Guide

From notice to ownership.

Every stage of an auction on the BOE Auction Portal, in order: what happens, which deadlines run and what each term means.

The figures depend on the type of auction. Select yours:

Enforcement proceedings begun before the reform of Organic Law 1/2025. In our data they are the majority of open court auctions: their notice shows a 5 % deposit.

Enforcement begun from 3 April 2025, under the reformed Civil Procedure Act: secret bids, a 20 % deposit and shorter deadlines.

Auctions of the Tax Agency and other administrations collecting debts by administrative enforcement. They follow the tax-collection rules and the terms of each notice, not the Civil Procedure Act.

1Before biddingFind, read and assess 2Taking partRegistration, deposit, bid 3The resultClose, approval, payment 4OwnershipTitle, possession, registry
Phase 1

Before bidding.

This is where the decision is made. Almost all the risk of an auction is managed before you pay the deposit.

1
On BidTerra

Find the property.

Narrow the open auctions down to those that fit your criteria and review each sheet.

  • Filter by province, property type, maximum value, status, source and warning signals.
  • Use the map, satellite or hybrid view: the aerial image shows the surroundings before you read the notice.
  • Each sheet shows the auction value, deposit, encumbrances, calendar and Land Registry (Catastro) data.

Status. "Open" accepts bids today. "Opening soon" does not yet: you can study it in advance.

2
On the Auction Portal

Read the official notice.

What the Portal publishes is what counts. The BidTerra sheet summarises it but does not replace it.

  • From the sheet, the "Ver anuncio oficial" button opens the official notice.
  • The Portal holds the edict with the general and specific conditions, the certificate of ownership and encumbrances from the Land Registry and the property's valuation.
  • The auction value of a property is its valuation minus the encumbrances ranking ahead of the debt being enforced. That is why it can be lower than the appraisal.
By bidding you accept these conditions. Every bidder accepts the title as it stands, or the absence of one, and takes over the prior encumbrances if the property is awarded to them.
3
On the Auction Portal

Assess encumbrances, occupation and viewing.

Three checks that determine the real price of the transaction.

Encumbrances

Encumbrances ranking ahead of the debt being enforced survive: whoever is awarded the property takes them on. Later ones are cancelled after the award.

Occupation

The notice must state, in as much detail as possible, whether the property is occupied or vacant. If occupied, see step 11.

Viewing

During bidding you may ask the court to authorise an inspection; the court asks the occupant, whose consent is required.

Some notices say whether the property can be viewed. If it does not say, do not assume it can.

Other costs. There may be debts attached to the property, such as community fees or property tax (IBI). Consult a professional before bidding.

Phase 2

Taking part.

Registration, deposit and bid. Everything is done electronically on the Auction Portal.

4
On the Auction PortalBefore the close

Register as a user.

The Portal requires complete identification of the bidder. Do not leave it to the last day.

  • Register at subastas.boe.es with a qualified electronic certificate or Cl@ve, an e-mail address and a mobile number.
  • A bank account in your name at a bank collaborating with the Tax Agency. The deposit is paid from it.
  • The following cannot bid, among others: tax-collection staff, appraisers, custodians of the assets and officials involved in the proceedings.
5
On the Auction Portal

Pay the deposit.

It is the guarantee that lets you bid. It is held until the auction ends.

5 %20 %5 %of the auction value
Example with an auction value of €100,000€5,000€20,000€5,000
  • The minimum is €1,000, and the court clerk (Letrado de la Administración de Justicia) may raise or lower the percentage depending on the circumstances of the auction.
  • The notice sets the exact amount; in these proceedings it is usually 5 % of the auction value.
  • For real estate the deposit is 5 % of the auction starting price; for movable goods, 10 %.
  • It is paid electronically through the Portal, by transfer from your account, stating your IBAN.
  • While the auction runs, the amount is unavailable. If you are not the winning bidder, it is returned.

