A property’s documents help establish its ownership, features and the issues that need to be clarified before a sale. This guide explains what information each document provides and what to check.
If you are still organising the first steps, start with our checklist for preparing your home for sale. Here you will find the documents explained in detail; which ones apply should be checked for your property and transaction.
Land Registry extract
The Land Registry extract (nota simple) is a document containing information about the owner of the home and any charges or attachments affecting it. Although this information is of greater interest to the buyer, the seller should check that there are no issues with ownership.
Deed of sale
The public deed documents the sale before a notary. Its execution may be equivalent to handing over the property; registration provides the applicable protection against third parties. A sale does not ordinarily become valid solely through registration.
Energy certificate
The Energy Performance Certificate (CEE) is mandatory for sales covered by Royal Decree 390/2021, taking account of its scope and the specified exclusions. In fact, it must be provided from the moment the property is advertised (if the sale is managed through an estate agency, we will need to give the agency this certificate). It sets out the energy consumption and the energy rating obtained, and must be included in the sale contract.
Certificate of habitability
In Mallorca, check which habitability document applies to the property. The certificate for second or subsequent occupation is processed through the Consell; the first occupancy certificate was replaced by the occupancy or first-use licence, subject to transitional arrangements.
Floor plans
Floor plans are important both for inclusion in the property listing and so that we have a copy to give prospective buyers who visit the property, as they sometimes request this information. The estate agency we choose to sell with can provide the plans, we can draw them ourselves using a specialist app, or we can request them from the local council.
Building Assessment Report (IEE)
The IEE assesses the building’s condition, accessibility and energy efficiency; it does not replace the certificate of habitability. In the Balearic Islands, the general obligation starts at 50 years, with renewal every ten years, subject to exceptions and the municipal ordinance.
Documents proving that the owner has no outstanding debts
Charges and debts must be identified and arrangements agreed for resolving them. An outstanding mortgage does not in itself prevent a sale: it can be repaid using part of the price, or a mortgage transfer may be considered. Prepare the IBI receipt and utility information.
Request the certificate of debts owed to the owners’ association. It must reflect the actual position, whether payments are up to date or a debt exists; it is issued by the secretary with the president’s approval.
If the loan has been repaid, the zero outstanding debt certificate confirms that payment but does not remove the mortgage entry from the Land Registry. Its cancellation must be arranged and can be coordinated with the sale, depending on what has been agreed and what the notary’s office prepares.
Owners’ association bylaws
It is advisable to have a copy of the owners’ association bylaws, which can be requested from the association president or the property administrator, as many buyers ask for this information. Some even request the minutes of owners’ association meetings to confirm that no special assessments have been approved and no building work is pending.
If a reservation agreement or earnest money agreement (contrato de arras) has been signed, meaning a private contract between buyer and seller agreeing the sale of the property, setting out all the terms settled during negotiations and providing a guarantee for both parties, it must be supplied at completion of the sale.
We hope we have helped you understand which documents to prepare when selling a home. At Inmogestión Balear we help you throughout the sale process. We make obtaining all the necessary documents quicker and easier so that you can sell your home as soon as possible, legally and with all the necessary safeguards.
