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

1. Land Registry fees: 100% refundable
2. 50% of notary fees: for the mortgage deed
3. 50% of agency fees
4. 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

1. Document the mortgage deed and payment receipts
2. Extrajudicial claim to the bank's SAC (mandatory pre-step)
3. Complaint to Banco de España if denied
4. Court action: verbal procedure (up to €15,000) or ordinary (over €15,000) at consumer's local court

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