Fortunately, some real-estate wisdom from Spanish industry experts gives us a simple starting point.
Here are five essential tips every seller in the Canary Islands should know before signing anything with an estate agency.

Let’s keep it friendly, clear, and sprinkled with a bit of English humour — because negotiating fees doesn’t have to feel like negotiating the price of a used car.

Be Crystal Clear About Whether the Agency Can Charge the Buyer

In most of Spain — and Tenerife is no exception — the seller usually pays the agency’s commission.
But this is not a universal rule.

In some regions, fees are split between buyer and seller.
And during Spain’s famous housing bubble years, buyers sometimes ended up paying all the agency fees.

So here’s the golden rule:

👉 Never assume what’s “normal.” Always put it in writing.

If you don’t want the agency charging the buyer, say it clearly.
If you’re open to a shared commission, say that too.

This avoids awkward surprises later — like a buyer discovering they owe a commission they never agreed to and walking away from the deal entirely.

Agree on the Exact Commission — Don’t Leave This Open-Ended

Spain’s standard real estate commission tends to hover around:

• 3% of the final sale price + IGIC/IVA
• 5–6% in high-demand coastal areas (like Costa Adeje, El Duque or Palm Mar)

Tenerife’s south coast is competitive, international and tourism-driven — which means commissions here often lean toward the upper range.

The important thing is not the percentage itself, but that it is:

✔ agreed,

✔ written,

✔ and understood from the start.

No vague promises like “We’ll talk about it later”.
Later is where problems begin.

Define EXACTLY What Services You’re Paying For

This is where most misunderstandings happen.

Many sellers assume an agency fee includes photography, marketing, viewings, paperwork, advice — the whole package.
But some agencies offer more, some offer less, and some offer…well…creative interpretations of “service.”

So the smart move is:

👉 List the services one by one.

And decide what matters to you:

• Professional photography?
• Video tours?
• Home staging?
• Virtual viewings for foreign buyers?
• Managing every viewing?
• Handling legal paperwork?
• Marketing on portals like Idealista, Fotocasa, Rightmove Overseas?

Some sellers even prefer to conduct the viewings themselves to reduce costs — perfectly valid as long as it’s written.

In a market like Tenerife, where buyers might live in the UK, Germany or Scandinavia, clarity about who does what is essential.

Review the Agency’s Marketing Plan Before Signing Anything

A good marketing plan is worth its weight in gold — especially in a destination as desirable as Costa Adeje.

This should include:

• Real estate portals (Idealista, Kyero, Fotocasa, Rightmove Overseas)
• The agency’s own website
• Social media promotion
• Email campaigns to their buyer database
• Professional photography
• Video walk-throughs
• Virtual tours for international clients

If the plan is basically “upload three photos and hope someone calls,” that’s not marketing — that’s wishful thinking.

A real strategy increases visibility, generates interest, and shortens the selling time.

Put Everything in the Intermediation Contract (No Exceptions)

Once you’ve agreed on:

• Whether the buyer pays anything
• The commission percentage
• The services included
• The marketing plan
• The timing of the payment

…all of this must be written into a Hoja de Encargo — the formal intermediation contract.

Here are the two most important points:

✔ The agent cannot guarantee a sale

They can only promise to do everything possible to achieve it.

✔ The commission is usually paid only when the sale is completed at the notary

Not during viewings, not during negotiations, not halfway through.

Unless otherwise stated (and you should avoid “otherwise stated”), fees become due when the sale is official.

Tips Especially Relevant for Tenerife Sellers

Because the Canary Islands have a uniquely international real estate market:

• Ask whether the agency supports multilingual buyers.
• Confirm who handles NIE guidance and paperwork.
• Make sure the agency understands tourist licence laws (vivienda vacacional).
• Check experience with foreign banks and remote buyers.

Not all agencies are created equal — especially on an island where many buyers are thousands of kilometres away.

Final Thoughts

Negotiating real estate fees doesn’t have to be complicated — but it does have to be clear.

Write everything down.
Ask every question.
And never sign a sales mandate that leaves room for “interpretation.”

Your home is one of your most valuable assets.
The agreement with your agency should protect it — and protect you — from start to finish.

Disclaimer

This article is for informational purposes only and does not replace legal, tax or professional real estate advice. For specific questions about contracts, commissions or property sales in Tenerife or the Canary Islands, please consult a qualified lawyer, tax advisor or licensed real estate professional.

The post Selling in Tenerife: Essential Tips for Real Estate Fees first appeared on Adeje.com.

If a seller decides NOT to go through with the sale… can the real estate agency still charge their commission?

According to a key ruling from Spain’s Supreme Court, the answer is:
No—not always.

Let’s break this down clearly, calmly, and with just enough humour to survive the legal jargon.

