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Reserving a property in España: what to check before paying

Property reservation · España

Before paying a reservation fee, understand exactly what you are signing.

A “reservation” does not have a single legal effect simply because it is called that. The document may create genuine obligations depending on its content, the applicable civil law and what the parties have agreed. The priority is to identify which property is being reserved, who receives the money, what happens to the deposit and which checks remain pending.

Last reviewed: 8 August 2026 Jurisdiction: España Regional civil law: check where applicable
Checklist before paying View due diligence
In this guide
1What is a reservation? 2What it should include 3What to check 4When it is refunded 5Reservation vs. arras 6How to document payment 7Common mistakes 8Official sources 9Frequently asked questions

What it really means

The name of the document does not by itself determine its effects

Under the general civil-law framework, contracts may contain the terms agreed by the parties within legal limits and may become binding once their essential elements are present. In addition, a sale and purchase agreement is formed when buyer and seller agree on the property and the price, even if neither has yet been delivered. For this reason, a short document signed before the notarial stage deserves the same attention as any contractual commitment.

NOM

“Reservation” is a label

What matters is reading the clauses: subject matter, price, acceptance, conditions, deadlines, withdrawal, breach and treatment of the money.

OBL

It may create obligations

A private document may be binding. It should not be treated as a simple commercial form if it contains a contractual agreement.

Earnest money deposit

Not every reservation payment is earnest money

The consequences of earnest money depend on its structure and the applicable law. The types of earnest money are explained in a separate guide.

The General Council of Notaries recommends obtaining information before signing any document or making any payment, and notes that prior private agreements may be valid and binding contracts. Institutional source: General Council of Notaries.
Important: civil jurisdiction

España does not have a single uniform civil-law rule for all real-estate sales. Some territories have their own civil law. For example, Cataluña specifically regulates earnest money and third-party financing. If the property is located in a territory with specific civil-law provisions, the applicable rules should be checked before determining what happens to the deposit.

Contract checklist

Twelve points worth clarifying before transferring money

There is no single nationwide template for a “property reservation agreement.” This list does not replace a legal review of the document, but it helps identify gaps before payment is made.

What to check What should be identified Risk if ambiguous
1. PropertyAddress and sufficient details to identify the property; include the garage, storage room or other appurtenances if they form part of the transaction.Paying for a description that does not match what is later intended to be purchased.
2. SellerIdentity of the seller and, where a representative acts, the basis of their authority.Signing with someone who cannot bind the owner.
3. PriceThe total agreed price or a clear mechanism for determining it.Mistaking the reservation for a negotiation that is still open.
4. Amount paidThe exact amount and whether it will be credited toward the final price if the sale proceeds.Not knowing how the money will be accounted for later.
5. Payment recipientWho receives the funds, in what capacity, and which account is used.Transferring funds to a third party without documenting their connection to the transaction.
6. AcceptanceHow and when the reservation is accepted by the seller, and what happens if they do not accept it.Money paid without knowing whether the seller has made a commitment.
7. Withdrawal from the marketIf the property is to be taken off the market, for how long and from what point.Assuming exclusivity that the document does not provide for.
8. TimeframeReservation expiry date and expected date for the next contract, deposit agreement or deed.Open-ended reservations with no clear timetable.
9. Due diligenceWhich checks remain outstanding and what happens if they reveal a significant issue.Discovering encumbrances, discrepancies or problems after becoming bound.
10. FinancingIf the transaction depends on a mortgage, state the effect of a refusal or insufficient financing where the purchase is intended to be conditional.Assuming that a bank refusal automatically returns the money in all España.
11. Refunds and breachWhat happens if the buyer withdraws, the seller withdraws, a condition is not met or the next document is not signed.Later disputing whether the deposit was refundable, a penalty or a payment on account.
12. Proof of paymentSigned document, transfer reference and receipt or evidence of payment.Making it harder to prove how much was paid, to whom and for what purpose.
There is no universal legal reservation percentage.

The amount depends on the transaction and what has been agreed. Presenting a customary commercial figure as though it were a legal requirement would be incorrect.

Before paying the deposit

The reservation should not replace tui property due diligence

The College of Registrars states that Land Registry information should be requested before paying any amount or signing a contract. The land registry extract provides essential information on the description, ownership and encumbrances, although it is for information purposes and does not in itself prove planning legality.

  • Request recent Land Registry information and check who is listed as the owner.
  • Review mortgages, liens, easements or other encumbrances recorded in the Land Registry.
  • Compare the Land Registry, Catastro and the physical reality where there are doubts about floor area, appurtenances or layout.
  • Check the homeowners' association, outstanding fees and significant special assessments.
  • Review IBI and other local matters relevant to the transaction.
  • Confirm occupancy status, tenancies or possession before committing to completion.
  • Where there are planning-related doubts, consult the regional regulations and the relevant local council.
REG

Property Registry

It is used to check Land Registry information on the property, ownership and any possible encumbrances. A nota simple is for information only; a Land Registry certificate has different evidential value.

