The worry usually goes like this: you do not want another buyer to get in first, but you do not want to lose €6,000 either if something turns out to be wrong. Both concerns are justified. The amount of €6,000 is just an example here, not a standard.
In Spain, a reservation is called a reserva, contrato de reserva or señal (literally: token or deposit). It is usually followed by the contrato de arras (a private purchase agreement with a deposit) and then the notarial deed.
The honest answer has two parts. Legally, it is the content of the document that determines whether you can pull out, not the title at the top. In practice, you keep the risk small with clear agreements about who holds the money and when you get it back.
01What a reservation in Spain is legally
A reservation in Spain is a deposit to take the home off the market, intended as a preliminary step before the purchase contract. It is usually followed by the arras contract, which sets out the price, deadlines and notary date. At that stage, 10% of the purchase price is the most common deposit, according to idealista.
Two caveats keep this honest. That 10% is a custom, not a legal rule: the law sets no fixed amount and no mandatory percentage, according to the consumer organisation OCU. And the title of the document does not decide what it is legally; its content does. If the text does not clearly state that you may pull out, a Spanish court will treat the amount as an advance payment on the purchase price (Tirant). You are then more firmly committed to the purchase than you thought.
02Three types of arras, three different consequences
Spanish law recognises three types of deposit (arras), and only with arras penitenciales may you pull out at the cost of losing the amount.
With arras penitenciales, either party may withdraw from the sale (artículo 1454 Código Civil). If you pull out after paying a €6,000 deposit, you lose it; if the seller pulls out, they pay you €12,000. With the other two types, pulling out is a breach of contract (Tirant).
| Type | Can you pull out? | Consequence | Legal basis |
|---|---|---|---|
| Penitenciales | Yes, buyer and seller | The buyer loses the amount, the seller pays back double | Art. 1454 Código Civil |
| Confirmatorias | No | Confirms the sale; the other party can demand performance or termination with damages | Art. 1124 Código Civil |
| Penales | No | The amount serves as a pre-agreed penalty for breach of contract | Art. 1152 et seq. Código Civil |
The Tribunal Supremo (Spanish Supreme Court) only accepts arras penitenciales if the parties have recorded this clearly and unambiguously. The word señal is not enough (judgment of 21 June 2013), and nor is a bare reference to article 1454 (judgment of 17 October 2018). Without a clear agreement, the arras count as confirmatorias (Tirant; LegalToday).
In Catalonia this is written into law: under article 621-8 of the Catalan Civil Code, a payment to the seller counts as arras confirmatorias, unless penitenciales have been expressly agreed (El Derecho).
03Who to pay and how to check the estate agent
Pay a reservation into an account belonging to a party named in the agreement, and check the estate agent's registration if their region has a register.
The money can go to the seller, the estate agent or a third party who holds it until the arras contract, such as your lawyer. Set out who holds it and who may release it. If only the estate agent signs, ask for their written authority or the seller's signature: a contract that someone concludes on behalf of another person without authorisation is void unless that person ratifies it (art. 1259 Código Civil, Iberley). The OCU also warns that handing money to an estate agent is not the same as an arras contract with the seller (OCU).
Catalan law also provides for a notarial deposit (depósito notarial). Arras penitenciales for a maximum of six months, deposited with a notary, can be noted in the Land Registry; the home then stands as security for repayment (El Derecho). Outside Catalonia, too, a notary can hold money on deposit, as security for a contract and with agreed conditions for its return; the notary vets the deposit first (art. 216 Reglamento Notarial, Notariado). The note in the Land Registry mentioned above comes from the Catalan code. Ask in advance whether the notary will accept a deposit and what it costs.
