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Taxation

Reclaiming Mortgage Formalisation Costs

For years, banks charged customers costs that were not theirs to pay. If you signed your mortgage some time ago, you may be able to reclaim.

Taxation · Updated October 2026 · 5 min read

✓ Content reviewed by collaborating registered lawyers of the platform. Last updated: October 2026. Based on official sources (BOE, Generalitat de Catalunya, Agència de l'Habitatge, ICAB). See our editorial policy.

Many old mortgages included a clause making the customer pay all the formalisation costs. The courts have declared that imposition unfair and have split the costs.

What can be reclaimed (depending on the case and date)

  • Land Registry: the bank's responsibility.
  • Agency (gestoría): generally the bank's.
  • Notary: usually split 50/50.
  • Valuation: depending on the date, it may be the bank's.

The tax (IAJD) deserves a separate mention: for mortgages before the 2018 legal change the customer paid it and, in general, it is not recovered; since then the bank pays it by law.

Deadlines and how to act

The reclaim deadlines are a technical and changing matter. It is worth reviewing the deed and the invoices as soon as possible. We analyse your case and claim from the bank whatever applies.

Frequently asked questions

We answer your questions


Depending on the date and case, the registry and agency are usually the bank's, the notary is split and the valuation depends on when it was signed. We review your deed to pin it down.

As a general rule, the IAJD on mortgages before 2018 was paid by the customer and is not recovered. Since the legal change the bank pays it. The other costs can be reclaimed depending on the case.

According to case law, you can claim agency, registry and part of the notary costs of older mortgages, and abusive fees. The appraisal and Stamp Duty are treated differently.

Yes. The courts have set limitation periods that you should not let lapse. The sooner you claim, the better; we assess whether your case is in time.

Yes, if your mortgage had a floor clause you can claim its nullity and the refund of what you overpaid, combined with the costs. We review it in your deed.

Did you pay all your mortgage costs yourself?

We review your deed and assess which mortgage costs you can reclaim from the bank.

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