Do not confuse the Land Registry with planning matters.

CAT

Catastro

It provides cadastral information and allows physical and identification details to be cross-checked. It does not replace the Land Registry for proving registered rights.

URB

Planning

Licences, permitted use, planning enforcement and the possibility of legalisation depend on regional and municipal regulations. A favourable nota simple does not, by itself, resolve this issue.

Full due diligence What the notary checks

Deposit refund

There is no automatic answer: the contract must be reviewed and the applicable law determined.

The question “will my reservation payment be refunded?” can only be answered correctly after identifying what was signed, how the payment was classified, what conditions were agreed and which civil law applies.

Situation What needs to be checked Safe conclusion
The seller does not accept the reservationHow the document defines acceptance and the destination of the money before acceptance.Do not assume the outcome; it must be set out in writing.
Due diligence identifies a problemIf the reservation expressly makes the purchase conditional on acceptable Land Registry, planning, community or documentary results.A specific clause reduces uncertainty; without one, the effect requires contractual analysis.
The bank refuses the mortgageFinancing condition and applicable territorial civil law.There is no uniform rule throughout España that allows an automatic refund to be assumed.
The buyer changes their mindWhether there is a right of withdrawal, penalty, earnest money arrangement or other clause.A simple change of mind should not be treated as a guaranteed refund.
The seller decides not to sellType of commitment, breach clauses and, where applicable, its classification as earnest money.The consequences depend on the contract; not every “reservation” automatically triggers a double refund.
The deadline expiresWhat event had to occur before the deadline, and what the document provides for upon expiry.The deadline must have a defined effect to avoid disputes.
Do not turn Article 1454 of the Civil Code into a rule for every deposit.

That article governs earnest money or a deposit in a sale and purchase agreement under the general civil law framework. The effect of a payment described as a “reservation” requires an analysis of its terms. In addition, territories with their own civil law may have specific rules.

Financing: special attention in Cataluña

The Civil Code of Cataluña contains a specific rule for sale and purchase agreements involving third-party financing and also expressly governs earnest money deposits. This example shows why the location and applicable civil law must be determined before giving a definitive nationwide answer.

Reservation and earnest money deposit

They are related concepts, but they should not be confused

This page focuses on what to review before paying a reservation deposit. The earnest money guide is the canonical resource for explaining types, withdrawal, breach and contractual consequences.

RES

Reservation

In practice, it is usually used to temporarily take a property off the market while the next step is prepared. Its effects depend on the specific wording.

Key question: what should you check before paying?

Earnest money deposit

Earnest money deposit

They are a payment linked to a sale and purchase agreement and may serve different purposes and have different consequences. Not all of them allow withdrawal on the same terms.

Key question: what types of earnest money deposits are there, and what happens if one party does not proceed?

Earnest money deposit agreement in España The complete buying process

Documenting the payment

The payment should be capable of being reconstructed later without relying on informal conversations.

Traceability helps prove what was paid, when, to whom and for what purpose. In addition, certain professionals involved in the transaction have identification and anti-money laundering obligations, so they may request information about identity and funds.

Step 1Document

Keep the signed or accepted version governing the payment.

Step 2Recipient

Check that the document identifies who receives the money and in what capacity.

Step 3Bank transfer

Use a payment reference that links the payment to the property and the document.

Step 4Proof of payment

Keep the bank confirmation and any receipt issued by the recipient.

If the money is received by an agency or representative

Do not assume a universal escrow system throughout España. The document must clarify who receives the funds, on whose behalf, what authority they have to receive them, and what happens to the money in each scenario.

Source of funds

Law 10/2010 and its regulations establish anti-money laundering obligations for obliged entities. The specific documentation depends on the professional, the transaction and the level of risk. See the specific guide on source of funds.

Bank account and source of funds

Depending on the type of purchase

A resale reservation and an off-plan deposit should not be assessed in the same way

The purpose of this guide is the general reservation process before a property sale. New-build or off-plan transactions may trigger specific documentation, guarantees and rules on advance payments; they should be reviewed under their own guide and in light of the developer's and project's specific circumstances.

REV

Resale property

The initial priority is usually to correctly identify the owner, encumbrances, community of owners, occupancy, physical and planning status, as well as the terms of the reservation document.

NEW

New-build or off-plan

It is not enough to apply a resale template. The developer, project, licences, timetable, guarantees and advance-payment regime must be checked as applicable.

Buying a new-build property in España New build vs resale

Common mistakes

Eight mistakes that turn a simple reservation into a problem

01

Paying before reading

Transferring the reservation payment and reviewing the terms afterwards.

02

Not requesting Land Registry information

Handing over money without checking the available registered ownership details and encumbrances.

03

Relying on the title

Assuming that “reservation” automatically means a freely refundable payment or a penitential deposit.

