Selling an off-plan contract before completion
Before the deed is signed you do not own the home, only a contract to buy it. You can usually pass that contract to someone else, but only on the developer's terms, and the tax treatment needs specialist advice. Here is how an assignment works and what to check.
By Investidad advisory team · Last reviewed 16 Oct 2026
What you are selling
Until the title deed is signed, the home belongs to the developer. What you hold is your position in the private purchase contract: the right to buy at the agreed price, and the obligation to pay the rest. Transferring it to a new buyer is a cesión de contrato (assignment of contract).
The new buyer takes over the contract and repays you what you have paid, plus any premium you agree. At completion they sign the deed with the developer and pay the balance.
The developer's consent
Because an assignment transfers obligations as well as rights, under Spanish law it requires the agreement of the other party, here the developer. Most off-plan contracts deal with this in a clause, which may:
- prohibit assignment altogether, or until a certain stage of construction;
- allow it only with the developer's prior written consent;
- charge an assignment fee, often a fixed sum or a percentage of the price;
- restrict marketing of your unit while the developer still has unsold homes.
Read this clause before you sign if you might want to sell before completion. Also agree how the guarantee certificates, which are in your name, will be reissued to the new buyer, and how the payments already made will be recognised.
Tax: what is known and what needs advice
The tax treatment of an assignment is not the same as the sale of a finished home, and it depends on the facts. A tax advisor must confirm it for your case. In general terms:
- For the new buyer: Spanish advisors report that an assignment between private individuals is not subject to IVA and is instead subject to ITP, the regional transfer tax, filed with the regional tax office. The new buyer then pays IVA and AJD on the deed at completion. How the ITP base is calculated should be confirmed.
- For you: any profit on the assignment is likely to be taxed as a gain. Spain taxes non-residents on gains from assets and rights located in Spain, and the IRNR rate on gains from a transfer is 19%. Whether and how this applies to your assignment, and what withholding or filing is required, must be confirmed by a tax advisor.
- Repeated trading of contracts may be treated differently from a one-off sale.
- Your home country may also tax the gain; check with a tax advisor there.
If you buy with an assignment in mind
Buying Off-plan to sell before completion depends on prices rising and on finding a buyer at the right time; it also depends on the developer's consent. If the market turns, you remain bound to complete. See off-plan pros, cons and risks and investing in new builds.
Questions buyers ask
- Can the developer refuse an assignment?
- If the contract prohibits assignment or requires consent, yes. Assignment transfers your obligations too, so the developer's agreement is needed. Negotiate the clause before you sign if flexibility matters to you.
- What happens if I cannot assign and cannot complete?
- You remain bound by the contract. Depending on its terms, failing to complete can cost you the payments made. Speak to your lawyer well before the completion date.
