Documents Needed to Sell a Flat in Madrid in 2026: Full Checklist, Where to Get Them and What They Cost

When people decide to sell their home, they usually think about the price and the viewings first and leave the paperwork for later. It's a common mistake: many delays in a sale come not from the negotiation but from a document that is missing, out of date or doesn't match reality. A mortgage that hasn't been cancelled at the Land Registry or an inheritance that hasn't been registered can push back the notary date by several weeks.

In this guide we go through all the documents needed to sell a flat in Madrid in 2026: what each one is, what it's for, where to request it, roughly how much it costs, how long it takes and whether it's compulsory or just recommended. We also explain what is actually required in the Comunidad de Madrid regarding the cédula de habitabilidad (certificate of habitability) and the ITE or the Informe de Evaluación del Edificio (building inspection reports), and how things change if the flat was inherited, if there's a divorce involved, if it's a subsidised home or if what you're selling is commercial premises or a garage. If you're looking for the full sales process, step by step, you'll find it in our guide “How to sell a flat in Madrid in 2026”.

Why it pays to have the paperwork ready before you advertise the flat

Law 12/2023 on the right to housing states, in article 31, that anyone interested in buying can request in writing, before signing or paying any money, a minimum set of information: the seller's identity, total price, usable and built floor area, age of the building and refurbishments, energy performance certificate, accessibility, occupancy status, land registry details including charges and, where applicable, the public protection scheme. In practice, an informed buyer will ask you for almost every document in this article from the first serious viewing.

What's more, the industry doesn't always make it easy. In January 2026, the OCU (Spain's main consumers' organisation) published a study of 60 agencies in Madrid, Barcelona, Seville, Valencia and Zaragoza: only 5 provided a sample contract on first enquiry, the commission was often quoted without the 21% IVA (VAT) and the information given to buyers was usually incomplete, with the energy certificate commonly missing. In Madrid, every agency consulted overvalued the flats, by between 5% and 10% according to the OCU's estimate. There are professionals who work rigorously, but if you know the paperwork, nobody can delay your sale or surprise you with a charge for a procedure you didn't understand.

Summary table: documents to sell a flat in Madrid, where to request them and what they cost

Source: Llavely, using data from Registradores, the Ley de Propiedad Horizontal, HelpMyCash and Housfy (2026). Indicative prices.

Title deed: the starting point

The escritura (title deed) is the notarial document that proves how you acquired the property: purchase, inheritance, gift, allocation in a divorce or the dissolution of joint ownership. The notary who authorises the sale needs to know your title, because it's the basis on which the new deed is built. If you keep it at home, simply bring it or provide its details: notary, date and protocol number.

If you've lost it, request a copy from the notary's office that authorised it or the one that holds its records today. And check that what it says matches reality: if you've carried out works that change the floor area or have enclosed a terrace, you may need to regularise this before selling.

Nota simple: what it is, what it costs in 2026 and why you should request it yourself first

The nota simple is an informative extract from the Registro de la Propiedad (Land Registry). It shows who is registered as owner, the recorded floor area, the description of the property and, above all, the charges: mortgages, seizures, easements or tax liens. It doesn't carry the weight of a certified registry extract, but it's the document every buyer and every bank will look at first.

You can request it online from the Colegio de Registradores (Association of Registrars) website, which charges €9.02 per property, or from the Land Registry office for the property itself. If you're selling a flat, a garage and a storage room registered as separate properties, you'll need one nota for each. Although it's usually the buyer who requests it, it's a good idea to request it yourself before advertising the flat: that way you'll find out in time if a mortgage you've already paid off still appears, if there's a forgotten seizure entry or if your parents' inheritance was never registered.

Energy performance certificate: compulsory to advertise and to sell

The energy performance certificate is compulsory to sell or let a home. It is regulated by Royal Decree 390/2021, which requires the registered certificate and its label to be made available to the buyer and attached to the sale contract. In addition, the energy label must appear in any sale listing, whether published by you, an agency or a property portal.

It is issued by a qualified technician, who must visit the property, and it only takes effect once registered with the Comunidad de Madrid. Since 23 July 2026, Royal Decree 659/2025 has been in force, changing who can sign it for existing homes and creating a register of competent technicians: ask the technician for their accreditation reference.

• Validity: up to 10 years; if the rating is G, the maximum is 5 years. If yours has expired or is about to, renew it before advertising.
• Cost: about €60 on average according to HelpMyCash (January 2026), although it varies with floor area, location and technician. In the Comunidad de Madrid there is no fee for registering it.
• Penalties: selling without providing the certificate is a serious offence, with fines of €601 to €1,000; advertising without the label is considered a minor offence, with fines from €300; very serious offences reach up to €6,000.
• What to ask the technician: to visit the property, for the report to explain specific improvements with their cost and to give you the proof of registration.