The Supreme Court Case: What Actually Happened

A real estate agency introduced a ready and willing buyer to a homeowner.
Everything seemed on track… until the seller realized the financials didn’t add up.

Between taxes, fees, and existing charges on the home, the seller would end up losing money.
So, perfectly reasonably, they said:

“Actually… I’ve changed my mind.”

The seller cancelled the contract with the agency through a burofax (Spain’s favourite way of officially saying “I’m out”).

The agency then sued the homeowner, demanding their commission anyway—claiming they had already presented a buyer.

The case reached the Supreme Court.

The Supreme Court’s Answer: NO Commission If There Was No Bad Faith

Spain’s Supreme Court ruled that the agency had NO right to claim the commission because:

🟩 1. The seller acted in good faith

They didn’t try to “steal the buyer” or bypass the agency.

They simply realised the sale made no financial sense.

🟩 2. The seller is a consumer and is protected by consumer law

This is critical in Spain:
If the seller is a consumer (not a business), consumer protection rules apply.

🟩 3. The agency didn’t inform the seller of their right to withdraw

Under consumer law, the seller had the right to desist (withdraw) from the contract within 14 days — no explanation needed, no penalty.

The agency failed to inform them verbally and in writing, which is legally required.

Because of that, the seller could withdraw even after those 14 days.

🟩 4. The agency provided services BEFORE the withdrawal period ended

Meaning: the seller was still fully within their right to stop everything.

Why This Ruling Matters (Especially in Tenerife)

The Canary Islands have a very active property market with:

• foreign sellers
• foreign buyers
• contracts often signed at home, not in an office
• multilingual agents
• pressure to sign quickly

This ruling protects everyday homeowners from:

• aggressive signing tactics
• unclear contracts
• commissions demanded without a completed sale

In short:
An agent cannot charge commission simply because they brought a buyer—if the seller validly withdraws in good faith.

Your Right to Withdraw: The 14-Day Rule

According to Spain’s consumer protection laws:

✔ If you sign a sales mandate (encargo de venta) at home

You have 14 days to withdraw without any penalty or justification.

✔ The agency MUST inform you of this right

And provide:

• a written document to exercise the withdrawal
• clear and understandable information

✔ If the agency fails to inform you

The withdrawal period increases to:

🟨 12 months

(Yes, one whole year!)

This is exactly what happened in the Supreme Court case.

How Real Estate Agency Fees Actually Work

Typical commissions in Spain (and Tenerife):

✔ 3%–5% standard

✔ Up to 6% in coastal or luxury areas

✔ Franchise models:

• 3% from the seller
• 3% from the buyer
  = 6% total

Payment is usually split:

• Part at the arras deposit
• The rest at the notary when the sale becomes official

How to Negotiate Agency Fees Safely

Spanish experts recommend:

✔ 1. Define clearly whether the agency can charge the buyer

Some areas split the fee 50/50.

✔ 2. Agree on the exact percentage in writing

No assumptions. No surprises.

✔ 3. Specify EXACTLY what services the agency will perform

Photography, visits, contract drafting, marketing, staging, etc.

✔ 4. Review the agency’s marketing plan

Will they use portals? Their own website? Social media? Videos?

✔ 5. Put EVERYTHING in a written contract

Including when the commission is earned.
(Hint: normally ONLY when the sale is completed at the notary.)

What This Means for Sellers in Tenerife

If you’re selling your home in Tenerife and change your mind — AND:

• you act in good faith
• you don’t try to bypass the agency
• and the agency didn’t clearly inform you about your withdrawal rights

→ They cannot force you to pay a commission.

The Supreme Court ruling makes this crystal clear.

Final Thoughts

This ruling protects consumers from unfair commission claims and reinforces the importance of transparent contracts and honest real estate practices.

If you’re selling property in Tenerife, make sure:

• contract terms are clear
• you understand your rights
• the agency informs you properly
• everything is in writing

And if in doubt, always get a second opinion before signing.

Disclaimer

This article is for informational purposes only and does not replace legal or professional advice. For real estate contracts in Tenerife, consult a qualified lawyer or property expert.

This article is based on official information from Spain’s Supreme Court and reporting by Idealista News.

The post Seller Withdrawal: No Commission, Rules Supreme Court first appeared on Adeje.com.

If you’re planning to sell an apartment, villa or bungalow in the Canary Islands in 2025, here’s the clear, friendly and slightly cheeky guide you need.

What Is a Real Estate Commission (in Tenerife)?

A real estate commission is the fee an agency charges for handling the sale of your property.
Here in the Canaries—with a huge international market and buyers from 40+ countries—agents often work harder than usual. Expect:

• multilingual viewings,
• coordinating buyers flying in for “a quick visit”,
• managing paperwork in Spanish + English (sometimes German),
• and keeping a straight face when someone asks if the apartment comes with a guarantee of “eternal summer”.

