In short
In Spain, working as a real estate agent (agente inmobiliario) is free at national level: Ley 10/2003, article 3, allows individuals and companies to do it “sin necesidad de estar en posesión de título alguno, ni de pertenencia a ningún colegio oficial”. Registers are a matter for the autonomous communities: on 15 October 2026 we read a compulsory register in Catalonia and in the Valencian Community, a compulsory one set by law but not yet operating in Andalusia, and voluntary ones in the Balearic Islands, Madrid and the Canary Islands. In a residential rental, agency and contract-formalisation costs cannot be passed on to the tenant under the text of LAU article 20.2 in force on that date.
What the law says nationally
The rule is national. Ley 10/2003 says the activities of intermediation in property can be carried out by two kinds of person: members of a professional college of Agentes de la Propiedad Inmobiliaria (API), and anyone else, individual or company, without a title or college membership. The only reservation is consumer-protection rules that a regulation may add. So the absence of an API title does not, on its own, make an agent’s activity unlawful, and we do not state that it does.
Autonomous communities can add requirements, which is why the next section is regional. Do not let one region’s rule pass for the Spanish rule.
The API title
The title API (agente de la propiedad inmobiliaria) is different from the activity. Real Decreto 1294/2007, which approves the statutes of the provincial colleges (COAPI), says in article 2.1 that members in active practice “podrán utilizar en su actividad profesional la denominación de agente de la propiedad inmobiliaria”. Membership (colegiación) requires one of the listed university degrees or the official API title issued by the competent ministry (article 1.1). In short: “API” tells you the person belongs to a college; it is not a condition of working as an agent.
Under article 10 of Ley 2/1974 on professional colleges, each college must keep a public register of its members available through its website. We did not read the website of the national council of the API colleges, so we do not give a search address.
Registers by region
| Region | Register | Nature on the text read |
|---|---|---|
| Catalonia | Registre d’agents immobiliaris de Catalunya | Compulsory. The Generalitat page says it is “público, tiene naturaleza administrativa y es de carácter obligatorio”. |
| Valencian Community | Registro de Agentes de Intermediación Inmobiliaria (RAI), Decreto 98/2022 | Compulsory per article 4.1. A judgment of the regional high court (TSJ) of 17 January 2025 partly annulled the decree; the press release we read says it can be appealed in cassation. We could not establish the outcome or what the ruling means for the register itself. |
| Andalusia | Register of specialised residential real estate agents, Ley 5/2025 | Compulsory by law, entry being “requisito necesario para el ejercicio de la actividad” (article 50.3), but the details are left to a regulation and the law gives up to two years from its entry into force on 24 January 2026 to set the register up. We found no implementing decree. |
| Balearic Islands | Official register of real estate agents | Voluntary (“carácter voluntario”); an agent who is registered must show the number in advertising. |
| Madrid | Registro de Agentes Inmobiliarios | Voluntary, according to the regional government’s page. |
| Canary Islands | Registro de Agentes Inmobiliarios de Canarias, Decreto 11/2022 | Voluntary (article 4.2). |
| Basque Country, Navarre, Murcia, Galicia, others | not established | The Basque housing law provides for a register; we did not find its creating decree. Nothing reliable was read for the others. |
In Catalonia, article 56.4 of Ley 18/2007 adds that a missing registration does not affect the validity of contracts, and article 55.6 bars offering or advertising third parties’ property without a written assignment (nota de encargo) carrying the registration number.
How to check an agent yourself
- Ask the agent for the registration number, or the full company name and address, and the nota de encargo or agency agreement in writing.
- Find the register of the region where the property is. For Catalonia, the Generalitat page above describes a search tool for registered agents; we could not open it during our reading, so use the page itself. For the Valencian Community, the procedure page of the regional government (sede.gva.es) leads to a consultation form by province and municipality; we did not read that site’s terms of use.