IBI bill and cadastral reference

The Impuesto sobre Bienes Inmuebles (IBI, property tax) accrues on 1 January and is paid by whoever owns the property on that date. However, article 64 of the Ley reguladora de las Haciendas Locales (Local Finances Act) establishes that, when the owner changes, the property remains liable for any outstanding amounts. In other words: if you have unpaid bills, the buyer could end up answering for them. That's why notaries ask for information on IBI debts and warn of this liability at the signing.

Bring the latest paid bill and, if it's paid by direct debit, the proof of payment. It's common to agree in the arras (deposit contract) how the IBI for the year of the sale is split, for example in proportion to the days each party owns the property. The bill also gives you the cadastral reference, the 20-character code that identifies the property in the Catastro and which the law requires to be included in the deed. If you can't find it, you can look it up free of charge on the Sede Electrónica del Catastro (the Catastro's online portal).

Certificate of being up to date with the community (article 9 of the Ley de Propiedad Horizontal)

Article 9.1.e) of the Ley de Propiedad Horizontal (Horizontal Property Act) requires anyone transferring a home or commercial premises to declare in the deed that they are up to date with the community's general expenses or, if not, to state what they owe. This declaration is accompanied by a certificate of the state of debts with the community, signed by whoever acts as secretary with the approval of the president. Without this certificate the deed cannot be authorised, unless the buyer expressly waives it.

The certificate shall be issued within a maximum of seven calendar days from the request.

Ley de Propiedad Horizontal, article 9.1.e)

The reason is that the flat remains legally liable for debts with the community: the buyer answers with the property for anything left unpaid for the current year and the three previous calendar years. That's why no well-advised buyer will waive this certificate. Request it one or two weeks before signing, not earlier, because it must reflect the most recent situation. If a property manager issues it, they may charge a small amount; according to prices published by Housfy, it usually ranges between €30 and €60.

Also ask the property manager for the recent minutes and about any derramas (special levies) approved or planned: it's worth agreeing in the arras who will pay them.

Mortgage debt or cancellation certificate

If your flat has a registered mortgage, there are two different situations. The first: you still owe money. In that case you need a certificate of outstanding debt stating the exact amount needed to pay it off on the signing date. Usually the debt is paid with part of the price at the notary's office itself, arranged with your bank in advance.

The second: you've finished paying it, but you never cancelled it at the Land Registry. This is very common. Paying the last instalment extinguishes the debt, but the charge keeps appearing on the nota simple until a deed of cancellation is executed and registered. For that you need the zero-debt certificate, which the bank must give you free of charge.

According to HelpMyCash (April 2026), cancelling a mortgage at the Land Registry costs about €1,000 on average: around €450 for the notary, €250 for the Registry and €300 for the gestoría, although an independent gestoría may charge less than the bank's. Actos jurídicos documentados (stamp duty) is not payable, but form 600 must be filed. The process usually takes between six weeks and three months, so it's best to start as soon as you decide to sell.

ITE and Informe de Evaluación del Edificio (IEE) in Madrid

The Inspección Técnica de Edificios (ITE, technical building inspection) and the Informe de Evaluación del Edificio (IEE, building evaluation report) review the building's state of repair and, in the case of the IEE, also its accessibility and energy efficiency. In the Comunidad de Madrid, the IEE is regulated by Decree 103/2016. According to the regional online portal, sole owners of buildings and communities of owners of multi-unit residential buildings more than 50 years old are required to have one, along with other cases, such as when municipal regulations require it or defects are detected. The Ley del Suelo de la Comunidad de Madrid (Madrid Land Act), for its part, requires periodic inspections of buildings more than 30 years old. The report is submitted to the town hall where the building is located.

If you're selling a flat in a building with a community of owners, the obligation to have the inspection carried out lies with the community, not with you. But the buyer has the right to know the building's age and condition. Ask the property manager for a copy of the latest report and, if it was unfavourable, information about the pending works and how they will be paid for.

Cédula de habitabilidad in Madrid: what is actually required

It's one of the most searched-for questions, and in the Comunidad de Madrid the answer is clear: the cédula de habitabilidad (certificate of habitability) no longer exists. On 26 June 2018 the regional Consejo de Gobierno (Governing Council) approved a decree abolishing it throughout the region, because it duplicated the first occupation licence and because the ITE and IEE serve a similar purpose.

So it is not required to sell a second-hand flat in Madrid. In other autonomous communities (Spain's regions) it still exists, under different names and with different validity periods, so check their rules if the property is outside Madrid.

First occupation licence or declaración responsable: when it applies

For most second-hand flats you won't need to look for this document. It does apply when you sell a newly built home, a house you have built or rebuilt, or commercial premises converted into a home: the buyer, their bank and the notary will want to check that the residential use is legal.