The commission should always be clearly stated in the contract (encargo de venta).

What Does the Law Say in the Canary Islands?

The same rules apply as in the rest of Spain:

• No national law says who must pay the commission when selling.
• The usual practice in Tenerife: the seller pays.
• For rentals: the 2023 Housing Law says the landlord pays agency fees.

The only difference?
In the islands, agencies tend to offer more international services, which affects the final price.

How Much Do Agencies Charge in Tenerife (2025)?

Here’s the realistic range for the Canary Islands—based on the actual market:

Standard properties (apartments, townhouses, rural homes)

➡️ 5% is the most common fee.
➡️ Range: 3% – 6% depending on services.

Luxury properties (villas in Costa Adeje, golf resorts, ocean-view penthouses)

➡️ 6% – 10%
These include properties in zones like El Duque, Caldera del Rey, Roque del Conde, or Palm Mar.

Why the higher end in the south?

Because buyers often live abroad and agencies must work harder to:

• manage long-distance negotiations
• organise virtual tours
• coordinate notary appointments with limited travel dates
• handle power-of-attorney sales
• ensure documentation is correct for foreign buyers

It’s a more complex job than a standard sale on the peninsula, and prices reflect that.

What Services Do Canary Agencies Actually Provide?

Here’s what good agencies in Tenerife should offer (and many do):

Home Preparation

• Professional photography (because sunlight is strong and shadows are tricky)
• Video tours
• Drone footage for villas
• Optional home staging

Management of Viewings

With buyers who:

• arrive 20 minutes early (locals),
• arrive exactly on time (Germans),
• arrive 45 minutes late because “traffic in Playa de las Américas is crazy today” (everyone else).

Legal & Administrative Support

Extremely important in the islands, because most buyers are foreigners:

• Obtaining the nota simple
• Getting the energy certificate
• Checking tourist licence status (vivienda vacacional)
• Preparing the arras contract
• Reviewing debts with the community
• Ensuring the property is legal (especially rural homes and older apartments)

Assistance for foreign buyers

Often includes:

• NIE guidance
• Help with opening a Spanish bank account
• Power-of-attorney advice
• Notary coordination

This is why commissions in Tenerife tend to be slightly higher than the Spanish mainland.

Who Pays the Commission in Tenerife?

In 95% of sales:
➡️ The seller pays.

Some agencies advertise “No commission for the seller!”
Lovely—but usually this means:
➡️ The buyer pays, or
➡️ The property is overpriced to compensate.

Everything is legal as long as:

• it’s written in the contract,
• and both sides agree.

Is It Legal for the Buyer to Pay the Commission?

Absolutely.
This usually happens when:

• the buyer hires a “property finder”
• the agency specialises in international clients
• the deal is structured to make the listing more attractive

But again: contract, contract, contract.

When Is the Commission Paid?

Typically:
➡️ At the notary, on the day of signing the deeds (escritura).

But many agencies in the Canaries split payments:

• Part at the arras deposit
• Part at completion

This is normal and helps both sides manage the process.

Why Are Fees in Tenerife Often Higher Than Mainland Spain?

Very simple:

• 60–80% of buyers are foreigners
• Properties in coastal areas have higher demand
• Agencies offer multilingual support
• The market is hot all year round
• Buyers visit on holiday → short decision windows
• Many properties require extra checks (tourist licence, community rules, energy compliance)

In short:
Selling in Tenerife = more work, more coordination, more expertise.

Final Thoughts

Real estate commissions in Tenerife aren’t random—they reflect the unique, international nature of the market.
A good agency will guide you through the entire process, prevent expensive mistakes, and make sure your sale goes smoothly.

Just ensure the services match the price, everything is in writing, and you feel supported from the first viewing to the notary’s final stamp.

Disclaimer

This article is for informational purposes only and is based on general real estate practices in Spain and the Canary Islands. It should not be considered legal advice or a substitute for professional guidance. For property transactions, contracts or legal matters, we strongly recommend consulting a licensed lawyer, gestor or qualified real estate professional in Tenerife.

The post Tenerife Property Fees—The Quick Guide first appeared on Adeje.com.

Spoiler: usually, it’s the seller.
But — because this is Spain — there are always exceptions, side agreements, and fine print worth understanding before you sign anything.

What Do Real Estate Agency Fees Actually Cover?

Paying agency fees isn’t just “a random commission.” It’s payment for a full professional service that goes way beyond showing apartments and taking nice photos.

Most agencies include:

• Property valuation and pricing strategy. Setting a realistic (and appealing) price based on the local market.
• Property preparation. Some offer home staging, professional photography, and even virtual tours.
• Viewings management. They organize appointments, filter out time-wasters, and handle buyer questions.
• Legal paperwork. Preparing the contrato de arras (deposit agreement), handling the sales contract, taxes, certificates, and all required documentation.

