A new recruit in Madrid asks which national licence she must hold before she can broker a flat sale in Spain. What is the correct answer?
- The official API title issued by the Ministry of Housing
- None: since 2000 anyone may broker property without a title or college membership
- A licence from the Colegio de Registradores after a written exam
- A national broker card renewed every three years
Royal Decree-law 4/2000 (article 3) opened the activity to any person or company, with no need to hold a title or to join a professional college. The API title still exists, but it is optional. Some regions, such as Catalonia and Valencia, have since added their own registers.
BOE, Real Decreto-ley 4/2000, de 23 de junio (art. 3) (2000-06) An investor wants to start renting out a flat to tourists in a building in Valencia city in 2026. What must he obtain from the community of owners under the reform in force since 3 April 2025?
- Nothing: the community can only regulate noise, never the use itself
- A simple majority of owners present at the meeting
- Unanimous consent of every owner in the building
- Express prior approval voted by three fifths of owners holding three fifths of the quotas
Organic Law 1/2025 amended the Horizontal Property Law: a new tourist flat needs the community's express prior approval, and approving, limiting or banning the activity takes a 3/5 majority of owners and quotas. Flats already operating before 3 April 2025 are not affected.
Cuatrecasas, Novedades en pisos turisticos y fin de la golden visa (2025-01) You plan to open an agency office in Barcelona. What does Catalan law require before you start trading?
- Registration in the Register of Estate Agents of Catalonia (the AICAT register)
- Nothing beyond a city business licence, as in the rest of Spain
- Membership of the Barcelona Chamber of Commerce
- A written exam set by the Catalan Notaries' Association
Catalonia's Law 18/2007 on the right to housing and Decree 12/2010 make registration mandatory for anyone who brokers property sales or rentals there professionally and for a fee. Registered agents display the AICAT identifier.
Generalitat de Catalunya, Registre d'Agents Immobiliaris de Catalunya (2026) Your Catalan agency has one office open to the public in Girona. What minimum professional liability cover does the Catalan register require for that office?
- EUR 30,000 per claim with no annual cap
- EUR 1,000,000 per claim and EUR 5,000,000 per year
- EUR 100,000 per claim and EUR 600,000 per year
- No insurance, only a bank guarantee
Decree 12/2010 sets civil liability cover of at least EUR 100,000 per claim and EUR 600,000 per year for each establishment. Agents working only online or remotely need higher cover: EUR 150,000 per claim and EUR 1,000,000 per year.
Generalitat de Catalunya, Registre d'Agents Immobiliaris de Catalunya (2026) Besides insurance, a Catalan agent must lodge a guarantee (surety or bond) to protect client money. What minimum applies to a standard office, and to an agent who works only online?
- EUR 10,000 for both
- EUR 60,000 per office, EUR 300,000 for an online-only agent
- EUR 300,000 per office, EUR 60,000 for an online-only agent
- EUR 600,000 per office, no guarantee online
The guarantee is at least EUR 60,000 a year per establishment in Catalonia, rising to EUR 300,000 per agent when the activity is purely electronic or remote. It must come from an authorised insurer or bank.
Generalitat de Catalunya, Registre d'Agents Immobiliaris de Catalunya (2026) Which of these professionals is NOT obliged to join the Catalan register of estate agents?
- A Barcelona agency that only lets flats, never sells
- A company working only online that sells homes in Tarragona
- A one-person agency in Sitges that charges sellers a 3% fee
- An agent established in another EU country with no office open to the public in Catalonia
Lettings and sales are both covered, and online-only firms must register too (and still give a physical address). Exemptions include agents based in another EU state or outside Catalonia with no public establishment there, people acting occasionally without pay, and administrators doing only article 54 tasks.
Generalitat de Catalunya, Registre d'Agents Immobiliaris de Catalunya (2026) A colleague wants to work in Alicante. Which rule created the Valencian register of real estate intermediation agents, and what training does it ask for?
- Decree 98/2022, with at least 200 teaching hours of real estate training
- Law 18/2007, with a university law degree
- Royal Decree-law 4/2000, with no training at all
- Decree 12/2010, with a 40-hour online course
Decree 98/2022 of the Consell (in force October 2022) regulates the Registro de Agentes de Intermediacion Inmobiliaria de la Comunitat Valenciana. Registration is compulsory for professional intermediaries, and training must total at least 200 teaching hours from recognised centres.
Generalitat Valenciana, FAQ Registro de Agentes de Intermediacion Inmobiliaria (2022-10) In January 2025 the Valencian High Court (TSJCV) ruled on an appeal by the competition authority (CNMC) against the Valencian agents register. What was the outcome?