Always check the notice. The deposit shown on the sheet is the one in the official notice and prevails over any figure in this guide.

6
On the Auction Portal20 calendar days

Place your bid.

The auction stays open for twenty calendar days from its opening.

  • The auction does not close until an hour passes without new bids, with a maximum extension of 24 hours over the initial period. While it runs, the Portal shows whether bids exist and how much they are.
  • Bids are secret: during the auction the Portal does not say whether bids exist or their amount. At the end it publishes only the best price offered. There is no extension for last-minute bids.
  • A bidder may bid several times: only the last one before the close counts. The auction cannot end on a Saturday, Sunday or national holiday, between 24 December and 6 January, or in August.
  • Bids higher, equal or lower than the highest are accepted. Each bid receives a time-stamped receipt.
  • In a tie, the earlier bid prevails.
  • You must state whether you bid in your own name or on behalf of a third party. If you do not declare representation, you cannot assign the award to someone else.
  • Reserve bid. When bidding you may agree to keep your deposit after the close. If the best bidder does not pay, the property could be awarded to you in order of your bid.
A bid is a binding offer. If you are the best bidder and do not complete payment in time, you lose the deposit.
Phase 3

The result.

From the close of the auction to approval of the award and payment of the price.

7
At the court and the PortalAt the close

The auction closes.

The Portal certifies the best bid and reports it to whoever runs the auction.

  • The Portal immediately returns the deposits of all bidders, except that of the best bidder and of those who reserved their bid.
  • If you bid on behalf of someone else and are the best bidder, you must prove that representation within three days. If you do not, you lose the deposit.
  • If nobody bid, the auction is void. The law then allows the creditor to ask for the property to be awarded to them, or the attachment to be lifted at the debtor's request.
  • If nobody bid, the attachment is lifted at the debtor's request; the debtor may also propose someone to be awarded the property for at least 50 % of the auction value.
  • The other bidders recover their deposit when the auction ends; those with a reserve bid, once the winning bidder pays.
8
At the courtDay after the close and following days

Approval of the award.

Approval depends on how much the best bid represents of the auction value.

The administration approves the award according to the terms of the notice and notifies the winner.

70 % or moreThe award is approved automatically, by decree, the day after the close.
Under 70 % The debtor has 10 days to present a third party who improves the bid. If not, the creditor may ask for the property within 5 days. Otherwise the award is approved for the best bidder if the bid exceeds 50 % of the appraisal or covers the amount claimed. The debtor has 10 days to present a third party offering at least 60 % of the auction value (or enough to satisfy the creditor). If not, the award is approved if the best bid reaches 50 %, or 40 % when it fully covers the creditor's claim.
Below thatThe court clerk decides, after hearing the parties, according to the circumstances of the case. The decision can be appealed.
What it means for you. A bid below 70 % is not final yet: for a few days someone else can improve it. Until then, do not count on the property.
  • The winner has 15 days from notification to pay the rest of the price.
  • If they do not pay, they lose the deposit and the auction board may award the asset to the next highest bidder with a reserve bid.
9
At the court40 days20 days15 days

Pay the rest of the price.

You have forty days from the close to deposit the difference between what you paid and the full price.You have twenty days from the close to deposit the difference between what you paid and the full price.You have fifteen days from notification of the award to pay the rest of the price.

Your bid (example)€85,000
−
Deposit already paid€5,000€20,000€5,000
=
To pay€80,000€65,000€80,000
  • Payment is made to the court's Deposits and Consignments Account. If the debtor presents a third party who improves the bid, that third party has ten days to pay, and your deposit is returned.
  • If you do not pay on time you lose the deposit, which goes towards the enforcement, and a new auction is called (the auction "fails").
  • If you made a reserve bid, the next bidder may be awarded the property when the first one does not pay.

Use the budget calculator (in Spanish) to estimate the total outlay.

Phase 4

Ownership.

Payment is not the end: you still need the title, possession and the registry.

10
At the court

Award decree and title.