In short: if your agency does its job right, those fees translate into time saved, less stress, and a smoother transaction.

So… Who Usually Pays?

In most cases in Spain — including Tenerife — the seller pays the agency fees.
That’s because the seller is the one hiring the service to market and sell the property.

However, there’s no law that enforces this rule. Depending on the deal, it can go several ways:

1. 🧾 The seller pays. The standard case — the agency works for them and takes a percentage (usually 3%–5%).
2. 🤝 Shared fees. Sometimes buyer and seller agree to split the costs.
3. 🔍 Buyer hires the agency. If a buyer contracts an agent to find the perfect home or help with mortgage negotiations, they’ll be the one paying.

The golden rule: everything must be written clearly in the real estate agreement, stating who pays, when, and how much.

Is It Legal for an Agency to Charge the Buyer?

Yes — totally legal.
There’s no national regulation in Spain preventing an agency from charging the buyer, as long as it’s transparent and agreed upon beforehand.

It’s actually common in premium or tailor-made property searches, where the buyer requests a specific service.

Are There Agencies That Don’t Charge Buyers?

Yes — quite a few, in fact.
Some agencies promote “no fees for buyers” as part of their marketing strategy. But let’s be honest: that doesn’t mean the service is free.

In most cases, the cost is already built into the property’s sale price, so the seller indirectly covers it.
However, if you hire an agency to search for a home on your behalf, that’s a personalized service — and yes, you’ll pay for it.

When Are Real Estate Fees Paid?

Typically, agency fees are paid at the moment of signing the final sales contract (when the deal officially closes).
Some agencies request an advance payment during the contrato de arras (deposit agreement) or at the start of the collaboration.

If the sale never goes through, what happens next depends on the contract:

• Some agencies charge a smaller amount for the work already done.
• Others don’t charge anything unless the sale is completed.

Always check what’s written in the intermediation contract before signing.

Can You Deduct Real Estate Fees?

Yes — but it depends on your role:

• For sellers: agency fees can be deducted from your capital gains when declaring taxes, reducing the taxable profit.
• For buyers: these fees form part of your acquisition cost. If you sell the property later, they’ll help reduce future capital gains too.

💡 Pro tip: keep all invoices and contracts. You’ll thank yourself at tax time.

The Bottom Line

There’s no universal rule. In Tenerife — just like the rest of Spain — who pays the real estate fees depends entirely on the agreement between the parties.

The key is to avoid assumptions, read the contract carefully, and work with a transparent, trustworthy agency that explains every step clearly.

⚠️ Disclaimer

This article is for informational purposes only. Real estate practices may vary depending on the agency and region. Always consult a qualified lawyer or gestor before signing any property-related documents.

The post Who Pays the Real Estate Agency Fees — the Buyer or the Seller? first appeared on Adeje.com.

This guide explains, in plain English, what an arras contract is, what goes in it, the different legal “flavours”, timelines, extensions, and how taxes work — with helpful notes for the Canary Islands (hello, Adeje 👋).

1) What is a “Contrato de Arras”?

The contrato de arras is a private agreement between buyer and seller that locks in a commitment to buy/sell a property at an agreed price and within an agreed timeframe. On signing, the buyer usually pays a deposit (often ~10% of the purchase price). The contract reserves the home, sets the notary deadline (for the public deed, the escritura), and spells out what happens if someone changes their mind or fails to perform.

Think of it as: “We both mean it, here are the rules, here’s the money, and here’s the date.”

2) Why do people sign one? (What it’s for)

• Reserves the property: the seller stops showing/accepting other offers.
• Shows buyer commitment: there’s skin in the game.
• Creates clear consequences if someone backs out (more below).
• Fixes the basics (price, timing, who pays which costs, etc.) in writing.

Most buyers sign an arras contract once they’re set on the property and want it off the market while they sort financing, gather documents, or simply queue their notary appointment.

3) What should an arras contract include?

Use this as your practical checklist:

• Who: Full identification of buyer and seller (name, passport/NIE, address).
• What: Accurate description of the property (address, registry details).
• Price & payment terms: Total price, how and when it will be paid.
• Deposit (arras): Amount paid now (often ~10%) and a clear note that it’s deducted from the final price at completion.
• Deadline: Specific date (day/hour) by which the public deed (escritura pública) will be signed before a notary.
• Who sets/communicates the notary date: Usually the buyer proposes the date within the agreed window.
• How to notify: Allow email, but for anything serious (delays/defaults) use burofax (certified post) to avoid disputes.
• Cost split: Notary, Registry, plusvalía municipal (seller, unless agreed otherwise), and buyer’s taxes/fees.
• Type of arras: Confirmatory, Penitential, or Penal (explained next).
• Expiry: Clear date of expiry of the arras contract.
• Signatures of both parties.

