Where sellers get caught out
Sellers of older country houses often do not know which parts were licensed. When the buyer's lawyer finds out first, the seller negotiates under pressure. A review before marketing turns a surprise into a known, priced point.
Preparing a Menorca property for sale
| Document | Why buyers ask for it |
|---|---|
| Title deed and Land Registry extract | Ownership, mortgages and charges |
| Licences and planning history | Every building, pool and extension must be covered |
| Cédula de habitabilidad | Residential use and utility contracts |
| Energy performance certificate | Required to advertise and sell |
| IBI and community receipts | No debts pass to the buyer |
| Holiday rental licence | If the price reflects rental income |
The contract from the seller's side
We negotiate a fair but firm arras contract: a clear deposit, limited conditions, a completion date and what happens if the buyer does not complete. Under penitential arras, a buyer who withdraws loses the deposit to the seller. See arras contracts.
Taxes when you sell
Sellers pay tax on the capital gain and the municipal plusvalía. If you are not resident in Spain, the buyer withholds 3% of the price and pays it to the tax office; you then file your return and recover any excess. Purchase costs and improvements can reduce the taxable gain. See costs and taxes in Menorca.
Inherited properties
Many Menorca homes are sold by heirs. The inheritance must be accepted and registered before the sale, but both steps can be coordinated. See inheritance lawyer in Menorca.
Completion
We check the means of payment at the notary before you sign and can sign for you with a power of attorney. Menorca.law is part of Castell.law; for buyers, see our property lawyer service.
An illustrative example
Based on situations we commonly see; not a specific client. A British couple selling their farmhouse near Alaior asked us to review the file before listing it. The original house and the pool were licensed, but a covered terrace added later was not. They obtained an architect's report, disclosed the terrace and priced it in. The buyer's lawyer found nothing new, and the sale completed on the agreed date with the 3% retention later recovered in part.
Before you sign or pay, ask a lawyer
Send us the document, the listing or a short summary of the problem. A lawyer will tell you what matters, what it could cost you and what to do next.
Questions about selling property in Menorca
Do I need a lawyer to sell my house in Menorca?
It is not compulsory, but it avoids price reductions, delays and tax mistakes.
How is the 3% retention recovered?
The non-resident seller files a capital gains return; if the tax due is lower than 3%, the difference is refunded.
What if my house has works without a licence?
We assess whether they can be regularised before the sale or how to disclose and price them.
Can I sell without travelling to Menorca?
Yes, with a power of attorney we sign for you.