In the Comunidad de Madrid, Law 1/2020 of 8 October, which amended the Land Act, replaced many planning licences with declaraciones responsables (self-declarations), including first occupation of newly built buildings. The licence remains in cases where national legislation requires it. If yours is a change of use from commercial premises to a home, check with a technician or a lawyer that the municipal paperwork is complete before advertising it as a home.

Utilities, DNI or NIE and other papers for signing day

The latest electricity, water and gas bills are not compulsory, but they show there are no debts and make it easier to change the account holder. Also note down the meter readings on the day you hand over the keys.

All sellers must identify themselves with a valid DNI, NIE or passport. If the flat belongs to several people, they all sign or are represented through a notarial power of attorney; if a company is selling, its deeds and the powers of whoever signs are required. If you are a non-resident, the sale has particular tax implications: consult an adviser before setting the price.

Taxes also come up at the signing. The plusvalía municipal (municipal capital gains tax) and the gain for IRPF (income tax) purposes are the seller's responsibility, and it's wise to calculate them before setting a price. And if you want to understand what the buyer pays, we explain it in “Costs of buying a home in the Comunidad de Madrid”.

Special cases: inheritance, divorce, subsidised housing, commercial premises and garages

If you're selling an inherited flat

You can't sell what isn't yet in your name. Before advertising an inherited flat, the inheritance has to be completed. According to Consumer, the usual steps are these:

1. Death certificate and certificado de últimas voluntades (certificate of last wills), requested from the Ministerio de Justicia (Ministry of Justice), which costs €3.82 and takes about ten working days.
2. The will or, if there isn't one, a notarial declaration of heirs.
3. Deed of acceptance and division of the estate before a notary.
4. Payment of the Impuesto de Sucesiones (inheritance tax) in the region where the deceased lived and of the plusvalía municipal, both within six months of the death.
5. Registration at the Land Registry in the heirs' names.

If there are several heirs, all of them must agree to sell and sign, unless the flat was allocated to one of them in the division. It's better to resolve any disagreement before receiving offers.

If you're selling after a divorce or it's the family home

If the flat is ganancial (community property of the marriage), you need both spouses' signatures. If you've already dissolved the community property regime and the flat was allocated to one of you, you'll bring the deed or court-approved agreement that proves it. And even if the flat is yours alone, article 1320 of the Código Civil (Civil Code) requires the consent of both spouses, or court authorisation, to dispose of the family's habitual home. That's why the notary will ask you whether the home you're selling is the family home.

Also check whether a court ruling has granted the use of the home to one of the spouses and the children: this is something to look into with a lawyer before advertising.

If it's a subsidised home (VPO or VPP) in the Comunidad de Madrid

Homes under public protection (VPO and VPP are types of subsidised housing) have their own rules for as long as their protection period lasts, which is stated in the cédula de calificación definitiva (final classification certificate). According to the Comunidad de Madrid, during that period you can only sell it at the maximum legal price in force in your municipality; once it ends, you can sell it at market price. If you don't have the classification certificate, the classification number appears in your deed.

• Authorisation from the Comunidad is required for: publicly developed VPOs during the five years following their acquisition, unless there is just cause, and homes with a qualified loan or subsidies if sold within the limitation period; in that case the subsidies must be repaid with interest and the loan cancelled or restructured.
• No authorisation is needed, although the maximum price must be respected, for: privately developed VPOs or VPPs without a qualified loan or subsidies, or those whose limitation period has already ended.
• Nor is it needed for the dissolution of community property with allocation to one spouse, the dissolution of joint ownership with allocation to one co-owner, and commercial premises and garages not linked to the home.
• If the home was allocated by a municipal company, also check with the town hall, which may have its own conditions.

To prove this there is the “Informe para la transmisión de inmuebles protegidos” (Report for the transfer of protected properties), issued by the Dirección General de Vivienda y Rehabilitación (Directorate-General for Housing and Renovation). It serves to show that you don't need authorisation, to certify the maximum sale price, the remaining protection period or that the home has already been declassified. The fee is €13.28 and the administration has three months to respond; if it doesn't, the application is deemed rejected. Request it as soon as possible, together with an up-to-date nota simple and a copy of your deed.

Source: Comunidad de Madrid, 2026 prices for privately developed subsidised housing without subsidies under Royal Decree 801/2005 (BOCM, the regional official gazette, of 30 January 2026). With subsidies under that plan a different formula applies; the price of your home is certified by the transfer report.

If you're selling commercial premises, a garage or a storage room

The list is very similar to that for a home, with a few nuances. Commercial premises do need an energy performance certificate, because they are a conditioned space. On the other hand, according to Tinsa, parking spaces don't need one when sold or let separately, because they aren't habitable spaces. The certificate of debts with the community under article 9 of the Ley de Propiedad Horizontal applies equally to homes and commercial premises.