Pro tip: Make the notification method crystal clear (e.g., “Notary date notification by burofax at least X days in advance”). Vague notifications cause very real headaches.

4) The three legal “flavours” of arras

Spanish law recognises three common structures. Choosing the right one matters because consequences differ:

1. Confirmatory Arras (arras confirmatorias)
   • Essentially a down payment confirming the sale.
   • If someone breaches, the other may demand performance or termination with damages (Civil Code art. 1124).
   • Use when you want strong emphasis on completing the deal.
2. Penitential Arras (arras penitenciales) — the most common
   • Creates an “exit with a price”.
   • If the buyer withdraws: loses the deposit.
   • If the seller withdraws: returns double the deposit (Civil Code art. 1454).
   • Use when both parties want a simple, predefined walk-away consequence.
3. Penal Arras (arras penales)
   • Adds a penalty if someone fails to comply, and (unless agreed otherwise) allows the injured party to still demand performance.
   • Use when you want a deterrent and leverage to force completion.

Plain-English summary:
– Penitential = “You can pull out, but it’ll cost you.”
– Confirmatory = “We’re doing this. If you don’t, I’m claiming damages.”
– Penal = “There’s a penalty, and I can still push you to complete.”

5) How much is the deposit?

Typically ~10% of the purchase price — but it’s not fixed by law. Parties can agree more or less depending on the deal (prime villas often command higher). Whatever you agree, spell it out and say it reduces the price payable at completion.

Example

• Price: €350,000
• Arras: 10% = €35,000 (paid on signing the arras)
• At completion: Buyer pays €315,000 (+ taxes/fees)

6) How long does an arras contract last?

Commonly up to 6 months from signing (your Spanish source is spot on), but most transactions in resort areas close much sooner. The key is the deadline you write in the contract. If financing or paperwork needs more time, don’t guess — build it in or agree a formal extension.

7) Can you extend (prorrogar) an arras contract?

Yes — if both parties agree. Use a short written annex (anexo) referencing the original contract, stating:

• New completion deadline
• Reason(s) for the extension (e.g., mortgage approval timing)
• Any changed conditions (if any)
• Both parties sign

Do not rely on “we’ll sort it by WhatsApp.” Extensions should be formal, dated and signed.

8) What happens if someone backs out?

It depends on the type of arras you chose:

• Penitential:
  • Buyer walks away → loses the deposit.
  • Seller walks away → returns double the deposit.
• Confirmatory: Injured party can demand completion or terminate with damages.
• Penal: Penalty applies, and (unless waived) the injured party can still demand completion.

Common pitfall: Buyers assuming “I can always get my deposit back if the bank says no.” Not automatically true. If your mortgage is critical, make the arras conditional on obtaining financing by a given date, with a clear outcome if it’s refused.

9) Who pays what? (costs & the plusvalía)

A fair and very common distribution (and one many lawyers recommend) is:

• Seller: costs of granting the public deed (otorgamiento), and plusvalía municipal (local capital gains on land value).
• Buyer: Registry, copies, and purchase taxes (see below).

You can agree something different, but write it clearly to avoid disputes at the notary.

10) Taxes: how do arras and the purchase get taxed?

If the sale goes ahead

• The deposit becomes part of the price.
• The buyer pays purchase taxes:
  • Canary Islands (Adeje)
    • New-build: IGIC instead of VAT (standard 7%) + AJD (stamp duty, % varies by region).
    • Resale: ITP (Canaries standard 6.5% is common).
• The seller declares the gain in IRPF (personal income tax) and pays plusvalía municipal (as per local rules).

If the sale does NOT go ahead and someone keeps the deposit as a penalty

• The party receiving the money must declare it as taxable income (typically in the general base).
• The party losing the deposit may declare a capital loss (also typically in the general base).
• For the buyer, paying the deposit itself has no IRPF impact if the sale later completes; it simply forms part of the price for IGIC/ITP purposes.

Note: Rates and thresholds can change over time or by specific Canary allowances. Your notary/gestoría will confirm your exact case.

11) Is it mandatory to sign an arras contract?

No — it’s not compulsory. But it’s the safest practical way to reserve a property and lock in the deal terms while you prepare the notary signing. It doesn’t have to be notarised, but notarial intervention adds extra legal certainty(identity checks, date certainty, etc.).

12) Practical example: a tidy timeline

1. Week 0: Offer accepted → due diligence begins (ownership check, debts, community fees).
2. Week 1: Arras contract signed → buyer pays 10%.
3. Week 1–6: Buyer finalises mortgage (if any); both sides prepare documents.
4. By Day X (per arras): Notary signing (escritura pública) → keys, price balance paid, taxes/fees triggered.

