Deposit (arras) and the preliminary contract in Spain: how much you pay, how much you can lose and how to protect yourself (as of October 2026)
Author: Marcin Liszkowski, World Residence. Updated: 20 October 2026.
Short answer. Arras (contrato de arras) is a private, binding preliminary contract that the buyer and the seller sign before the notarial deed. The buyer usually pays about 10% of the price. What happens if someone withdraws depends on the type of arras written into the contract: in the most common version (penitenciales, art. 1454 of the Civil Code) the buyer loses the amount paid, and the seller must return double the amount. That is why, before signing, you need to check which arras were chosen and have the contract reviewed by an independent lawyer.
What the path from offer to notarial deed looks like
| Stage | Typical amount and time | What happens |
|---|---|---|
| Reservation agreement (contrato de reserva) | Usually a few thousand euros, with a reservation period of about 2–4 weeks | The property is taken off the market while the contract is prepared |
| Arras agreement | About 10% of the price (the amount is set by the parties, the law does not impose it) | A binding commitment to buy and sell, with the price and the date of the deed fixed |
| Notarial deed (escritura) | The rest of the price plus taxes and costs | Transfer of ownership, followed by an entry in the land register, usually 30–60 days |
From the first offer to the handover of the keys it usually takes 8–16 weeks. What often takes longest is obtaining the NIE number (usually 4–8 weeks), which is needed before signing a binding contract. In urgent cases it is possible to obtain a temporary NIE number (feel free to contact us).
Three types of arras
| Type | If the buyer withdraws | If the seller withdraws | Free withdrawal |
|---|---|---|---|
| Penitenciales | Loses the amount paid | Returns double the amount | Yes, for the stated price |
| Confirmatorias | The other party may demand performance of the contract or its termination and damages | As on the left | No |
| Penales | A contractual penalty that cannot be “bought out” without an explicit provision | As on the left | Generally no |
The arras most often encountered in the sale of apartments are arras penitenciales. Example: at a price of €300,000, arras of 10% are €30,000. A buyer who withdraws loses €30,000, and a seller who withdraws pays €60,000. Note: the contract should state explicitly that the arras are penitenciales, with a reference to art. 1454 of the Civil Code. An unclear wording may be treated as arras confirmatorias, which are less favourable to a buyer who wants to get out of the transaction.
What to check before you sign the arras
- An extract from the property register (nota simple – the equivalent of the Polish extract from the land and mortgage register): who the owner is and whether there are encumbrances, e.g. a mortgage.
- Arrears to the homeowners’ community and unpaid IBI tax.
- Permits and compliance with the zoning plan (no illegal extensions), as well as the energy certificate and the cédula de habitabilidad where required.
- Whether the person signing has the right to sign.
- Where the funds go. Paying arras is not the same as paying an agency, so establish who receives the payment, in what capacity, and when it is returned.
WARNING!
WORLD RESIDENCE NEVER COLLECTS ANY PAYMENT AS A RESERVATION OR DEPOSIT. PAYMENTS ARE TRANSFERRED DIRECTLY TO THE ACCOUNT OF THE SELLER OR THE LAWYER.
Provisions that protect the buyer
If you are buying with a mortgage, add a clause that the arras are returned to you if the bank refuses. Set a specific date for the notarial deed and a way to extend it in writing. A power of attorney, apostille and legalisation of documents can take several weeks, so start arranging them earlier. See also our articles on the NIE number and on the mortgage for non-residents.
New builds: different security rules
When buying from a developer, payments towards the price, the so-called cantidades entregadas a cuenta, are protected by a separate provision: since 1 January 2016 the developer must secure them with a bank guarantee or insurance (first additional provision of the Building Act, LOE), which covers the return of the payments with statutory interest if construction does not start or is not completed. This obligation applies from the moment the building permit is obtained, and lawyers dispute whether payments made earlier are protected. That is why, before paying for an off-plan property, ask for a copy of the guarantee and have a lawyer check it. The guarantee expires two years after the developer’s failure to perform the contract if the buyer does not demand, within that time, termination of the contract and a refund. See also our article on buying a new-build property in Spain.
FAQ
Are arras the same as a deposit (zadatek) in Poland?
Not always. In Spain the consequences depend on the type of arras written into the contract, not only on the name, so you need to read the exact wording and not assume that it works like a Polish zadatek.
How much are the arras?
The law does not set an amount. In market practice it is usually about 10% of the price and is a matter of negotiation.
Can I get the arras back if the bank refuses a mortgage?
Only if the contract contains a financing-refusal clause. Without it the buyer may lose the amount paid.
Does an arras contract have to be notarial?
No, it is binding in private form, but a notarial deed and an entry in the land register are needed to transfer ownership.
Does the same apply to new builds?
The rules of the contract with a developer are different, and the payments are protected by a bank guarantee or insurance. Always check its content.
Sources
- OCU: Contrato de arras
- Global Law Experts: What is an arras contract in Spain
- Costa Luz Lawyers: Buying Property in Spain as a Non-Resident 2026
- El Derecho: Act 57/1968 and the first additional provision of the LOE
See also: Buying a new-build property in Spain, NIE number in Spain, Mortgage in Spain for non-residents.
We have worked in the real estate sector since 1998. We help buyers in Spain at every stage of the transaction, and we are not paid by the buyer: the buyer pays no commission.
