Thousands of people who signed mortgages in Spain before 2019 can still reclaim the mortgage expenses they paid to the bank. In the last few years, Spanish and European courts have nullified the clause that forced consumers to pay all the mortgage setup costs. This has opened the door to recovering charges like notary fees, land registry fees, administration (gestoría) fees, and even appraisal costs – which typically amount to 1%–3% of the loan (around €1,500 on average, and up to €3,000 or more in many cases).
We explain in clear language everything you need to know: which mortgage expenses can be reclaimed, the legal context, the timeframes for claiming, the procedure to follow, plus practical tips and a summary table of typical amounts. Don’t let the bank keep your money – discover how to claim back what is rightfully yours!
Legal Background: Abusive Mortgage Expenses Clause Declared Null
For years, banks in Spain included a clause in mortgage contracts that made the client pay all the mortgage setup costs (notary, land registry, taxes, administration, appraisal, etc.). In 2015, the Spanish Supreme Court put a stop to this by declaring that clause null and void for being abusive. That landmark ruling sparked an initial wave of consumer claims, although at first it wasn’t entirely clear how each expense should be split between bank and borrower.
In subsequent years, case law refined the solution. Supreme Court rulings in 2018, 2019, and 2021 gradually defined which costs the client must pay and which the bank must pay, solidifying the criteria for splitting expenses.
In parallel, the Court of Justice of the European Union (CJEU) weighed in multiple times in support of consumers. For example, in July 2020 the European court reaffirmed that if a mortgage expenses clause is declared abusive, the lender (the bank) must bear those costs, unless a national law provides otherwise. This European intervention forced Spanish legal doctrine to align with EU law to ensure consumer protection.
Finally, in 2019 the Spanish legislator resolved the issue for new mortgages: Law 5/2019 on Real Estate Credit Contracts (Spain’s mortgage law reform) explicitly established a fair split of costs. Since June 2019, for new mortgages the bank must pay the notary, land registry, gestoría (administration), and the stamp duty tax, while the client only pays the appraisal (and any notary copies they request).
What does this mean?
It means only those who signed their mortgage before this law took effect (June 16, 2019) had to shoulder all the expenses and, therefore, they are the ones who can claim those amounts back from the bank.
In other words, if you took out your mortgage in Spain before June 2019 (even if it’s already paid off), you can benefit from legal action to recover what you overpaid. Millions of mortgages signed between 2003 and 2018 fall into this category, so many people are still in time to reclaim their costs. Only very specific cases are excluded – for example, developer subrogation mortgages (when the original loan was held by a property developer and the buyer took it over, rather than signing a new loan directly with the bank).
Which Mortgage Expenses Can Be Reclaimed?
The Spanish Supreme Court, applying consumer protection law, has made it clear that any mortgage formalization expenses that the bank improperly imposed on the client can be reclaimed. In particular, the main mortgage expenses you can claim back today include:
- Notary fees (mortgage deed): These are the notary’s charges for the mortgage deed. Supreme Court jurisprudence has established that in older mortgages this cost should have been split 50/50 between the bank and the client (since both benefit from the notary’s involvement). Therefore, if you paid 100% of the notary bill, you can reclaim approximately half of that amount. (In practice, many judges are indeed ordering about 50% to be refunded.)
- Land Registry fees: This is the cost for registering the mortgage at the Property Registry. It primarily benefits the bank (which registers its security interest on the property), so it’s 100% reclaimable. If you paid the registry fees, the bank should refund you the full amount of that bill.
- Administration (gestoría) fees: This covers the fee of the gestoría or agency that handled all the mortgage paperwork (submission of documents, paying taxes, registry filing, etc.). It was usually an agency imposed by the bank to streamline its own processes, so the courts consider the bank should bear this cost. The client can claim back 100% of the administration/gestoría fees that they paid.
- Appraisal fees: This is the cost of the property valuation carried out so the bank could verify the home’s value before granting the loan. Although current law assigns appraisal costs to the client, in pre-2019 mortgages the appraisal was done at the bank’s request for its own benefit (to ensure the collateral was sufficient). For that reason, it has been recognized that appraisal fees paid by the consumer are also fully recoverable. The bank should have assumed this cost, as it was a necessary step for granting the mortgage.
Note: Other items like the Stamp Duty tax (Impuesto de Actos Jurídicos Documentados, IAJD) are generally not claimable in most older cases, since the tax law in force at the time made the borrower pay that tax. (Only mortgages formalized between November 10, 2018 and June 2019 saw a change in this aspect, when a decree-law forced banks to assume the IAJD.)
However, the four expenses mentioned above (notary, registry, gestoría, appraisal) are widely considered to have been unfairly imposed on the client and are therefore refundable. It’s also possible to reclaim the mortgage opening fee (origination/arrangement fee) if it was not justified, but that is a separate issue that requires proving a lack of transparency or actual service (and not all mortgages had this fee).