Once the price is paid, the award decree is issued and you receive the document you will present at the Registry.

Once the price is paid, the administration formalises the award in your favour.

  • The certified copy of the award decree (testimonio), issued by the court clerk, is sufficient title to register the property in the Land Registry. A notarial deed is not needed.
  • On your request, a cancellation order is issued for the charge that gave rise to the auction and for later entries and annotations.
  • For real estate you may request a public deed of sale within 5 days, with an additional payment of 5 % of the award price in that same period.
  • The specific notice states the title of acquisition and the later steps.
11
At the courtOne year to apply

Possession and occupants.

Being awarded the property does not mean receiving the keys: handover depends on the property being vacant.

Taking possession and the position of occupants depend on the terms of the notice and the applicable rules.

Vacant property

If you ask, the court puts you in possession.

Occupied property

If the court has already declared that the occupants have no right to stay, eviction is ordered with a fixed day and time.

If not, you may ask for the eviction of occupants in mere fact or without sufficient title within one year of acquiring the property. They are summoned to a hearing within ten days and the court decides by order.

After that year, eviction can only be sought in ordinary proceedings.

Check the occupation signal. The BidTerra sheet warns when the notice mentions occupants. An occupant with a valid title, such as a tenant, may assert their rights.
Consult a lawyer. This guide does not detail the handover of possession in administrative auctions.
12
At the Registry and the Tax Office

Register, pay tax and settle.

Once registered, the acquisition is reflected in the Land Registry.

  • Registry. Present the title (the certified decree, the deed or the document the notice indicates) to register the property in your name.
  • Taxes. The acquisition is taxed depending on the case, for example transfer tax (ITP) or VAT, at rates set by the regions. Consult a tax adviser.
  • Costs. Allow for registration, agent and advisory fees, as well as any prior encumbrances you took on.
  • Utilities and community. Update the contracts and check outstanding debts with the owners' community.
Transaction complete.You are now the holder of the property.

Other sources, other rules.

BidTerra also shows properties that are not sold through this route. Each has its own procedure.

AVRA · Junta de Andalucía

The conditions are in each property's call. The sheet shows no deposit or closing date when the source does not publish them.

INVIED · Defence

Ascending sealed-bid auction. If it is void, successive auctions are held with a lower starting price. The conditions are in the tender document.

Notarial and insolvency

They also appear on the Auction Portal. They have their own rules, stated in each notice.

What each term means.

The expressions you will see in the notice and on the sheet. Spanish terms are in brackets.

Auction value (valor de subasta)

The starting amount of the auction. For real estate it is the valuation minus the encumbrances ranking ahead of the debt being enforced.

Appraisal (tasación)

The property's value according to the valuation report attached to the notice. It may be higher than the auction value.

Amount claimed (cantidad reclamada)

The amount for which enforcement was ordered: principal, interest and an estimate of costs. It is not the price of the property.

Deposit (depósito)

The guarantee paid in order to bid. It is returned if you are not the winner and deducted from the price if you are.

Bid and best bidder (puja, mejor postor)

A bid is an electronic offer. The best bidder is the one offering most at the close. In a tie, the earlier bid prevails.

Bid increment (tramo entre pujas)

The interval the notice sets between one bid and the next.

Reserve bid (reserva de postura)

The option to keep your deposit after the close so you can be awarded the property if the best bidder does not pay.

Award (remate)

The sale of the property to the best bidder. "Approving the award" means validating that sale.

Approval decree (decreto de aprobación del remate)

The court clerk's decision approving the sale to the best bidder and opening the period to pay the rest.

Award decree (decreto de adjudicación)

The decision after payment that awards the property to the buyer.

Certified copy (testimonio)

A copy of the award decree, issued by the court clerk, which serves as title for registration in the Land Registry.

Certificate of ownership and encumbrances

A Land Registry document stating who owns the property and what charges burden it.

