A practical guide to selling a building in Barcelona in 2025 without family conflicts.

An inheritance is often accompanied by conflict. This is even more so if the inheritance is a building in the city of Barcelona, ​​something that happens almost exclusively in large estates. But if the inheritance is shared, difficulties can arise. Money, memories, and emotions intertwine in a process that can reactivate latent family tensions.

According to data from the Catalan Notary Association, 30,505 inheritances were processed in Catalonia in the first half of 2025. Of these, according to Fotocasa Research, 14% were placed on the real estate market, which is 1% more than the previous year.

Why can selling inherited buildings cause family conflict?

“Financial differences between heirs can lead to opposing positions: some cannot afford the taxes or maintenance costs, while others want to preserve the assets, creating tension between those who need liquidity and those who want to preserve them,” says Natàlia Manzana, architect and mediator at Concilians, a company that resolves complex situations through mediation and conciliation.

These issues can slow down or delay a transaction at a very beneficial time for the sector. According to CBRE data, real estate investment in Barcelona reached a volume exceeding 2.5 billion euros in 2024 (a 30% increase compared to the previous year), and an optimistic close is expected for 2025.

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Notary María Armas explains that, before initiating any procedure or process, it is advisable to divide the building horizontally, which is the subdivision of the property into multiple independent properties, thus facilitating its distribution among heirs.

What happens if one of the heirs does not want to sell?

Renta Corporación , a company specializing in the sale of buildings, explains that if one of the heirs does not want to sell, there are three possible options:

1. Negotiation and amicable agreement: reaching an agreement with the brother who does not want to sell by paying him the corresponding part or directly purchasing his part of the property.
2. Extinction of joint ownership: This is used when several heirs have inherited a property jointly and one or more of them want to keep it, while the others prefer their monetary share. It is formalized in a public deed before a notary and avoids the trial of division of common property, which is slower, more expensive, and contentious.
3. Judicial action for division of common property: If there is no agreement, any heir can go to court and initiate a judicial action for division of common property, so that the judge can order the sale of the building at auction.

The economic and emotional costs of delayed sales

In an inheritance case, time is precious, as the more days, weeks, and months pass without reaching an agreement, the more the problem doesn't disappear; on the contrary, it grows. At this point, the dispute often ends up in the hands of lawyers and the courts, with the stress and expense that this entails.

"These are burdens that fall on heirs who, paradoxically, often can't even enjoy the assets, so the longer it takes to resolve, the greater the personal and financial strain," notes mediation expert Natàlia Manzana.

There are surcharges if the corresponding taxes, Inheritance and Capital Gains, are not paid within a period of six months.

The good news is that there are alternatives. In Catalonia and Spain, Law 15/2009, Law 5/2012, and Organic Law 1/2025 reinforce the use of conciliation and mediation to reduce conflicts, preserve relationships, and avoid lengthy and costly legal proceedings. Notary María Armas estimates a surcharge of between 5% and 20% for failure to pay the corresponding taxes, Inheritance and Capital Gains, within the established six-month period and requiring extensions.

At the time of the sale, a second capital gains tax is payable, which covers the period between the death of the former owner and the sale by their heirs. "That's why it's a good idea to sell quickly, to reduce the financial cost," the notary advises.

Preferential acquisition right of the City Council

In the case of Barcelona, ​​when it comes to buildings, the City Council has a right of first refusal. This legal provision allows the Barcelona City Council to have priority over any third party to purchase properties, under the same economic conditions offered.

Furthermore, as of June 27, 2025, a change has been introduced to the Transfer Tax on Onerous Assets, so that the buyer of a building in Catalonia, whether an individual or legal entity, must now pay a 20% tax, not the 10% that was previously the case.

I WANT TO CONSULT WITH AN EXPERT Key steps to selling a building in Barcelona in 2025

Renta Corporación's building sales experts detail the steps to consider when selling a building:

1. Legal review and registration status

Ownership and joint ownership must be verified, as well as the full identification of the co-owners and their correct registration in the Property Registry. Furthermore, it must be verified that the acceptance and award of the inheritance have been formalized by public deed and properly registered.

Regarding the detection of charges and liens, the specific legal and registry steps in inheritance cases are:

• Formalizing the acceptance of the inheritance before a notary, allocating the assets, and paying the corresponding inheritance tax.
• Granting of a public deed of partition among heirs, detailing how the property is distributed.
• Registration in the Property Registry to update ownership in the name of the heirs or beneficiaries, thus allowing for subsequent transfer.
• The joint ownership may be dissolved if an heir wishes to retain the property. In this case, they must compensate the other co-owners. This procedure offers tax and legal advantages.

2. Mediation and family agreements

The mediator is a neutral and impartial figure who ensures that all parties can express themselves in an orderly and respectful environment. Their task is to reduce tensions, clarify misunderstandings, and ensure that different perspectives are heard without confrontation.

"In general, agreements combine proportional division, financial compensation, and consensus on sentimental assets. In these cases, success is greatest when family relationships are prioritized over financial gain," says expert mediator Natàlia Manzana.

In this regard, hybrid options—such as temporary co-ownership, shared rentals, or phased sales—stand out, as they preserve the value of assets, facilitate equitable distribution, and prevent hasty sales.

Renta Corporación, a leader in the purchase of buildings in the urban centers of Barcelona and Madrid, reviews any offer in less than 24 hours: residential buildings, offices, senior residences, hotels, commercial premises, warehouses, and industrial land.

Renta Corporación, experts in this type of building sale transaction, explain that it is essential to listen to all parties and clarify the legal and financial situation: "We provide clear and objective information on the property's registration, tax, and liens status, as well as the legal options for proceeding, so that all participants have a complete and realistic view," they explain.

If an agreement cannot be reached, Renta Corporación points out that the most common solutions are the voluntary termination of the joint ownership, the joint sale of the property to a third party, and the distribution of the proceeds according to the shares of each heir.

The last resort is the judicial division of the common property, requesting the judge to order the division or auction of the property.

3. Professional appraisal

The appraisal must consider specific factors such as the exact location in the city, the building's state of repair, the possibilities for renovation or refurbishment, and Barcelona real estate market trends for the current year.

It's essential to conduct at least two independent appraisals to establish a target value range and avoid disputes between heirs over the sale price. Manzana points out that "setting the market price of an inherited property can be a challenge, especially when there is distrust regarding the appraisals proposed by either party."

4. Tax aspects

Taxation on the sale of inherited buildings in Barcelona includes several taxes that must be properly planned:

• Inheritance and Gift Tax: In Catalonia, this tax can vary significantly depending on the degree of kinship and the value of the inherited asset.
• Municipal capital gains tax : Barcelona City Council applies this tax to the increase in the value of urban land.
• Income tax: Capital gains from the sale will be taxed on each seller's income tax return, with specific details for inherited assets.

To optimize the tax burden on these transactions in their initial phase, Renta Corporación clarifies the property's tax status to identify potential liabilities and how to settle them with the various authorities.

In the sales phase, they explain that an analysis of the tax implications of the different options must be carried out so that all participants have a complete overview and avoid any overtaxation.

5. Formalization of the sale

Selling a building in Barcelona in 2025 is possible without family conflicts if you follow clear steps, have accurate information, and seek appropriate professional advice.

Expert support ensures that each phase of the process is carried out with legal and fiscal certainty, minimizing risks and maximizing the chances of success.

Do you have a building in Barcelona that you need to sell?

Renta Corporación advises and guides you step by step throughout the entire process. Click here and receive the information you need without obligation.