Investment approach
Reserva on a Barcelona flat: what to check before signing and paying
A reserva looks like a formality, but in Catalonia money paid to the seller counts by default as part of the price. What to check in the text, what information is due before payment, when to skip it.
A reserva (reservation deposit) is a short document and a payment after which the agency takes the flat off the market for viewings for an agreed period. It has no single standard, and the consequences are determined by the text. Catalan law gives the buyer something to lean on: before handing over any sum towards the price, the buyer is entitled to receive in writing the details of the agent, the floor area, the registry data and the full price with taxes, and if the sum is more than 1% of the price, also the condition of the flat and its encumbrances (art. 60 Ley 18/2007, Catalonia's right-to-housing law).
How a reserva differs from arras
A reserva holds the flat; arras fix the deal. In the typical sequence of a purchase in Barcelona there is an offer, then an arras contract (deposit contract) with the seller, then the escritura (notarial deed) at the notary. A reserva is an optional step before the arras, and it is more often proposed by the seller's agency.
The danger lies in the Catalan presumption. Money the buyer hands to the seller is by default treated as arras confirmatorias, that is a token that a contract has been concluded and part of the price (art. 621-8 CCCat, the Civil Code of Catalonia). If the reserva is paid to the seller and the text is silent about its nature, a dispute is possible over whether the contract has already been concluded. How the kinds of arras differ is covered in the article on types of arras.
What to check in the text of the reserva
Five questions the text must answer in writing before payment:
| Question | A good answer in the text | A warning sign |
|---|---|---|
| Who receives the money | The agency as custodian until the arras, or the seller with an express clause on the nature of the payment | A private individual's personal account |
| Who signs | The buyer and the seller, or the agency with the seller's written confirmation | Only the agency, without the seller's consent |
| Whether the sum is credited | Towards the price or the arras when they are signed | A separate "reservation fee" |
| When the money is returned | The seller rejects the price, problems with the documents, the bank refuses | "Not refundable under any conditions" |
| By what date the arras are to be signed | A specific date | "By agreement" |
An agency may accept money only with the owner's written instruction (a nota de encargo), and for sums it holds until they pass to the recipient it must have a standing guarantee (art. 55 Ley 18/2007). It is sensible to ask for the agency's registry number and a copy of the instruction before transferring anything.
What information is due before payment
The law divides sums into two tiers, and the size of the reserva determines the amount of mandatory information (art. 60.2 and 60.3 Ley 18/2007).
- Before any sum: who the agent is, the usable area of the flat and its annexes, the registry reference, the full price with taxes and the buyer's costs.
- If more than 1% of the price: the age of the building, its services, the occupancy of the flat, encumbrances from the register, the share of participation, the community's fees and derramas (special levies), unpaid common costs, the payment terms.
Worked example, not a forecast. A flat at 500,000 €. A reserva of 3,000 € is 0.6% of the price, and the first tier is mandatory. A reserva of 6,000 € is 1.2%, and the whole extended set of information is due before payment. If the agency asks for more than 1% and does not provide the second-tier information, that is a reason to stop.
What to look at yourself before the reserva
The full check comes before the arras, but the buyer does the minimum alone in a day.
- Nota simple (extract from the property register). It is ordered online at the Colegio de Registradores portal: 9.02 € per property before taxes (Registradores). If the owner on the extract is not the person selling, that is a stop sign. What else to read in it is explained in the article on the nota simple.
- Building debts. Whether there are debts to the comunidad (community of owners) and approved but unpaid derramas. On a sale the seller must attach the secretary's certificate of debts (art. 553-5 CCCat).
- Area. Compare the area in the listing, in the register and in the cadastre. Under Catalan law the stated area is indicative, and a difference of up to 10% as a general rule gives no ground for a claim unless the contract says otherwise (art. 621-50 CCCat). That is why discrepancies are clarified before payment.
- Price. Negotiate before the reserva: signed at the seller's price, it fixes that price as the starting point. Signs of overpricing are collected in the article how to tell that a flat is overpriced.
When a reserva is not needed and does not fit
A reserva is redundant if the seller is ready, the documents are collected and the abogado (lawyer) can quickly check a draft arras: then it is more sensible to go straight to it. Fewer documents, fewer discrepancies between them.
It also does not suit a buyer who is not yet sure about the flat. There is no sense in paying to have a flat held while other options are being looked at; it is more honest to ask for a few days to check, or for written confirmation that the offer has been passed to the seller. DNPI gives its view of the price before any payment as part of a property valuation.
Questions and answers
Is the money for a flat reserva refunded?
It depends on the text. If the document provides for a refund when the seller refuses, when there are problems with the documents or when the bank turns down the mortgage, yes. If there is no such condition, getting the money back is hard, so it is agreed before payment.
How much do people usually pay for a reserva in Barcelona?
There is no single amount: the agency proposes a figure and it is negotiable. The conditions matter more: who gets the money, whether it is credited to the price and when it is returned. A sum above 1% of the price brings extended information duties.
Is it compulsory to sign a reserva before the arras?
No, it is an optional step, and many deals do without it. If the seller is ready and the documents are collected, the arras are prepared straight away together with the abogado.
Why is it risky to pay a reserva directly to the seller?
In Catalonia money handed to the seller is by default treated as arras confirmatorias and part of the price. If the text does not say otherwise, a dispute can arise over whether the contract has already been concluded.
Can a reserva be transferred to the agent's personal account?
Better not. The agency receives the money on the owner's instruction and must have a guarantee for the sums it holds. A payment to a personal account bypasses that protection.
