Many deeds charged the customer the mortgage set-up costs; the Supreme Court declared that clause unfair where consumers are concerned. If your mortgage predates the Property Credit Act (Ley 5/2019 de crédito inmobiliario) (16 June 2019), you may be able to claim mortgage costs back from the bank.
01
Who can claim
Consumers: those who took out the mortgage for purposes outside their professional activity, even if it has already been paid off and cancelled (if that is your case, also deal with the cancellation of the mortgage at the Land Registry). Businesses and self-employed people who took out a mortgage for their business do not, in principle, have that protection.
02
How to claim back your mortgage costs, step by step
Gather the deed and the invoices from the notary, registry, gestoría and valuation.
Amicable claim to the bank in writing: since April 2025 you have to try to negotiate before filing a court claim.
Court claim if the bank refuses; if you win, the costs are usually awarded against the bank.
The nullity of an unfair term is not subject to any time limit, but getting the money back is (in general, five years, art. 1964 of the Civil Code). According to the TJUE, the period does not run before you could reasonably have known that the term was unfair. Don’t give it up as lost without having it reviewed.
Cost by cost
Mortgage costs you can claim back, one by one
What the courts have established for consumer mortgages before June 2019.
01
Notary
The bill for the loan deed. Copies are paid for by whoever requests them.
How much can be claimed
In general, half of the bill.
02
Registry, gestoría and valuation
Registering the mortgage, the gestoría's invoice and the valuation (loans before the 2019 law).
How much can be claimed
In general, all of it, according to the Supreme Court and the case law after 2020.
03
Stamp duty (AJD)
Actos Jurídicos Documentados. In mortgages before November 2018, the person obliged to pay it was the borrower.
How much can be claimed
It is generally not recovered.
On top of what is recovered, statutory interest is generally added from the date on which you paid.
Don't let it slip
Did you sign your mortgage before 2019?
The time limit for asking for the refund is still being disputed in the courts: the sooner you have it checked, the better. A mortgage lawyer goes through it with you.
When you signed it and which costs you paid: the basics are enough.
02
02A specialist
A mortgage lawyer reviews it
A mortgage law specialist studies your deed and your invoices and contacts you.
03
03No obligation
You decide whether to claim
You'll know what can be claimed, the risks and the fee quote before you decide.
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Tell us when you signed your mortgage: an English-speaking specialist lawyer will review the deed and tell you what can be claimed.
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Frequently asked questions
Questions about claiming back mortgage costs
Which mortgage costs can be claimed back?
In consumer mortgages before June 2019, in general half of the notary's fees and all of the registry, gestoría (administrative agent) and valuation costs. Stamp duty (AJD), as a rule, cannot.
Can I claim the costs if I have already cancelled the mortgage?
Yes, in principle: the fact that it has been paid off does not prevent you from claiming, provided the action is not considered time-barred. If you signed an agreement with the bank waiving your right to claim, it will have to be reviewed.
How much can be recovered in mortgage costs?
It depends on the invoices in each case, plus statutory interest from when they were paid. The first step is to gather the deed and the invoices.
Can the arrangement fee be claimed back?
Following the 2023 Supreme Court ruling, it is generally considered valid. It can only be claimed if it was not explained transparently, and it is worth having a lawyer assess it.
What happens if the bank rejects the amicable claim?
You can file a claim with the court. The prior claim also shows that you tried to negotiate, something the law has required since 2025 before going to court.
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