Prior and later encumbrances (cargas)

Prior: charges registered before the debt being enforced, which continue after the auction. Later: those registered afterwards, which are cancelled.

Title (titulación)

The documents proving the debtor's ownership. The bidder accepts what exists, or that none exists.

Possession status (situación posesoria)

Whether the property is vacant or occupied, and by whom.

Creditor and debtor (ejecutante, ejecutado)

Creditor: who claims the debt. Debtor: the owner of the property being auctioned.

Court clerk (Letrado de la Administración de Justicia)

The court official who runs the auction and issues the decrees. Formerly called the court secretary.

Deposits and Consignments Account

The court's account into which the rest of the price is paid.

Failed auction (quiebra de la subasta)

When the best bidder does not pay on time: they lose the deposit and a new auction is called, or the property goes to the next bidder with a reserve bid.

Assignment of the award (cesión del remate)

The possibility for the creditor or later creditors to assign to a third party the award they obtain.

Eviction (lanzamiento)

Court-ordered removal of the occupants, on a day and time fixed by the court.

Void auction (subasta desierta)

One that ends without any bid.

Lot (lote)

A set of assets sold together. One auction may have several lots.

Legal basis and scope

This guide is based on the consolidated text of the Civil Procedure Act 1/2000 (articles 641 to 675, as worded before and after the reform of Organic Law 1/2025), the AEBOE resolution on deposits in the Auction Portal and the Tax Agency's information for bidders. It is up to date as of October 2026. It is a translation of the Spanish guide, and the Spanish version prevails.

The 2025 reform applies to enforcement proceedings begun from 3 April 2025; the exact start date of a given procedure may be open to debate. The notice of each auction and the law in force always prevail over this guide, which is for information only and is not legal, tax or financial advice.

Find your next property.

Guide

From notice to ownership.

Every stage of a judicial property sale in Italy, in order: what happens, which deadlines run and what each term means.

1Before offeringFind, read and assess 2Taking partOffer, deposit and deadlines 3The resultBidding round, award and balance 4OwnershipDecree, possession and registration
Phase 1

Before offering.

This is where it is decided. Almost all the risk of a judicial sale is managed before the deposit is paid.

1
On BidTerra

Find the property.

Narrow the open sales to those that fit your criteria and read the sheet of each one.

  • Filter by province, property type, maximum price, status and attention signals.
  • Use the map, satellite or hybrid view: the aerial image shows the surroundings before you read the notice.
  • The sheet shows the base price, minimum offer, minimum raise, deposit, calendar and court.

Status. BidTerra only shows sales in which, according to the Portal’s data, offers can still be made. Concluded sales move to the History section.

2
On the Portale delle Vendite Pubbliche

Read the official notice.

What the Portal publishes is what counts. The BidTerra sheet summarises it but does not replace it.

  • From the sheet, the link to the official page opens the notice on the Portal.
  • The Portal (art. 490 c.p.c.) holds the sale order, the notice and the court expert’s valuation report (perizia).
  • The base price is set by the judge, as a rule on the basis of the expert’s report; it may be reduced in later sales.
Making an offer means accepting the terms of the notice. In a forced sale there is no warranty against defects (art. 2922 of the Italian Civil Code): the property is bought as it stands.
3
On the Portale delle Vendite Pubbliche

Assess availability, charges and viewing.

Three checks that shape the real cost of the deal.

Expert report

It describes the condition, planning and cadastral compliance, and value. Read it in full, ideally with a technician you trust.

Availability

The notice states whether the property is vacant or occupied, by the debtor or by third parties. See step 11.

Viewing

The court-appointed custodian allows viewings under the rules set by the judge (art. 560); they are requested through the Portal.

Other costs. There may be unpaid condominium fees and formalities that remain with the buyer. Consult a professional before offering.

Phase 2

Taking part.

Offer, deposit and deadlines. As a rule everything is done electronically through the Portal.

4
On the Portale delle Vendite PubblicheBefore the deadline

Prepare your offer.