- Compare the name on the register with the name on the agreement. If the agent says “API”, ask which college and which membership number, and look in that college’s public member register.
- For a register we could not read, ask the regional housing department.
Payotte holds no register and copies no list. Reuse rules differ: the Generalitat’s legal notice says reuse follows Ley 37/2007, with the source and the date of last update quoted, and prohibits “reproducción, distribución, comunicación pública o transformación” of the portal; we found nothing on incoming links.
What it costs
We found no official scale of agency commissions in the sources we read and give no percentage. For a residential rental, the text of LAU article 20.2 in force on 15 October 2026 says: “Los gastos de gestión inmobiliaria y de formalización del contrato no podrán ser repercutidos al arrendatario, ni directa ni indirectamente, bajo ningún concepto o denominación.” Any other non-essential service can be charged to the tenant only if the tenant requested it expressly in writing after being told it is optional and what it costs.
Caution on the date: this wording comes from Real Decreto-ley 29/2026 of 6 October, in force from 8 October 2026. A decree-law must be validated by Congress, and we could not establish the outcome, so read it as the text in force on 15 October 2026, not as settled law. For sales, commission is agreed between you and the agent; ask for it in writing, with who pays and whether VAT is included.
Ley 12/2023, article 30.2, also says agents’ advertising is subject to general advertising law, with a ban on insufficient, deficient or misleading information; article 31.1.a lets you ask who is acting as intermediary in the operation.
Which professional to consult
A property lawyer can read an agency or reservation agreement before you sign. To estimate taxes on a purchase, use the purchase costs calculator. For a loan, see mortgage lenders.
Frequently asked questions
Do I need an API to buy or sell through an agent in Spain?
No rule we read requires the agent to hold the API title nationally; Ley 10/2003 allows others to practise. Regional registers may apply.
Is the agent register compulsory everywhere?
No. We read compulsory registers in Catalonia and the Valencian Community, one legally compulsory but not yet operating in Andalusia, and voluntary ones in the Balearic Islands, Madrid and the Canary Islands.
Can an agent make me pay a fee when I rent a home?
The LAU article 20.2 text in force on 15 October 2026 bars passing agency and formalisation costs to the tenant, subject to the decree-law validation point above.
What if I cannot find the agent on the register?
Check the region, the spelling and the number. In a voluntary region, absence is not an offence. Ask the agent to explain in writing.
Does Payotte recommend agents in Spain?
No. Payotte gives the rule and where to check. It does not list, rank or select agents.
Sources
- Ley 10/2003 (BOE-A-2003-10185), art. 3 (consulted 15 October 2026)
- Real Decreto 1294/2007, Estatutos de los COAPI (BOE-A-2007-17283) (consulted 15 October 2026)
- Ley 18/2007, Cataluña (BOE-A-2008-3657), arts. 55 and 56 (consulted 15 October 2026)
- Generalitat de Catalunya, Registro de agentes inmobiliarios de Cataluña (consulted 15 October 2026)
- Generalitat de Catalunya, legal notice (consulted 15 October 2026)
- Decreto 98/2022, Comunitat Valenciana (DOGV 16/08/2022) (consulted 15 October 2026)
- Ley 5/2025, de Vivienda de Andalucía (BOE-A-2026-423), arts. 49 to 52 (consulted 15 October 2026)
- Ley 3/2024, Illes Balears (BOE-A-2024-15575), disposición adicional 14.ª (consulted 15 October 2026)
- Comunidad de Madrid, Registro de Agentes Inmobiliarios (consulted 15 October 2026)
- Decreto 11/2022, Canarias (BOC n.º 21, 31/01/2022), art. 4 (consulted 15 October 2026)
- Ley 29/1994 (LAU), art. 20.2, texto consolidado (BOE-A-1994-26003) (consulted 15 October 2026)
- Ley 12/2023 (BOE-A-2023-12203), art. 30.2 (consulted 15 October 2026)