Under article 31 of the housing law of 24 May 2023 (Ley 12/2023), before making any payment you may request, among other things, the identity of the seller and the estate agent, the price and the registry details including any encumbrances (BOE; Normatia). Which other documents to request is covered in our blog on documents before an offer.
| Region | Register | Mandatory? | What to check |
|---|---|---|---|
| Catalonia | Registro de Agentes Inmobiliarios de Cataluña (Decreto 12/2010) | Yes, for an office in Catalonia | Public search function; mandatory guarantee of at least €60,000 per office for funds received (Gencat; El Notario) |
| Comunitat Valenciana | Registro de Agentes de Intermediación Inmobiliaria (Decreto 98/2022) | Yes; members of the professional body of estate agents (API) are exempt (GVA) | Registration number; the TSJCV annulled the guarantee requirement (announced January 2025), and an appeal in cassation was possible (Poder Judicial) |
Andalusia introduced a register of estate agents with Ley 5/2025 de Vivienda de Andalucía (16 December 2025) (BOE; Iberley). A registration tells you something about the estate agent, not about the home.
04How to set out when you get your money back
The easiest way to get a reservation back is to have the conditions spelled out in the agreement, so write them down before you pay.
- Link repayment to the legal checks. You get everything back if those checks reveal encumbrances, a missing licence or a tenant; see was that villa built legally. What to check yourself during the viewing is in our viewing checklist.
- Set a deadline for the arras contract. If it is not signed within that period, you get the amount back, unless the delay is down to you.
- Make financing a condition if you need a mortgage; see mortgage condition.
- Name the type of arras. If you want to be able to pull out, write "arras penitenciales" explicitly, along with the consequences.
- Pay by bank transfer to the account stated in the agreement, and keep the proof of payment.
- Have your own lawyer read the document before you pay.
If you are buying a new build from a developer, discuss extras, payments and handover before you reserve (negotiating a new build in Spain), and ask how your deposits are protected (what if the developer goes bankrupt).
Has the estate agent sold the home to someone else after all, despite your reservation? Then read what you can do if the estate agent sells to someone else.
Frequently asked questions
Do I get my reservation back if the seller changes their mind?
With arras penitenciales, the seller pays you back double (art. 1454 Código Civil). With arras confirmatorias, you can demand performance, or termination with damages.
Is the reservation amount deducted from the purchase price?
It is customary for it to come off the purchase price (idealista). Even so, put it in writing in the reservation and in the arras contract.
Do I get my money back if the bank will not give me a mortgage?
Only count on it if you agreed it as a condition. In Catalonia, under article 621-49 of the Catalan Civil Code, the buyer can then withdraw and reclaim the arras, provided the bank and the deadline were set in advance (El Derecho).
The reservation is one of the documents we go through with the buyer's lawyer during a purchase, before any money is transferred. The whole process is set out in the guide Buying a home in Spain. Is there a reservation proposal on the table? Book a no-obligation conversation.
Sources
- Tirant Prime: dossier on arras confirmatorias, penales and penitenciales, with art. 1454 Código Civil and Tribunal Supremo case law (2025)
- LegalToday: restrictive interpretation of arras penitenciales, STS 17 October 2018 (2018)
- El Derecho: notary Enric Brancós on arras in the Catalan Civil Code, art. 621-8 and 621-49 (2021)
- BOE: Ley 12/2023, de 24 de mayo, por el derecho a la vivienda
- Normatia: text of art. 31 Ley 12/2023, 2026 version
- idealista/news: the difference between a contrato de reserva and a contrato de arras (2024)
- Gencat: Registro de Agentes Inmobiliarios de Cataluña, requirements and search function
- El Notario: Decreto 12/2010 (Catalonia), art. 6 guarantee for amounts received
- GVA: frequently asked questions about the Registro de Agentes de Intermediación Inmobiliaria, Decreto 98/2022
- Poder Judicial: TSJCV annuls requirements of the Valencian estate agent register (17 January 2025)
- BOE: Ley 5/2025 de Vivienda de Andalucía (BOE-A-2026-423)
- Iberley: art. 52 Ley 5/2025, de 16 de diciembre, de Vivienda de Andalucía (date and register requirements)
- OCU: contrato de arras, no fixed amount or mandatory percentage (14 July 2026)
- Notariado: actas de depósito ante notario, art. 216 Reglamento Notarial
- Iberley: Código Civil, art. 1259 (contracting on behalf of another person)
Thijs Kranenborg
Thijs Kranenborg, Valencia consultant and co-founder. Thijs guides buyers from abroad on the Costa de Valencia and the Costa Blanca. With a reservation, he first checks who the money goes to and when the buyer gets it back.