If the garage or storage room are separate registered properties, each will have its own nota simple, cadastral reference and IBI bill; if they are annexes to the home, they are sold with it.

Mistakes that delay the signing at the notary

1. Advertising the flat without an energy certificate or with the label “in progress”. As well as exposing you to a penalty, it gives the buyer an impression of carelessness.
2. Not requesting the nota simple until you have a buyer. An old uncancelled mortgage or a forgotten seizure can surface at the worst moment.
3. Leaving the mortgage cancellation until the end. The bank's certificate and coordination with the notary take time.
4. Requesting the community certificate too early or too late. The property manager has up to seven calendar days to issue it, and it must reflect the recent situation.
5. Selling a subsidised home without the Comunidad de Madrid report or above the maximum legal price.
6. Trying to sell an inherited flat without having accepted the inheritance or registered the property in the heirs' names.
7. Discrepancies between reality and the Land Registry or Catastro: different floor areas, undeclared works, enclosed terraces.
8. Forgetting the spouse's signature for the family home or community property, or turning up with an expired DNI.

Final checklist before signing the sale

If you can tick off all of this before accepting an offer, the signing will be much smoother.

• Title deed located or copy requested.
• Recent nota simple reviewed: owners, floor area and charges correct.
• Valid, registered energy performance certificate, with its label in the listing.
• Latest IBI bill paid and cadastral reference to hand.
• Certificate of debts with the community requested for the week of signing; minutes and special levies reviewed.
• Bank certificate of outstanding debt or zero debt, and registry cancellation under way if needed.
• Copy of the building's latest ITE or IEE, if there is one.
• First occupation licence or declaración responsable, only if it's a new build or change of use.
• Recent electricity, water and gas bills.
• Valid DNI, NIE or passport for all sellers; powers of attorney if anyone can't attend.
• If applicable: registered inheritance deed, agreement or dissolution of community property, subsidised housing report.

How we do it at Llavely

At Llavely, before showing any property we check the owner's identity and ownership, and our team and lawyers review the paperwork in this article: nota simple, energy certificate, status of the mortgage and the community and, where applicable, the inheritance, divorce or subsidised housing documents. If something is missing, we tell you where to request it; and if the inheritance hasn't been processed, our lawyers can handle it from start to finish, with a separate fixed quote. That way the buyer knows from day one what they're buying and you avoid surprises halfway through. You always have the sale documents to hand in your private seller portal.

You only pay if you sell, on the day of the notary signing: 2.5% + VAT of the sale price, all inclusive. You get the valuation, photos, video, floor plan and virtual tour, buyers screened and verified by us (we talk to each one before showing your home and check their ID before the viewing), the viewings, which we carry out ourselves, management of offers and the arras, anti-money-laundering checks and coordination with the notary. And specialised lawyers from start to finish who review the charges and the nota simple, draft the arras, prepare the deed, calculate the plusvalía and IRPF and come with you in person to the notary on signing day. The energy certificate is not included: you commission it from a certifying technician.

No extra payments or hidden costs for anyone: what you see is what you get. And if you're thinking of selling, start today with the nota simple and the energy certificate: they're the two documents that save the most time later on.

Frequently asked questions

Sources

1. Instructions for the registry information service: nota simple at €9.02 per property (Colegio de Registradores, Association of Registrars, 2026)
2. Penalties for not having an Energy Performance Certificate (Legálitas, 2014)
3. Royal Decree 390/2021: basic procedure for energy performance certification (Cuatrecasas, June 2021)
4. Changes to the energy certificate come into force (Housfy, July 2026)
5. Energy certificate: what it is and how much it costs (HelpMyCash, January 2026)
6. Does a garage need an energy certificate? (Tinsa, June 2026)
7. Article 9 of the Ley de Propiedad Horizontal (Horizontal Property Act) (Iberley)
8. Certificate of being up to date with community of owners payments (Housfy, July 2026)
9. How much does it cost to cancel a mortgage in 2026? (HelpMyCash, April 2026)
10. Preliminary procedure for the Informe de Evaluación de Edificios (Building Evaluation Report) (Comunidad de Madrid online portal)
11. The Comunidad de Madrid abolishes the cédula de habitabilidad (certificate of habitability) (Comunidad de Madrid, 26 June 2018)
12. The essential steps to sell an inherited flat (Consumer, updated February 2025)
13. I have a subsidised home and want to sell it (Comunidad de Madrid)
14. Report for the transfer of a VPO or VPP (Comunidad de Madrid online portal, 2026)
15. 2026 maximum prices for privately developed subsidised housing (Comunidad de Madrid, January 2026)
16. Study of estate agencies: commissions and lack of information (OCU, 28 January 2026)