If any risk of delay (bank slow, overseas funds, POA setup), plan the extension early — don’t wait until the week before.

13) Simple clauses people are glad they included

• Financing condition (if relevant):
  “This contract is conditional upon Buyer obtaining mortgage approval of at least €___ by //____. If not granted, either party may rescind with the return of the deposit to Buyer.”
• Notary date & notice:
  “Buyer shall set the notary date within the period –. Buyer will notify Seller of the date by burofax at least __ days in advance.”
• Default rule (penitential/confirmatory/penal):
  State the type of arras and exact consequence clearly (e.g., “If Seller withdraws, Seller returns double the deposit within __ days”).
• Cost split:
  “Plusvalía municipal shall be borne by Seller; Registry and purchase taxes by Buyer. Deed granting costs as per law by Seller.”

14) Quick reference table

15) Common mistakes (and how to avoid them)

• No financing clause when you actually need a mortgage → deposit at risk.
• Vague deadline (“around late June”) → recipes for disputes. Put a date & hour.
• No formal notification method → use burofax for the serious stuff.
• Assuming costs instead of writing them → write them.
• Not checking debts/charges/community fees → do a proper search (nota simple), ask for proof of being up to date with the community and utilities.

16) Mini-glossary (because Spanish legalese likes to show off)

• Arras: Deposit/payment to reserve the property under agreed terms.
• Escritura pública: Public deed signed before a notary — where the sale is completed.
• Burofax: Certified postal notice — the “please don’t ignore this” way to communicate.
• Plusvalía municipal: Local tax on the increase in land value (usually paid by the seller).
• Nota simple: Extract from the Land Registry showing ownership and charges.

17) Final word (and a calm cup of tea)

The contrato de arras is not meant to scare you — it’s there to keep the path to your new home tidy, fair and predictable. Choose the right type, write clear dates and consequences, add any financing condition you need, and keep communications formal. With a good lawyer and a sensible seller, it’s smooth sailing to the notary.

⚖️ Disclaimer

This article is for informational purposes only and does not constitute legal advice.
Property laws and tax rules can vary depending on your location and personal circumstances.
Before signing any contract — especially a contrato de arras — always consult a qualified lawyer (abogado) or a certified property professional in Spain.

The post Contrato de Arras in Spain: What Every Buyer Should Know first appeared on Adeje.com.

Two Common Situations

1. Someone breaks into an empty property (holiday homes, second residences, apartments left vacant).
2. Tenants who stop paying rent or refuse to move out when their lease ends.

The legal routes differ, but the foundation is the same: good prevention and quick, lawful action.

A. Keeping Empty Homes Safe

• Invest in a proper alarm system – ideally certified and connected to a control centre, with photo or video verification. It deters most intruders and gives the police grounds to act immediately.
• Upgrade your doors and locks – a reinforced door and an anti-bumping cylinder are basic in Spain. Window sensors are a plus, especially for ground-floor or terrace access.
• Make the place look “lived in” – timers for lights, blinds adjusted now and then, and someone collecting the post.
• Neighbours are your first line of defence – whether you live in a building or an urbanisation, keep a WhatsApp group or a contact person you trust.
• Keep documents ready – title deed, utility bills, and insurance policy should be easy to grab. If police are called, proof of ownership matters.

B. Renting Without Headaches

• Choose tenants carefully – ask for proof of income, work contracts, and references. Being “friendly” doesn’t mean financially reliable.
• Have a solid rental contract – up-to-date, with clauses on penalties, no subletting, a full photo inventory, and meter readings at handover.
• Rent default insurance (seguro de impago) – in Spain, it’s common and surprisingly affordable. It covers unpaid rent and usually includes legal assistance. Remember: tenants are screened before you sign.
• Request fair guarantees – one month’s deposit (fianza) is the legal minimum; a small extra guarantee can be added if justified.
• Only accept traceable payments – bank transfers, never cash in envelopes. And keys? Only after the contract is signed and the first payment is cleared.

C. If Something Goes Wrong

• Don’t try to handle it yourself – changing locks or cutting utilities may feel tempting but can land you in legal trouble.
• Call the police straight away and keep all evidence—alarm alerts, photos, witness accounts.
• With non-paying tenants – send an official notice (ideally through a lawyer) and follow the eviction steps required by Spanish law.
• Anti-okupa companies – exist, but choose wisely. Only work with firms that have contracts, good reputations, and transparency.
• Get professional help – a lawyer or property administrator in Tenerife can guide you depending on your exact situation.

Myths You Can Ignore

• “If they change the lock, you’re finished.” – Not true. Ownership rights remain, but you must act correctly and quickly.
• “Alarms are just cosmetic.” – Wrong. They deter intruders, provide evidence, and allow police to intervene.
• “Insurance is too expensive.” – Usually it costs less than a single lost rent payment.