- The whole register was annulled and closed
- The appeal was fully rejected and all requirements stand
- Several requirements, including the EUR 60,000 guarantee and the liability insurance, were annulled, and the ruling could be appealed to the Supreme Court
- The court ordered all Valencian agents to also join the Catalan register
The TSJCV partly upheld the CNMC appeal. It struck down the solvency guarantee, the insurance amounts, the notice duty for occasional unpaid intermediaries and the out-of-region registration proof. The register itself survived, and the ruling was open to cassation, so check its status before advising.
Legal Today, El TSJCV estima un recurso de la CNMC y anula varios requisitos del Registro (2025-01) A French agent moves to Marbella to join your team. What does she need to work legally?
- A work permit sponsored by your agency
- Nothing at all, not even a tax ID
- A golden visa
- No work permit, but she must register as an EU citizen (registration certificate with her NIE) for stays over three months
EU citizens may work in Spain freely as employees or self-employed. For stays over three months, Royal Decree 240/2007 requires registration in the Central Register of Foreigners, which issues a certificate carrying the NIE needed for tax and social security.
BOE, Real Decreto 240/2007 (EU citizens' entry and residence) (2007-02) A Moroccan friend holding a Spanish tourist stay wants to start showing villas on commission next week. What is the correct advice?
- She needs a residence authorisation that allows work (employed or self-employed) under the immigration rules before she starts
- She can work for 90 days on a tourist stay
- An NIE number alone gives her the right to work
- Commission-only work is not considered work, so no permit is needed
Non-EU nationals need a residence status that authorises work. An NIE is only an identification number, not a permit. The new Immigration Regulation (Royal Decree 1155/2024) has applied since 20 May 2025 and sets the current routes, including self-employment.
BOE, Real Decreto 1155/2024, Reglamento de la Ley Organica 4/2000 (2024-11) A freelance agent will invoice commissions in her own name. What two registrations must she complete before her first invoice?
- Land Registry and Notaries' College
- Tax census with the Agencia Tributaria (form 036/037) and the self-employed social security scheme (RETA)
- Chamber of Commerce and the Bank of Spain
- Only a bank account in Spain
An autonoma must declare the start of activity in the tax census (form 036 or 037) and register with the special social security scheme for self-employed workers (RETA). Her invoices will then carry 21% VAT and her contributions depend on declared net income.
BOE, Ley General de la Seguridad Social (RDLeg 8/2015) (2015-10) A seller signs an exclusive mandate (nota de encargo en exclusiva) and then sells privately during the term. How did the Supreme Court approach such clauses in ruling 263/2019?
- Exclusivity is always void in Spain
- The agency always earns double the agreed fee
- Exclusivity is valid in civil law, but the clause must pass consumer law checks such as clarity and proportionate compensation
- Only notaries can sign exclusive mandates
The Supreme Court held the exclusivity pact valid, but judges must check it under consumer protection rules: clear wording, proportionate compensation, real work done by the agency. In that case compensation close to the 4% fee was not disproportionate, while other courts have cut heavier penalties.
Idealista News, La clausula de exclusividad inmobiliaria, a debate en los tribunales (2022-06) Your agency's template mandate says the seller owes 100% of the commission if he sells to a buyer he found himself during the exclusive period. According to the Consumer Affairs report on exclusivity pacts, how is this clause viewed?
- As standard practice that courts always uphold
- As clearly abusive, since case law generally treats penalties above 50% of the fee as disproportionate when the agency did not bring the buyer
- As valid only if the mandate lasts more than one year
- As abusive only when the property is worth over EUR 1 million
The Ministry report finds that charging the full fee when the owner sells on his own is disproportionate, and notes that courts usually see penalties above half the fee as excessive. Agencies should draft fair, clear exclusives with a fixed term and proportionate compensation.
Ministerio de Consumo, informe sobre pacto de exclusividad en intermediacion inmobiliaria (2016-03) A seller asks what commission is 'legal' in Spain. Which answer is accurate?
- Fees are fixed by law at 2% for all sales
- The buyer must always pay 5%
- Fees are capped at 3% including VAT
- Fees are freely agreed, usually around 3% to 7% of the price, and 21% VAT is added unless stated as included
No law fixes sale commissions in Spain, so each agency sets its own. Traditional agencies typically charge 3% to 7%, with higher levels in hot coastal and island markets, and 21% VAT applies on top unless the fee is quoted VAT included.
Consumer (Eroski), Cuanto cobran las inmobiliarias en Espana por vender un piso (2023-03) Example figures: you sell a flat in Malaga for EUR 350,000 with an agreed 4% commission plus 21% VAT. What total does the seller pay you, VAT included (in EUR)?
EUR Fee before VAT = 350,000 x 4% = EUR 14,000. VAT = 14,000 x 21% = EUR 2,940. Total = 14,000 + 2,940 = EUR 16,940. Always state in the mandate whether the fee is quoted with or without VAT.