04

Forgetting attachments

Failing to identify the garage, storage room or other items included in the price.

05

Vague financing

Relying on a mortgage without defining what happens if the bank does not approve the transaction.

06

Late due diligence

Leaving all checks until after taking on a commitment that is difficult to undo.

07

Ambiguous third-party payment

Failing to document why an agency or representative receives the money and on whose behalf.

08

Ignoring civil law

Applying a rule from the general Civil Code to a territory with its own civil legislation without checking it.

Before committing any money

Find a professional relevant to the location and type of transaction

A reservation may seem straightforward, but it involves the contract, Land Registry, planning regulations, financing and payments. RealtorList helps you find agencies and agents by area, languages, services and specialisms. Professional relevance should be assessed before any commercial directory priority.

Official sources

Legal and institutional basis used

Sources were verified for this article on 8 August 2026. Where a conclusion depends on the location or a specific contract, the national source does not replace the applicable civil, planning or municipal regulations.

BOE · Level 1 Civil Code General civil framework for contracts and property sales; relevant articles include 1255, 1258, 1261, 1278, 1450 and 1454. It must be checked whether any applicable regional civil law exists. General Council of Notaries · Level 2 Buying a home Institutional guide on pre-contract information, private contracts, ownership, encumbrances, owners' associations, occupation, deeds and payment methods. General Council of Notaries · Level 2 Deposit contract: non-mandatory nature and effects It explains that a deposit agreement is not mandatory, but can be a valid and binding contract; it distinguishes between confirmatory and withdrawal deposits where agreed. Association of Registrars · Level 2 Land Registry extract and registry certificate It distinguishes the informational value of a Land Registry extract from that of a registry certificate and helps interpret ownership and encumbrance information. Association of Registrars · Level 2 How to buy a home A guide recommending that Land Registry information be requested before making payments or signing contracts, and detailing what can be learned through the Registry. Directorate-General for the Cadastre · Level 2 Cadastre–Land Registry coordination An institutional source for understanding coordination between cadastral and registry information; it does not replace municipal planning checks. BOE · Level 1 Horizontal Property Act National framework for owners' associations and obligations related to community debts on transfer. BOE · Regional civil law Civil Code of Cataluña · property sale Example of a regional civil-law speciality: it expressly regulates deposit contracts and third-party financing provisions in property sales.

Continue by topic

Related guides without duplicating this intent

How to buy a home in España The complete process, from budgeting and property search through to the notary, taxes and Land Registry. Earnest money deposit agreement in España Types, risks, withdrawal and breach under a deposit contract. Real estate due diligence Ownership, encumbrances, Catastro, homeowners’ association, planning, occupancy and documentation. Bank account and source of funds How to prepare bank transfers, identity documentation and proof of funds for a purchase. The notary when buying a home What the notary checks, formalises and what notarial involvement does not replace. Real estate guide to España General hub for buying, selling, financing, ownership and investment.

Frequently asked questions

Reserving a home in España

There is no general nationwide obligation to pay a “reservation fee” before buying a home. Some transactions use a reservation fee, while others proceed directly to a private contract, deposit contract or deed. The important thing is to understand any document you sign and any amount you pay.

There is no universal legal percentage or amount for a property reservation fee. The amount depends on the transaction and what the parties agree. It should therefore be clearly stated in the document, along with how it will be credited against the price if the purchase proceeds.

There is no automatic answer. It depends on the content of the document, why the transaction does not proceed, whether the payment functions as an advance payment, a deposit or another legal arrangement, and the applicable civil law. The refund conditions should always be expressly stated whenever relevant.

Not necessarily. The name used by the parties does not by itself determine its legal nature. A reservation may include different commitments, and a payment may be structured as a deposit depending on its wording and the applicable law. For the types and consequences of deposits, see the dedicated guide.

It is an essential check. The Association of Registrars recommends requesting Land Registry information before paying any amount or signing contracts. The land registry extract provides information on the property description, ownership and encumbrances, although it does not replace other cadastral, planning, community or occupancy checks.

An automatic refund should not be assumed for every España. If the purchase depends on financing, the condition and its deadlines should be expressly set out. In addition, regional civil law may change the answer; Cataluña, for example, contains a specific provision on third-party financing in certain property sales.

The answer depends on the contractual relationship and the authority under which it acts. The document must identify who receives the funds, on whose behalf, the purpose of the payment and what happens to the money in each scenario. A single escrow arrangement applicable to all transactions in España should not be assumed.

Yes. The General Council of Notaries recommends consulting a notary before completing procedures, signing documents or handing over money to resolve legal questions about the purchase. This does not replace specialised due diligence where the transaction requires additional land registry, planning, technical or contractual review.

Notice: this guide provides general information on property reservations in España and is based on official sources verified on 8 August 2026. It does not replace personalised legal, tax, financial, technical or notarial advice. The effect of a reservation depends on the signed document, the circumstances of the transaction and the civil and planning law applicable to the specific location.

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