota simple (the Land Registry extract — your lawyer pulls a recent one), most recent IBI receipt, community fee certificate showing no outstanding debts, recent utility bills, the energy performance certificate (CEE), and the cédula de habitabilidad or licence of first occupation depending on the municipality.
The energy certificate is the document most often missing or expired — it is valid for ten years and is now legally required to advertise the property. If you do not have a valid one, order it before listing; it typically takes a week and costs €150–€350. We cover it in detail in our energy certificate guide.
Step four: understanding the 3% retention
If you are a non-resident seller, Spanish tax law requires the buyer to retain 3% of the gross sale price at completion and pay it directly to the tax authority (Modelo 211) as an advance against your capital gains tax. This is not an extra cost — it is a deduction from your sale proceeds at the notary.
You then file Modelo 210 within four months of completion to calculate the actual capital gains owed. If your real gain is small, or if the property sold at a loss, much of the 3% is refundable — but only after you (or your lawyer) submit the filing. Most of our sellers receive the refund within six to twelve months. We strongly recommend leaving the 210 with the same lawyer who handled the sale.
Step five: plusvalía municipal
Plusvalía is a municipal tax on the assumed increase in land value during your ownership. Historically it was payable even if the property sold at a loss. Since the 2021 Constitutional Court reform and the subsequent reform of the tax, there is now a method to challenge or calculate it more fairly: if no real-terms land-value increase can be shown between your purchase and your sale, plusvalía can be reduced or waived.
In Orihuela Costa, the buyer's lawyer typically retains the amount at notary and pays it directly to the town hall on your behalf, which protects you from any late-payment exposure. We break the calculation down in our plusvalía guide.
Step six: notary day, even though you are not there
On completion day your lawyer attends the notary on your behalf under the poder. The buyer transfers the agreed funds (less 3% retention, less plusvalía, less any pending community or utility debts) into either your lawyer's client account or directly to your Spanish bank account, depending on what you agreed in advance. The signed escritura is registered, the property is now legally the buyer's, and your lawyer transfers net proceeds to you — usually within a few working days.
What to do before any of this
The administrative side of the non-resident sale is well-understood. What actually determines whether your sale completes in three months or fifteen months is the listing strategy: realistic pricing, strong photography, the right portal mix, and a buyer pool that reaches Northern Europe.
Read how we approach the wider Orihuela Costa market in our seller pillar guide, and the full cost picture in our cost of selling guide. When you are ready for a realistic, current number on your specific property, request a free valuation — handled in your language, with no obligation.
Frequently asked
- Can I sell my Spanish property without flying to Spain?
- Yes. With a notarised power of attorney (poder notarial) granted to your Spanish lawyer, the entire sale — including the notary signing — can be completed without you setting foot in Spain. Most of our international sellers do exactly this.
- What is the 3% retention for non-resident sellers?
- Spanish law requires the buyer to withhold 3% of the sale price and pay it directly to the tax office (Modelo 211) as an advance on the seller's capital gains tax. After completion you file Modelo 210 to settle the actual liability — and you typically recover most of the 3% if there is little or no gain.
- What documents do I need to sell as a non-resident?
- An NIE for every owner, the original title deed (escritura), the latest IBI receipt, community fee certificate, energy performance certificate, recent utility bills and the cédula de habitabilidad or licence of first occupation where applicable. Your lawyer assembles the full file before signing.
- Do I have to pay plusvalía tax even if I lost money on the property?
- Not necessarily. Since the 2021 reform, if you can prove there was no real-terms increase in land value between purchase and sale, plusvalía can be reduced or waived. The buyer's lawyer typically deducts it from the sale price at notary, but it can be challenged with documented evidence.
- How long does the whole process take from listing to receiving funds?
- A correctly priced Orihuela Costa property typically reserves within 4–10 weeks. From signed reservation to notary completion is a further 6–10 weeks. Net funds reach the seller's account within a few working days of completion.
