Spanish mortgage expense claims 2026: what you can recover and how
Updated 2026 guide on Spanish mortgage expense claims: notary, registry, agency, valuation and stamp duty. What the Supreme Court ruled, how to claim out-of-court and applicable limitation periods.
# Spanish Mortgage Expense Claims 2026
The Supreme Court's definitive ruling (January 2019)
Spain's Supreme Court Plenary ruling of 23 January 2019 established the definitive split of mortgage expenses:
| Expense | Who pays per Supreme Court |
|---|---|
| Notary (mortgage deed) | 50% bank / 50% client |
| Land Registry | 100% bank |
| Agency/gestoria | 50% bank / 50% client |
| Valuation | 100% client |
| Stamp duty (AJD) pre-2019 | 100% bank |
What can be claimed in 2026?
Recoverable expenses
- Land Registry fees: 100% refundable
- 50% of notary fees: for the mortgage deed
- 50% of agency fees
- AJD (stamp duty) if the mortgage was signed before January 2019
Not recoverable
- Property valuation (always client's expense per Supreme Court)
Limitation periods
The CJEU ruling in C-485/19 (Profi Credit Slovakia) established that the limitation period cannot start from contract signature, it must start from a reasonable moment when the consumer could know their rights. For most pre-2019 mortgages, claims in 2026 are still viable if the bank hasn't previously denied and there's no prescription.
Claim procedure
- Document the mortgage deed and payment receipts
- Extrajudicial claim to the bank's SAC (mandatory pre-step)
- Complaint to Banco de España if denied
- Court action: summary procedure (< €6,000) or ordinary (> €6,000) at consumer's local court
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