Anyone may offer except the debtor, in person or through a lawyer (art. 571).

  • The offer states the price, the time and manner of payment and any other element useful for assessing it (art. 571).
  • You must state your residence or choose an address in the municipality where the competent court sits.
  • As a rule the offer, the deposit and the final payment are made by the electronic means the notice provides for (art. 569).
  • Some notices provide for other arrangements, such as filing with the delegated professional: the arrangement is stated on the Portal sheet.
5
On the Portale delle Vendite Pubbliche

Pay the deposit.

It guarantees the seriousness of the offer. Without a deposit, the offer is ineffective.

10 %of the price offered, at least
Example with an offer of €80,000€8,000
  • The deposit (cauzione) may not be less than one tenth of the proposed price, in the manner set out in the order (art. 571).
  • An offer more than a quarter below the price set by the order is ineffective: with a base price of €100,000, the minimum offer is €75,000.
  • If you are not the successful bidder, the deposit is returned.

Always check the notice. The deposit and base price stated in the official notice prevail over any figure in this guide.

6
On the Portale delle Vendite Pubbliche90–120 days

Meet the deadline.

The judge sets the deadline for filing offers, between 90 and 120 days (art. 569).

  • An offer filed after the deadline is ineffective (art. 571). Check the exact date and time in the notice.
  • The offer is irrevocable, unless the judge orders an auction (incanto) or 120 days pass from filing without it being accepted (art. 571).
  • What the notice says is what counts: the actual deadline may differ from the general one.
An offer is binding. If you are awarded the property and do not pay the price in time, you lose the deposit.
Phase 3

The result.

From the opening of the offers to the award and payment of the price.

7
At the courtOn the set date

Opening of offers and bidding round.

The judge (or the delegated professional) examines the offers and hears the parties.

  • Offers are opened on the date and at the time stated in the notice, with the bidders present.
  • If there is only one valid offer, the judge decides it under the rules of the next step.
  • If there are several offers, a bidding round is held among the bidders on the highest offer. If nobody takes part, the judge chooses the best one considering price, deposits, form, method and time of payment (art. 573).
8
At the court

Award.

The decision depends on how close the offer is to the base price in the order.

100% or moreThe offer is accepted outright (art. 572).
Between 75% and 100%The judge may proceed with the sale if there is no serious possibility of obtaining a higher price from a new sale and no creditor has applied for allocation (art. 572).
Less than 75%The offer is ineffective: it is not considered (art. 571).
What it means for you. An offer below the base price does not guarantee the award: it depends on the judge’s assessment and on what the creditors request.
9
At the courtUp to 120 days

Pay the balance.

The judge sets the manner and deadline of payment by decree (art. 574); the deadline may not exceed 120 days from the award (art. 569).

Your offer (example)€80,000
−
Deposit already paid€8,000
=
To pay€72,000
  • For justified reasons, payment in instalments may be allowed within no more than twelve months (art. 569). Anyone who obtains possession before the final payment must provide a guarantee of at least 30% of the price (art. 574).
  • You can pay with a mortgage loan if the contract provides for direct payment to the proceedings and the bank obtains a first-ranking mortgage over the same property (art. 585).
  • Within the deadline you must also make the declaration required by anti-money-laundering rules.
  • If the price is not paid in time, the judge declares the successful bidder forfeited, who loses the deposit. A new sale is ordered and, if the proceeds plus the deposit are less than the price offered, the defaulter is liable for the difference (art. 587).
Do not leave it to the end. The deadline is strict: paying late means losing the deposit.
Phase 4

Ownership.

Payment does not end the process: the title, possession and registration are still to come.

10
At the court

The transfer decree.

Once the price is paid, the judge issues the decree that transfers ownership to you.

  • The transfer decree (decreto di trasferimento, art. 586) transfers ownership and is the title for registering it in the property registers.
  • The judge also orders the cancellation of attachments and mortgages, except those securing debts assumed by the buyer. The award alone is not enough: ownership passes with the decree.
11
At the court

Possession and vacating.