Quick Prevention Checklist

1. Certified alarm with photo/video + reinforced door.
2. Trusted neighbour + WhatsApp group + post collected.
3. Strong rental contract + photo inventory + bank transfers.
4. Rent default insurance approved before signing.
5. Documents ready + lawyer/administrator on call.

Final Word

Owning property in Tenerife shouldn’t mean living in fear of okupas. The reality is simple: discipline, prevention, and a bit of paperwork will keep you safe. Forget the horror stories you read online—those sell clicks, not peace of mind.

With alarms, proper locks, clean contracts, and professional backup, you can enjoy your home in Adeje the way it’s meant to be enjoyed: stress-free.

Disclaimer: Laws and procedures may vary, and updates happen. Always double-check with a local lawyer or property specialist before taking action.

The post Okupas in Tenerife: Practical Tips for Peace of Mind first appeared on Adeje.com.

This document is the legal foundation of property ownership in Spain — and in Tenerife, there are a few local details you shouldn’t miss. Let’s walk through the process step by step.

1. The Preliminary Contract (Contrato de Arras)

Think of this as a handshake that comes with a receipt. The contrato de arras is a private agreement between buyer and seller, normally involving a 5–10% deposit.

• If the buyer walks away, the deposit is lost.
• If the seller changes their mind, they must return double the amount.

In Tenerife, most estate agents will insist on this step to lock in the deal. It also gives you time to sort out financing or legal checks before the big notary day.

👉 Local tip: In Adeje, deposits are usually transferred via a lawyer’s client account, not in cash — safer for everyone involved.

2. The Final Notarised Contract (Escritura Pública)

Here’s the official moment. In Spain, and therefore in Tenerife, the property only becomes yours once the escritura pública is signed in front of a notario (notary).

The notary is impartial. Their job is to:

• Verify that the seller really owns the property
• Confirm that there are no outstanding mortgages, debts, or charges (cargas)
• Check the legality of the transaction under Spanish law

Once you’ve signed, congratulations — you are now the legal owner. In Adeje, notary offices are located in nearby towns too (Arona, Santa Cruz) if local schedules are busy.

👉 Local tip: Notary appointments in South Tenerife can get booked up, especially in peak tourist months. Your lawyer should book well in advance.

3. What Must Be in the Contract

The contract (escritura) in Tenerife includes all the same details as anywhere in Spain — but you’ll often see extra emphasis on community rules if you’re buying in a resort complex. It should cover:

• Identification of parties (names, NIE or DNI, marital status)
• Property description (address, size, cadastral reference)
• Price and payment method
• Key handover date
• Who pays what (buyer vs. seller costs)
• Penalties for failing obligations

👉 Local tip: In the Canary Islands, the buyer usually pays most of the purchase costs (taxes, notary, registry). The seller covers the plusvalía municipal tax (a local tax on land value increase), but make sure this is clarified in writing.

4. Essential Checks Before Signing (Verificaciones Preliminares)

Tenerife has its quirks, so don’t skip these checks:

• Nota Simple – property registry extract showing debts, mortgages, or disputes
• Certificado de eficiencia energética – mandatory energy certificate
• IBI (Impuesto sobre Bienes Inmuebles) – check the seller has paid this annual council tax in Adeje
• Community fees – for apartments or villas in complexes, make sure payments are up to date
• Water & electricity bills – unpaid utilities can cause headaches when switching contracts
• Licencias – if the property has extensions, check they are legal with the Ayuntamiento de Adeje

👉 Local tip: Some older properties in Adeje may not have a valid cédula de habitabilidad (occupancy certificate). While it isn’t always enforced here, it can cause problems with mortgages or tourist rental licensing.

5. Registration at the Property Registry (Registro de la Propiedad)

Once the notary signing is done, the property still needs to be registered at the Registro de la Propiedad. For Adeje, this is usually done at the Arona registry office.

Registration ensures your ownership is publicly recognised and protects you against third-party claims. Without it, you may “own” the property, but not with the full legal shield you need.

6. Taxes and Costs

Here’s where the Canary Islands differ from mainland Spain. Instead of the standard transfer tax, in Tenerife you’ll pay:

• ITP (Impuesto de Transmisiones Patrimoniales): 6.5% of the purchase price for resale properties
• IGIC (Impuesto General Indirecto Canario): 7% if buying a new build directly from a developer
• Notary and registry fees: usually between €1,000–€2,000 depending on the price of the property
• Legal fees: around 1% of the property price, if you hire a lawyer (highly recommended)

👉 Local tip: In Adeje, lawyers often bundle legal checks, notary coordination, and registration into one service — worth every euro for peace of mind.