How Much Money Could You Get Back?
It depends on the amount of your loan and the rates that were charged at the time, but it’s usually a significant sum. Various sources estimate that a consumer can recover around €1,500 on average per mortgage, and it can reach €3,000 or more for higher loan amounts.
On top of that, you can add legal interest: the bank must pay you interest from the date you paid each expense until the day it refunds you. After many years, those accrued interests can add up to almost as much money as the principal amount reclaimed (an extremely beneficial extra for the client!).
To give an approximate idea, here’s a summary table of reclaimable mortgage expenses with example figures for a typical mortgage:
Reclaimable Mortgage Expense | Approximate Amount (example for €150,000 mortgage) |
Notary (mortgage deed) | ~ €500 (you can reclaim ~€250) |
Land Registry | ~ €300 (you can reclaim €300) |
Administration (gestoría) | ~ €300 (you can reclaim €300) |
Appraisal (valuation) | ~ €250–€300 (you can reclaim €250–€300) |
Total estimated refund | **~ €1,100–€1,150 + interest** |
Note: These figures are indicative and can vary by region and the mortgage amount. For example, larger loans will incur higher notary and registry fees. In many cases, the sum to recover (excluding taxes) usually ranges between €1,000 and €2,000, to which the accumulated legal interest would be added.
Time Limits to Claim: How Long Do I Have to Reclaim My Mortgage Expenses?
A common question is whether you’re still in time to claim a mortgage expenses refund – especially for loans signed many years ago. The good news is yes: you can still file a claim in 2025, 2026 and beyond, even if your mortgage was signed 10, 15, or 20 years ago. The issue of time limits (prescription) has been resolved in favor of consumers, thanks to recent rulings by European and Spanish courts.
Initially, some banks argued that the claim period had expired (prescribed) a certain number of years after the expenses were paid. However, in April 2024 the Court of Justice of the EU (CJEU) ruled that the countdown for the limitation period to reclaim unlawfully charged expenses does not begin until a judge declares the nullity of the mortgage expenses clause.
In other words, the 5-year clock only starts ticking from the date of a final court judgment that nullifies the clause in your case – not from the date you paid the bills.
Since most consumers have not yet brought their case before a judge, in practice there isn’t any deadline ticking down yet. If you’ve never taken legal action, you are still on time. It doesn’t matter if the mortgage is very old or even if you’ve already paid it off: as long as there is no final judgment in your individual case, your right to claim a refund does not expire.
Put another way, there is no fixed cutoff date (“last day”) to start the claim, because the 5-year period only begins once you obtain a favorable court ruling. This has been confirmed by the Spanish Supreme Court in 2024–2025, aligning with the CJEU’s criteria: “Unless the bank proves that the consumer was aware of the abuse earlier, the prescription period begins on the date the judgment declaring the expenses clause null becomes final.” Thanks to this principle, thousands of consumers can still claim expenses from very old mortgages without fear of the bank saying they’re “too late.”
Does This Mean I Can Wait Indefinitely?
It’s not recommended to delay. Even though legally you have plenty of time, it’s better to initiate the claim as soon as possible. Keep in mind that laws can change or jurisprudence can refine certain aspects.
Besides, the sooner you recover your money, the sooner you can enjoy it.
Additionally, if you file an extrajudicial claim with the bank, that act will interrupt any prescription period that might be running (under the Civil Code), giving you even more peace of mind.
In summary: you have time, but don’t leave it for too long. If you believe you’re owed these amounts, begin the reclamation process today.
The mortgage expenses represented a significant outlay for consumers, and thanks to current law and case law, it’s possible to claim that money back. If you signed a mortgage before 2019 and had to pay notary, registry, gestoría, appraisal (or other costs) because the bank made you, don’t let that abuse go uncorrected just because time has passed. More and more consumers are succeeding in getting the bank to refund them between €1,000 and €3,000 on average, thereby righting an unjust situation.
What Should You Do Now?
If you’re wondering how to claim your mortgage costs in Spain, the process is straightforward – but the key is to act promptly. Here’s what you should do now to start your mortgage expenses claim:
- Gather your documentation. Review your mortgage deed and locate all the invoices for the expenses you paid (notary, registry, gestoría, appraisal, etc.).
- File an official claim with the bank. Submit a formal reimbursement request to your bank for these costs. (This is usually done first through an extrajudicial claim directed to the bank’s customer service/legal department.)
- Get professional help if needed. If you feel lost or don’t have time, consult a specialized Spanish mortgage lawyer to handle the process for you.
Having an experienced law firm on your side makes the process smoother and more effective. A firm that specializes in these cases will know how to manage the extrajudicial claim, which legal arguments to use, and how to represent your case in court to ensure success.
Contact our specialized mortgage claims team here to have your case evaluated. In no time, you could be receiving the reimbursement of all those expenses plus interest in your account. Don’t wait any longer – the law is on your side and your wallet will thank you!
