More than 27 years of experience

Spain will establish a law by which the costs in early cancellation of mortgage and real estate loans will be reduced

Spain will establish a law by which the costs in early cancellation of mortgage and real estate loans will be reduced, even if said loans were signed before the law appears. The redaction on this commission will take the form of caps that will be establish according to the years that the loan has remained active.

Currently the Spanish law establishes a cap for this type of commissions of 0,50% during the first five years, and 0,25% after the fifth year.

The new law will set a cap of 0,25% for the first five years (or the amount that entity could suffer due to the cancellation), although the cap for the first three years will still be 0,5%. It will also establish total exemption in terms of early cancellations from the sixth year onwards.

Therefore, taking into account the current legislation and the new law that will appear, the commission rates for early cancellation in Spain will be the following in the future:

  • – 0,50% the first three years of the loan
  • – 0,25% the fourth, fifth and sixth years
  • – 0,00% from the sixth year onwards

In any case, if the client negotiates better conditions with his/her bank, the latter will prevail.

These changes mean an advance regarding the European Guidelines which application due date was last 21st March 2016.

Other interesting changes that this law will bring about are the right to change the reference currency of the loan, regulations regarding advisory functions, and banning cross-selling products that condition mortgage loan (although banks will still be able to offer products which can lower the interest rates paid in their mortgage when they are obtained).

Lastly, there will also be a commission cap for mortgage salesmen, and they will be required to have specific formation from 2019 onwards.

All these changes may mean that client’s welfare is gaining more importance in this type of transactions.

Related entries
Last will and testament document with inheritance tax section visible, fountain pen, and calculator - Spanish inheritance tax guide for non-residents
14 April 2025

Spanish Inheritance Tax Guide

Spanish Inheritance Tax: A Comprehensive Guide for Non-Residents (Especially UK Residents) Inheriting property or assets in Spain can be a complex process, especially for non-residents. This guide provides a clear explanation of Spanish inheritance tax, focusing on the needs of UK residents and other foreign nationals inheriting assets in Spain. We’ll cover everything you need […]

Legal guide to buying a property in Spain - 2 buyers speaking to an estate agent and a lawyer
9 April 2025

Buying Property in Spain: The Ultimate Legal Guide

The Ultimate Legal Guide for British Expats (Murcia, Alicante, Valencia & Almería) Dreaming of a Spanish property? Whether it’s a sun-soaked villa in Murcia, a vibrant apartment in Alicante, a historic home in Valencia, or a coastal escape in Almería, buying property in Spain is achievable. However, understanding Spanish property law is crucial for a […]

Selling property in Spain: Legal advice you need to know
5 March 2025

Selling Property in Spain as a British Expat: A Comprehensive Guide

Everything You Need to Know About the Legal Process of Selling a House in Spain For years, your Spanish property has been your Mediterranean paradise. But life evolves, and perhaps now you’re considering selling your Spanish home. Whether it’s a charming villa in Alicante, a coastal apartment in Almería, or a Murcian townhouse, selling property […]

Beautiful property in Spain higlighting the need to comply with tourist property rental laws
14 February 2025

Tourist Property Rental Laws in Spain: Everything You Need to Know About Letting Your Property

Essential Things You Need to Know if you are renting a property in Murcia or Valencia New Laws: Spain has introduced stricter rules for tourist rentals in Murcia and Valencia, including a new national registry. Compliance is Key: Hefty fines (up to €600,000) and rental bans apply for non-compliance. Licensing: You need a tourist licence […]