Investment approach
Agency commission for selling a flat in Barcelona: how to work it out
The law sets no commission rate but requires it to be written into the nota de encargo as a percentage or sum. A worked calculation with IVA, payment terms and what to compare in two agency offers.
The law does not fix an agency's commission for selling a flat in Barcelona: under Ley 18/2007 on the right to housing, it is recorded in the written instruction (the nota de encargo) as a percentage of the price or a fixed sum (art. 55.6). IVA (VAT) at the general rate of 21% is added on top (art. 90 LIVA). So the seller compares not the percentage from the advertising but the sum with IVA, the payment terms and the time to sell.
How an agency's remuneration is regulated in Catalonia
The nota de encargo is the owner's written instruction to the agent, without which the agent may not advertise the flat, take money or sign preliminary contracts with a buyer (art. 55.5–55.6 Ley 18/2007). It must state the term of the instruction, the asking price, the agent's remuneration and the manner of payment, and the rights and duties of the parties.
The law sets the form of remuneration but not its size. It may be a percentage of the price or a fixed sum, and the agent may not receive remuneration from both parties for one transaction unless they have expressly agreed to it. Before signing with a buyer, the agent must verify the owner's details, the title and the charges in the registry (art. 55.7).
Agencies in Catalonia are entered in a mandatory public register, and the agent uses a badge with the registration number in all advertising (Generalitat). It is worth checking the number in the contract against the register before signing. For expensive properties, a point-by-point review of the nota de encargo is in the article an agency to sell a high-value property.
What the commission costs in money
It is easier to compare offers in euros with IVA than in percentages. The law sets no market norm, so the percentages in the example are assumptions.
Worked example, not a forecast. A flat is sold for 600,000 €. Three offers: 3% of the price, 5% of the price and a fixed 12,000 €, all plus IVA of 21%.
| Offer | Without IVA | With IVA 21% | Share of price |
|---|---|---|---|
| 3% of the price | 18,000 € | 21,780 € | 3.63% |
| 5% of the price | 30,000 € | 36,300 € | 6.05% |
| Fixed 12,000 € | 12,000 € | 14,520 € | 2.42% |
The gap between the extremes is more than 21,000 €. But the time to sell also costs money: if the cheaper format sells the flat four months later, and the comunidad (owners' association) fees, IBI (local property tax), insurance and mortgage interest come to 1,200 € a month (assumption), that is another 4,800 €. Which costs run while a property stands empty is covered in the article on holding costs of a vacant property.
When the agency becomes entitled to payment
The moment of payment is set by the contract, so it is read before signing. Most often the remuneration is tied to signing the escritura (notarial deed) before the notary, but the wording varies.
Points worth checking in writing:
- what counts as completed work: signing the arras (deposit contract) or the escritura;
- what happens if a buyer brought by the agency withdraws after the arras and the deposit stays with the seller;
- whether the seller pays if they find the buyer themselves during an exclusive contract;
- how long the instruction lasts and how to leave it early;
- whether the seller must pay if, after the instruction ends, they sell the flat to a buyer whom the agency showed it to;
- whether IVA is included in the stated percentage or added on top.
The difference between an exclusive and an open instruction is covered in the article exclusive or open contract with an agency.
How to compare two agency offers
What is compared is the final sum and what is done for it, not the percentage from the first conversation.
- Convert each offer into euros with IVA at your price.
- Check the agency's number in the register and match it with the nota de encargo.
- Find out who exactly will handle the flat and how often you will get a report on viewings and responses.
- Clarify what the work includes: photos, floor plan, portals, vetting of the buyer, taking part in negotiations and in preparing the arras.
- Compare the term of the instruction and the exit conditions.
- Ask whether the agency also charges the buyer. By law this is possible only with express consent, and for the buyer it is part of their costs and a bargaining argument. How it looks from the buyer's side is covered in the article who pays the agency commission.
The commission does not replace the seller's taxes: plusvalía municipal (municipal tax on the increase in urban land value) and tax on the gain are paid whether or not there was an agency. The whole path from listing to the notary is described in the article how selling a flat in Barcelona works.
When an agency does not fit
An agency adds little if the buyer is already found: for example, the tenant is ready to buy the flat and already has a right of first refusal (derecho de tanteo y retracto), or a neighbour in the building does. Then what is needed is legal preparation of the deal, not a search for a buyer.
It also does not suit a seller who is not ready to sign a nota de encargo with a clear price and term: without one, the agent by law cannot advertise the flat.
Questions and answers
What percentage does an agency charge to sell a flat in Barcelona?
There is no fixed rate. Under Ley 18/2007 the amount is recorded in the nota de encargo as a percentage of the price or a sum, and IVA of 21% goes on top. It is worth comparing offers in euros with IVA at your price.
Is the agency's commission subject to IVA?
Yes, the agency's services bear IVA at the general rate of 21%. Before signing, clarify whether IVA is included in the stated percentage.
Can an agency charge a commission to both the seller and the buyer?
In Catalonia only if the parties have expressly agreed: without that consent the agent may not receive remuneration from both parties for one transaction.
When does the seller pay the agency?
When it is written in the nota de encargo, most often at the signing of the escritura. Separately check what happens if the buyer withdraws after the arras or if the seller finds a buyer on their own.
How do I check that an agency is registered?
In the public register of real-estate agents of Catalonia: the agent must state the registration number in advertising, and it is matched with the number in the nota de encargo.