Consumer (Eroski), Cuanto cobran las inmobiliarias en Espana por vender un piso (2023-03) You find a tenant for a long-term flat in Seville. Under the Housing Law 12/2023, who pays the agency's management and contract fees?
- The landlord
- The tenant
- Half each
- Whoever the agency chooses
Law 12/2023 rewrote article 20.1 of the Urban Leases Law: real estate management and contract formalisation costs are borne by the landlord. Charging the tenant a 'search fee' or similar is not allowed for leases of habitual homes.
BOE, Ley 12/2023, de 24 de mayo, por el derecho a la vivienda (2023-05) In February 2024 the Consumer Affairs ministry warned agencies that were charging tenants one month's rent plus VAT as a 'management fee'. What fine range did it cite for this serious infringement?
- EUR 150 to EUR 3,000
- EUR 3,001 to EUR 10,000
- EUR 10,001 to EUR 100,000, or up to four to six times the illicit profit
- Only a written warning, with no fine
Consumo said such clauses may be abusive under article 47.1.j of the consumer law (TRLGDCU) and form a serious infringement punished with EUR 10,001 to EUR 100,000, a figure that can rise to four to six times the unlawful gain.
Ministerio de Consumo, Consumo advierte a inmobiliarias de que es ilegal cobrar comision de gestion (2024-02) Your agency brokers both sales and lettings. When does Spain's anti-money laundering Law 10/2010 also cover your rental work?
- Never: only sales are covered
- For every rental, whatever the rent
- Only for tourist rentals
- When the monthly rent is EUR 10,000 or more
Agents brokering sales are obliged subjects under Law 10/2010. Royal Decree-law 7/2021, transposing the 5th EU directive, extended this to rental intermediation where the monthly rent is EUR 10,000 or more.
Garrigues, Espana traspone la V Directiva de prevencion del blanqueo (RDL 7/2021) (2021-04) A Spanish-resident buyer offers to pay your agency's EUR 6,000 fee in cash. Which response matches Spanish law?
- Accept it, as cash below EUR 10,000 is always fine
- Refuse: cash payments of EUR 1,000 or more are banned when one party acts as a professional, and the client must be identified under Law 10/2010
- Accept it if he signs a receipt
- Accept it but split it into two receipts of EUR 3,000
Law 11/2021 cut the cash limit to EUR 1,000 for payments where a business or professional takes part (EUR 10,000 for non-resident individuals not acting as businesses). Splitting payments does not avoid the limit. Agents must also identify clients and beneficial owners and keep records.
BOE, Ley 11/2021, de 9 de julio, de medidas de prevencion y lucha contra el fraude fiscal (2021-07) A Chinese investor asks in 2026 whether buying a EUR 600,000 villa still gives him a Spanish golden visa. What do you answer?
- Yes, the threshold is still EUR 500,000
- Yes, but only in Andalusia
- No: investor visas were abolished by Organic Law 1/2025 with effect from 3 April 2025
- No: the threshold rose to EUR 1 million in 2025
Organic Law 1/2025 of 2 January repealed the investor residence scheme (purchases above EUR 500,000) from 3 April 2025. Applications filed before that date are decided under the old rules, and visas already granted stay valid for their original term.
La Moncloa, El 3 de abril entra en vigor el fin de las Golden Visa (2025-04) Since 1 July 2025, what does a host need before a short-stay rental can be listed on platforms that take bookings and payments online?
- A registration number from the national Single Rental Register, issued through the Property Registry
- Only a regional energy certificate
- A notarised lease for each guest
- Nothing new: the national register only applies to hotels
Royal Decree 1312/2024 created the Registro Unico de Arrendamientos and its digital single window. Tourist, seasonal and room rentals need a number shown on the listing, and booking platforms must require it. Classified-ad portals are excluded, and regional tourist licences are still needed on top.
Idealista News, Registro unico de arrendamientos de corta duracion (2025-07) A buyer in Fuengirola wants to run a 40 m2 studio as a holiday let (VUT) for four guests. Under Andalusia's rules as amended by Decree 31/2024, what is the problem?
- None: Andalusia has no size rules for tourist flats
- Studios can never be tourist flats in Andalusia
- He must first obtain a golden visa
- The decree requires at least 14 m2 per guest, so 40 m2 allows only two places, and the flat must be filed in the Andalusian Tourism Register
Decree 31/2024 requires 14 m2 of useful area per place (minimum 25 m2), plus other equipment rules. 40 / 14 gives 2 full places. A declaracion responsable must be filed with the Registro de Turismo de Andalucia, and operating without it can be fined EUR 2,001 to EUR 18,000.
Colegio Oficial de Arquitectos de Malaga, Nota tecnica NT67 Viviendas de uso turistico en Andalucia (2024-02) - Dubai areas
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