New Anti-Money Laundering Regulations: Stricter Requirements for Property Purchases

On 28 October 2026, Royal Decree 813/2026 of 7 October, approved by the Ministry of Economy, Trade and Business and published in BOE no. 250, comes into force. The regulation substantially reforms the Regulations of Law 10/2010 on the prevention of money laundering and terrorist financing, tightening due diligence obligations in real estate intermediation and deed execution.

What's Changing

The new regulations remove previous exceptions and introduce much more exhaustive documentary controls before formalising any property transfer:

• Proof of Beneficial Ownership: When the buyer or seller is a legal entity (commercial companies or investment vehicles), it is mandatory to identify, by public document, the individual who holds a direct or indirect shareholding or control of more than 25% of the capital.
• Documentary Traceability of Funds: It is not enough to declare the originating bank account. Reliable proof of the origin of the funds must be provided (continuous bank statements, IRPF tax returns, inheritance deeds, or prior sale contracts).
• End of Exemption for Micro-enterprises: Real estate agencies with fewer than 10 employees and less than €2,000,000 in annual turnover lose their exemption from appointing a representative and are now obliged to designate and communicate an official representative to SEPBLAC (Executive Service of the Commission for the Prevention of Money Laundering and Monetary Infractions).
• Digital Identification and Custody: The official digital version of the DNI is formally accepted alongside the physical document. For remote operations, all documentation must be collected within one month, and the obligation to archive files for a period of 10 years remains.
• Duty to Abstain: If the buyer or seller fails to provide the required documentation before the formal act, the intermediary and the notary are legally obliged not to execute the transaction and to consider reporting an indication to the regulator.

Who is Affected

The reform directly impacts obliged entities in the real estate sector: real estate agencies (API), developers, real estate credit intermediaries, and urban rental agents for rents exceeding €10,000 per month (or €120,000 per year). It also binds buyers and sellers of property, who will have to respond to more detailed documentation requirements.

What It Means if You Own Property in Catalonia

In Vallès and Moianès, where a substantial part of transactions combine personal funds from family savings or previous asset transfers with mortgage financing, the entry into force of the decree will require anticipating procedures to avoid delaying the signing of the deposit contract (arras) or its notarisation.

Let's take an illustrative example: for the purchase of a flat in Granollers or Terrassa with a closing price of €220,000, where the buyer contributes €50,000 from their own savings and €170,000 through a mortgage loan. Until now, proof of the €50,000 was usually limited to a bank balance certificate prior to signing. With the new requirements, the agency and the notary must verify the actual origin of that amount (e.g., accumulated salaries, the redemption of a fund, or a donation settled with the Agència Tributària de Catalunya) prior to the formal handover of the deposit contract (arras).

What To Do Now

To avoid unforeseen delays in the deadlines agreed in a deposit contract (arras) or in the formalisation of the public deed, it is advisable to apply three basic guidelines:

1. Gather Bank Documentation Before Making an Offer: Request ownership certificates and statements from your financial institution that prove the origin of the funds you will use for down payments.
2. Update Corporate Records if Buying with a Company: Verify that the Commercial Registry or the notary holds a reliable declaration of beneficial ownership with the exact percentages of physical shareholders' participation.
3. Verify Documentation with a Professional: Confirm with an administrator or your collegiate real estate agency that the supporting documents meet the technical standards required by SEPBLAC to avoid blocking the transaction.