Real estate agent commission in Spain

Spain sets no legal commission rate for sales. What you earn depends on the market and on what the client signs. Rentals are different: since 2023 the law says who pays. Here is how commission works in October 2026, and what is left for you after tax if you work as an autónomo.

The short version

1. There is no legal rate or cap on sales commission. It is negotiated.
2. Reported rates run from about 2% to 7% of the price, with 5% the average OCU found in January 2026.
3. 21% VAT is charged on top of the fee. Say in writing whether a quoted rate includes it.
4. On sales, the seller usually pays. Some agencies also charge the buyer, which in Catalonia needs express agreement.
5. On long-term home rentals, the landlord must pay the agency’s fees under the 2023 Housing Law.
6. A signed engagement note (nota de encargo) is your proof of the right to a fee.
7. An autónomo agent pays VAT, income tax and a monthly Social Security contribution from €80 in year one.

Usual rates

• OCU (January 2026), after testing agencies in several cities: sales commissions of 2% to 6% of the price, 5% on average. Some agencies in Seville and Barcelona charged the buyer an extra 2% to 4% or a fixed fee. None in Madrid did.
• HelpMyCash: traditional agencies usually charge 3% to 7% of the sale price; online agencies charge a fixed fee.
• GoWork (job board): commissions of 2% to 5% of the final price.

These are reported practice. In prime segments and on hard-to-sell homes, agencies often ask more. In busy city resale, sellers push the rate down, and fixed-fee online agencies compete on price.

VAT on the fee

Agency services carry 21% VAT, added on top of the commission (OCU). OCU found that agencies do not always make this clear. On a quote of “5%”, the seller may pay 6.05% once VAT is added. Always write either “5% plus VAT” or “5% VAT included”.

Who pays on a sale

No law decides it. OCU’s view is that the party who hires the agency, usually the seller, pays, although the buyer bears the cost in the end through the price.

• Seller pays: the standard model, and the only one OCU found in Madrid.
• Buyer also pays: found by OCU in Seville and Barcelona, as an extra percentage or fixed fee.
• Buyer’s agent: OCU found buyer advisory services charging 2% to 4% of the purchase price.

In Catalonia, OCU notes that agencies may charge a percentage or a fixed sum, but may not charge both parties unless expressly agreed. Wherever you work, a buyer who first hears about your fee at the notary will refuse to pay it.

The engagement note

Your contract with the seller is usually called the nota de encargo (in Catalan, nota d’encàrrec). Catalonia’s Decree 12/2010 refers to it as the document that marks the start of an agent’s operations. OCU found in January 2026 that only a minority of agencies handed over a model engagement contract when asked, and that some did not say when the fee is due.

A good engagement note states:

• The parties, the property and its Land Registry details.
• Whether it is exclusive and for how long. OCU found exclusive terms of 3 to 6 months, sometimes with automatic renewal.
• The fee: rate or amount, plus or including VAT, and when it is due (OCU advises at the signing of the deed).
• What happens if the owner sells to a buyer you introduced after the note expires.

Get each buyer you show around to sign a visit slip. It proves the introduction if the parties later try to deal without you.

Rentals: the landlord pays

The Housing Law (Law 12/2023 of 24 May) amended the rental rules so that “real estate management costs and contract formalisation costs are borne by the landlord”, as the Ministry of Consumer Affairs summarised it. You cannot charge the tenant your fee for a long-term home rental, directly or under another name.

In October 2024 the ministry opened investigations into several agencies over practices toward tenants and warned of fines up to €100,000 for serious infringements and up to €1 million for very serious ones such as abusive clauses, with higher amounts possible based on the illicit profit. OCU found landlords typically pay one month’s rent plus VAT.

Splits between agencies and with the agent

Between agencies. No law sets how two agencies share a fee on a joint sale. It depends on a written collaboration agreement, or on the rules of the shared listing network you use. Put the split, the payment date and who invoices whom in writing before you show the property.

Between the agency and you. Agencies set their own split. GoWork estimates fixed pay of €12,800 to €20,000 a year for newcomers and total earnings, salary plus commission, of €20,000 to €60,000 a year. These are job board estimates from 2023, not official data. Get your split, targets and payment dates in your contract, including deals that close after you leave.

Worked examples

These use example rates only. Your engagement note and contract decide.

Resale apartment in Málaga, €400,000, seller pays 5% plus VAT. Fee: 400,000 x 5% = €20,000. VAT: 20,000 x 21% = €4,200. The seller pays €24,200. With a 40% split, the agent’s share is 20,000 x 40% = €8,000 (before tax).

Villa in Marbella, €1,500,000, seller pays 4% plus VAT, shared 50/50 with a buyer’s agency. Fee: €60,000 plus €12,600 VAT. Each agency gets €30,000 net of VAT.

Barcelona flat, €600,000, seller pays 3% and buyer pays 2%, both agreed in writing. Fees: €18,000 + €12,000 = €30,000, plus €6,300 VAT.

Long-term rental in Valencia, €1,300 a month, one month’s fee. The landlord pays €1,300 + €273 VAT = €1,573. The tenant pays no agency fee.

Tax and Social Security for an autónomo agent

Many agents in Spain work as autónomos and invoice the agency or the client. In practice that means:

• VAT: you charge 21% on your invoices and pay it over to the tax agency, minus the VAT on your business costs.
• Income tax (IRPF): you pay on your profit, the fees you earn minus deductible costs.
• Social Security (RETA): a monthly contribution.

Situation in 2026	Monthly contribution
First 12 months, flat rate	€80
Second year, if net income stayed below the minimum wage	€80 (extension)
After that, minimum base for your income band	€200 to €590

Sources: Billeo for the flat rate; El Derecho (December 2025) for the 2026 range, which the government kept at 2025 levels. A small levy, the MEI, rose from 0.8% to 0.9% in January 2026.

Example. In your third year you invoice €48,000 in fees plus €10,080 VAT, with €8,000 of costs. Your profit for income tax is about €40,000 minus your Social Security contributions. You pay the VAT you collected, minus VAT on your costs, to the tax agency. Ask a gestor (tax adviser) for your exact band and quarterly filing calendar.

Practical points at completion

• Agents are covered by anti-money laundering Law 10/2010. Take your fee by bank transfer against an invoice, never in cash.
• If the seller is a non-resident, the buyer must withhold 3% of the price for the tax agency (form 211). Check the seller’s net proceeds still cover your fee.
• Ask the seller to authorise payment of your invoice at the notary signing, or invoice them in advance with payment due on the day of the deed.

What to check before you work a deal

• A signed engagement note with the rate, VAT treatment and due date.
• Visit slips for every buyer you introduce.
• A written split agreement with any other agency.
• That you are not charging the tenant on a long-term home rental.
• In Catalonia, your register number on the adverts and express consent if both parties pay.

Sales commission in Spain is set by the market, not by law, but rental fees are regulated. This guide was checked on the date shown above. It is general information, not legal or tax advice. CloserPass is not affiliated with any authority or agency.

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