Smarty Tips

1. Get your NIE early – The Número de Identidad de Extranjero is essential for property purchases. You can apply at the Comisaría de Policía Nacional in Playa de las Américas (Arona), just 15 minutes from Adeje. Appointments can take weeks, so book early.
2. Plusvalía surprise – The Impuesto sobre el Incremento del Valor de los Terrenos de Naturaleza Urbana (plusvalía municipal) is paid by the seller, but double-check with the Ayuntamiento de Adeje that it’s settled, otherwise it may become your headache later.
3. Tourist rental rules – If you’re planning to rent out your new Adeje property short-term, check zoning rules with the Ayuntamiento. Some complexes prohibit holiday lets, and Tenerife has been tightening regulations.
4. Banking in the Canaries – When transferring large sums, open a local bank account early. Spanish banks are strict with money laundering rules, and using a Canary Islands branch helps smooth out the payment process.
5. Don’t DIY the translation – If you don’t speak Spanish, request a sworn translator (traductor jurado) for the notary day. Some notaries in South Tenerife provide one, but you’re legally responsible for understanding what you sign.

Final Thoughts

Buying a property in Tenerife, especially in sunny Adeje, isn’t as daunting as it may seem — but it does require patience, paperwork, and a good lawyer. From the contrato de arras to the notary signing, every step exists to protect you.

✅ Always use an independent lawyer (not just the seller’s agent).
✅ Double-check taxes and community fees.
✅ Don’t underestimate the time needed for notary appointments in South Tenerife.

At the end of it all, the escritura de compraventa isn’t just another Spanish form. It’s your golden ticket to waking up every morning with the Atlantic Ocean in view.

So yes, there’s paperwork. Yes, there are fees. But once you’ve got those keys in hand in Costa Adeje, trust us — the sangría tastes even sweeter.

The post Buying a Home in Tenerife: What You Really Need to Know About the Escritura de Compraventa first appeared on Adeje.com.

What is a licencia de obra menor?

A licencia de obra menor (minor works licence) is an official permit issued by the Ayuntamiento de Adeje for small-scale renovations. Think of it as the town hall’s way of saying: “Yes, you can change that bathroom floor without causing chaos for your neighbours.”

It covers works that do not alter the main structure of the building and don’t change the external look of the property. No heavy machinery, no demolishing load-bearing walls, and no drastic façade makeovers.

👉 Typical examples include:

• Replacing tiles, floors, or ceilings.
• Upgrading plumbing or electrical systems.
• Painting interiors or exteriors (depending on the area).
• Installing new doors or windows that don’t alter the façade.
• Non-structural partition changes inside the property.

Other terms you may encounter

When dealing with Spanish paperwork, expect a few extra keywords:

• Licencia de obra mayor – for big renovations like extensions, major façade changes, or anything involving structural elements.
• Declaración responsable – a simplified declaration some municipalities use for very small jobs (in Adeje it’s less common, but worth asking).
• Tasa municipal de obras – the municipal fee you pay when applying.
• ICIO (Impuesto sobre Construcciones, Instalaciones y Obras) – a tax applied to construction works, usually between 2–6% of your project’s budget.

(For official info check the Gobierno de Canarias or consult the Colegio Oficial de Arquitectos de Tenerife.)

How to apply in Adeje

The Ayuntamiento de Adeje handles all applications. The process usually looks like this:

1. Prepare your paperwork – description of the works, plans (if needed), budget, and ID/NIE. (Need help with documents? See our guide on NIE in Adeje – Do You Really Need It?)
2. Submit your application – either online via the Ayuntamiento’s sede electrónica (electronic office) or in person at the Citizen Services Office (Oficina de Atención al Ciudadano).
3. Pay the fees – generally between €20–€50 for minor works, plus the ICIO tax based on the cost of your project.
4. Wait for approval – in some cases a few days, in others a couple of weeks. The Ayuntamiento may send an inspector to verify that your works fall into the “minor” category.

A quick warning

Each municipality in Spain interprets the rules differently. For example, in Barcelona, changing exterior windows counts as obra mayor, while in Adeje it may be treated as obra menor if the size and look remain the same.

If you’re planning bigger projects like extensions, check our guide: Buying a Home in Adeje: What You Should Know– it also covers how renovations impact property value.

Skipping this step could result in fines or — worse — being told to undo the work you’ve just paid for. Not the kind of renovation surprise you want.

Final tip

If your project seems small, ask anyway. Ayuntamiento staff in Adeje can quickly confirm if you need a licencia de obra menor, a bigger permit, or just a simple declaración responsable.

👉 For newcomers, don’t miss our guide: Moving to Costa Adeje – Residency Tips & Tricks

The post Minor Works Licence in Adeje: What You Need to Know Before Renovating first appeared on Adeje.com.