How to sell an apartment privately: procedures and conditions

Why do many people sell without intermediaries?

The main motivation for selling an apartment privately is usually to save on commissions and maintain full control of the process. In addition, some owners already have a potential buyer —for example, a family member or neighbor— and do not consider the intervention of a real estate agency necessary. However, this choice also means taking on greater responsibilities:

• You will have to personally handle the valuation, contract drafting, property preparation, and viewings.

• You must be familiar with the legal and tax regulations to avoid penalties or lawsuits.

• You will assume the risk of setting a sale price that is not properly aligned with the market, which can lengthen the sales process or cause you to lose money.

At Engel & Völkers, we work with a clear principle: yes, you can sell your apartment on your own, but expert advice maximizes your chances of success and avoids mistakes that, in many cases, cost more than any commission.

How to correctly value your apartment before selling

One of the most common mistakes when selling privately is setting a price based on personal expectations or emotional attachment rather than real market data. This can lead to the apartment remaining unsold for months or having to accept a significant price reduction during negotiations.

Ideally, you should rely on a comparative analysis of similar properties and, if possible, on a professional appraisal that takes into account location, condition, and differentiating elements. You can check our complete guide on property valuation or ask our team to provide an appraisal of your property.

Essential documents for selling an apartment privately

To ensure the sale proceeds smoothly and to avoid last-minute delays, it is essential to gather all the necessary documentation in advance. Having it ready not only speeds up the process but also conveys seriousness and trust to the buyer, which is especially important when the transaction takes place directly between individuals and without intermediaries. Key documents include:

• Property deed and Property Simple Note, which prove ownership and reflect any encumbrances.

• Energy performance certificate (required by law) and, in some regions, a certificate of occupancy.

• Last year’s property tax (IBI, Impuesto sobre Bienes Inmuebles) receipt and a certificate proving community fees are up to date.

• Recent utility bills (water, electricity, gas) confirming there are no outstanding debts.

If any of these documents are missing, the process can be delayed for weeks or even months. Having everything ready before receiving offers is one of the keys to speeding up the transaction.

Legal procedures in the sale of an apartment between individuals

When selling a property without intermediaries, it is essential to ensure that all legal steps are properly followed. These procedures not only provide legal security for both parties but also prevent future issues such as claims, nullities, or disputes due to breach of contract.

Deposit contract 

The deposit contract (Contrato de Arras) is not a mandatory legal requirement, but it is one of the most recommended tools for securing the transaction.

It sets out in writing the sale price, the transaction conditions, and the deadline for signing the public deed.

It also establishes the consequences of breach of contract: if the buyer withdraws, they lose the deposit; if the seller withdraws, they must return double the amount.

This preliminary agreement helps filter out unserious buyers and establish a clear negotiation framework, which is especially important when no agency is managing the process.

Public deed before a notary

The public deed is the document that officially formalizes the sale. In it, the notary verifies the identity of the parties, checks that the property is free of encumbrances preventing its transfer, reviews the documentation, and ensures the transaction complies with the law.

During the signing, the agreed check or bank transfer is delivered, and the seller hands over the keys. Although it may seem like a simple final formality, it is at this point that ownership is officially transferred and possible frauds are avoided.

Registration in the Land Registry

After signing before the notary, the final step is to register the sale in the Land Registry (Registro de la Propiedad).

This procedure, usually handled by the notary or a management office, ensures that the change of ownership is official and enforceable against third parties. Although the sale is valid from the signing of the deed, registration provides additional protection, as no one can claim rights over the property without their title being registered.

While these procedures can be carried out privately, working with a professional reduces the risk of poorly drafted clauses, missed deadlines, or subsequent legal problems.

Seller’s tax obligations

When selling a property, whether with or without a real estate agency, certain tax obligations must be met:

• Capital gains tax: a tax on the increase in value of the land.

• Personal income tax (IRPF, Impuesto sobre la Renta de las Personas Físicas) on capital gains: applied to the difference between the purchase price and the sale price, deducting certain expenses.

Regulations and percentages vary depending on the municipality and the seller’s personal situation. That’s why, before closing the price, it’s advisable to calculate the tax impact to avoid unpleasant surprises.

How to prepare your property for a quick sale

First impressions matter—a lot. Before listing your property, take some time to improve its appearance:

• Take care of basic repairs: dripping taps, jammed blinds, stained walls.

• Paint in neutral colors to create a sense of space and brightness.

• Apply home staging techniques to depersonalize the space and help the buyer imagine themselves living there.

At Engel & Völkers, we also have specialized photographers who capture the best version of your home to make it stand out on property portals and social media.

Tips for a safe private sale

Selling a property on your own also means selecting the right buyer:

• Request information about their financial capacity before signing anything.

• Filter visits to avoid time-wasters and focus on serious profiles.

• Be ready to negotiate without giving in more than necessary.

This is where an experienced real estate advisor can make the difference: they know negotiation techniques, have access to a database of qualified buyers, and know how to close deals efficiently.

Frequently asked questions about selling a property privately

How long does it take to sell without an agency in Spain?It depends on the area, the price, and the demand. In very active markets, it may close in 2–3 months; in others, the process may take 8 months or longer.

What taxes do I have to pay if I sell my property privately?Mainly the municipal capital gains tax and Personal Income Tax on capital gains. The exact amount depends on your autonomous community and the difference between the purchase and sale prices.

Can I sell my property without an energy performance certificate?No. The energy performance certificate is legally required for any property sale, even between private individuals, and must be presented before signing the deed.

Can you sell a property privately with an outstanding mortgage?Yes, but at the notary’s office, the mortgage is settled with part of the payment received from the buyer. It’s important to coordinate this step so it doesn’t delay the transaction.

How is a private deposit agreement (contrato de arras) drafted?It must include the buyer’s and seller’s details, property description, agreed price, deposit amount, deadline for signing, and consequences in case of breach. It is advisable to have it drafted by a lawyer or notary.

Is it cheaper to sell a property privately than through a real estate agency?In terms of commission, yes, but you must also consider the time invested, the risk of legal errors, and the possible loss of sales opportunities due to setting an unsuitable price or failing to reach the target audience.

Is selling privately really possible?

Selling a property privately is feasible if you know all the steps and dedicate the time to managing them. However, it remains a complex transaction involving legal, tax, and financial risks.

At Engel & Völkers, we offer local expertise, accurate property valuation, and a tailored sales plan to achieve the best price in the shortest time possible—without you having to worry about procedures or unexpected issues.