Being the successful bidder does not mean receiving the keys: it depends on who occupies the property.

Vacant property or not lived in by the debtor

Vacating can already be ordered with the sale order (art. 560).

Property lived in by the debtor

The order to vacate is issued together with the transfer decree.

It is carried out by the custodian, at no cost to the buyer unless the buyer exempts them. Movable goods left behind must be removed within a period of at least 30 days; afterwards they are considered abandoned.

Check the occupation status. An occupant with a title enforceable against the proceedings, such as a tenant, may assert their rights.
12
Registries and tax

Register, pay tax and regularise.

With registration, the acquisition is recorded in the property registers.

  • Registration. The transfer decree is the title for registering the acquisition and updating the cadastral records.
  • Taxes. The acquisition is subject to tax (registration, mortgage and cadastral) in an amount that depends on the case, for example on first-home reliefs. Consult a tax adviser or a notary.
  • Costs. Allow for fees, registration costs and any charges assumed; unpaid condominium fees may fall on the buyer.
  • Utilities and condominium. Regularise the contracts and check outstanding debts with the owners’ association.
Done.You now own the property.

Other procedures, other rules.

BidTerra shows the judicial sales published on the Portal. Not all of them follow the same pattern.

Unsold sales and price cuts

If no offers arrive, the judge may order a new sale with a base price reduced by up to a quarter; after the fourth attempt, by up to half. The deadline for offers is 60 to 90 days (art. 591). That is why the same property appears at different prices over time.

Insolvency proceedings

Sales in insolvency proceedings (for example judicial liquidation, formerly bankruptcy) follow their own rules, stated in the notice.

Other sale methods

Some notices provide for an auction sale (incanto) or for offers to be filed in non-electronic form. The method is stated on the official Portal sheet.

What each term means.

The expressions you will see in the notice and on the sheet.

Prezzo base (base price)

Starting amount set by the judge in the sale order.

Offerta minima (minimum offer)

Amount below which the offer is ineffective: as a rule 75% of the base price.

Rilancio minimo (minimum raise)

Smallest increase with which one can raise in the bidding round among bidders.

Cauzione (deposit)

Sum paid with the offer, as a rule at least 10% of the price offered.

Ordinanza di vendita (sale order)

The judge’s order setting the terms of the sale.

Perizia (valuation report)

The court expert’s report on the condition, compliance and value of the property.

Esecuzione immobiliare (real-estate enforcement)

Proceedings in which a creditor has the debtor’s property sold.

Pignoramento (attachment)

The act by which the property is bound to the satisfaction of the creditor.

Custode (custodian)

Person appointed by the judge who manages the property, organises viewings and carries out the vacating.

Delegato alla vendita (delegated professional)

Professional (often a lawyer) to whom the judge delegates the sale operations.

Vendita senza incanto (sale without auction)

Sale by sealed offers, without an ascending auction in a room.

Offerta inefficace (ineffective offer)

An offer that is late, has no deposit or is more than a quarter below the base price: it is not considered.

Aggiudicatario (successful bidder)

The person who wins the sale and must pay the price.

Assegnazione (allocation to a creditor)

Order by which the asset passes to the creditor who requested it, instead of being sold.

Decadenza (forfeiture)

Loss of the status of successful bidder, together with the deposit, for failing to pay on time.

Decreto di trasferimento (transfer decree)

Order that transfers ownership to the successful bidder after payment.

Lotto (lot)

A set of assets sold together. One proceeding may have several lots.

Legal basis and scope

This guide is based on the text of the Italian Code of Civil Procedure (Book III, Title II, Chapter IV) consulted on Brocardi.it, a secondary source updated to 20 February 2026; the official text prevails. Its content is current as of October 2026.

The rules may vary depending on when the proceedings began, and the notice of each sale always prevails. The guide is for information only and is not legal, tax or financial advice.

Find your next property.