In Barcelona, a viewing can very quickly turn into a conversation around three words: reserva, arras and escritura. They feature in almost every purchase, but they are not three automatic formalities in a single prescribed process.
A reserva is generally used to hold the property for a few days. The arras create a much more serious commitment. Neither is a compulsory step. The escritura, signed before a notary, gives the sale its public legal form and allows it to be entered in the property register.
1. The reserva: buying time without signing blindly
A reserva is common, but it is not a mandatory legal step. In practice, the buyer pays a sum so that the property is taken off the market for a short period.
Its effect depends entirely on the document being signed. Before paying, you therefore need to read what happens if the legal checks uncover a problem, if financing falls through or if either party changes their mind. The amount is not set by law. In general, it is around 1% of the property price.
Our practical rule: “You need to reserve today” may sometimes be true. But urgency never turns a vague document into a good contract.
2. The arras: when the purchase becomes serious
The arras — often translated as a deposit or earnest money — are not simply a receipt. In Catalonia, a sum paid is presumed to constitute arras confirmatorias: it confirms the sale and is credited towards the purchase price.
For the parties to be able to withdraw under the well-known mechanism — the buyer forfeits the sum, while the seller repays double — the contract must expressly provide for arras penitenciales. The familiar 10% payment is common practice, not a legal requirement.
Financing deserves a very clear clause. Article 621-49 of the Civil Code of Catalonia provides, under certain conditions, a right to withdraw when the contract provides for bank financing and the bank refuses the loan. The contract may, however, exclude this protection. Among other things, the buyer must substantiate the refusal within the agreed period, and it must not result from their own negligence.
3. The escritura: signing, paying and receiving the keys
The escritura pública is signed before a notary. This is generally when the balance is paid and the keys are handed over. The public deed provides strong legal certainty and is the document used to register the purchase with the Registro de la Propiedad.
The notary checks the legality of the transaction and its essential legal elements. This does not amount to a technical survey of the apartment. A crack, an inconsistent floor area or unauthorised works require separate checks. The signature secures the sale; it does not replace due diligence.
The essential point: the risk does not lie in the Spanish terminology. It lies in what you agree to sign under those words. A few hours of checking before any payment is often worth far more than several weeks spent negotiating the price.
This content is for information only. The effects of a reserva or an arras agreement always depend on its wording and on the specific circumstances of the purchase.