Got an old mortgage in Spain? That upfront bank fee may still be worth checking

Buying in Spain comes with enough surprise costs already. Notary fees, taxes, legal bills, valuations, and then a bank charge simply for opening the mortgage.

If you paid one of those upfront charges on an older Spanish mortgage, it is worth checking your paperwork. Spain’s Supreme Court has confirmed that a mortgage opening fee can be legal, but only when the bank was clear about it before you signed and the amount was not unfair.

For anyone planning a purchase, our Moving to Spain in 2026 guide is a useful starting point for the wider paperwork and financial planning that comes with relocation.

What is a mortgage opening fee?

Called a comisión de apertura, it is a one off fee made by the lender for studying, granting and processing the mortgage.

It was particularly common on older mortgages. A fee of 0.65 per cent on a €200,000 loan would mean paying an extra €1,300 before the moving boxes have even arrived.

When is it allowed?

The Supreme Court recently considered a case involving a mortgage signed in 2005. The borrower paid an opening fee of 0.65 per cent, worth almost €700.

Cinco Días, which obtained the court’s July ruling, reported that the Supreme Court found the charge valid in this particular case. The fee was clearly set out in the mortgage, paid once at the beginning and was within the typical range for similar loans at the time.

For an opening fee to be considered fair, the borrower should have been able to see clearly:

• That it was an opening fee.
• The exact amount, payment method and date it would be collected.
• That it covered the work involved in assessing, granting and processing the mortgage.
• That it was a single charge, with no extra fees for the same work.
• That they had been told about it before signing the contract.

The court noted that similar opening fees at the time generally ranged from 0.25 per cent to 1.5 per cent. However, the percentage is only part of the test. The bank must also have explained the fee clearly before the customer signed.

Could you still challenge yours?

Yes, potentially. The ruling does not give banks a blanket pass, and it does not mean every old opening fee can be reclaimed.

A charge may still be worth challenging where it was hidden in the small print, not explained before the mortgage was signed, duplicated through other charges, or disproportionately high for a comparable loan at that time.

The crucial point is that every case must be examined on its own facts. The Court of Justice of the European Union confirmed that national courts can assess whether mortgage opening fee clauses are unfair. Spain’s Supreme Court has since set out how that assessment should work.

What should you do now?

Find your escritura de préstamo hipotecario and look for comisión de apertura. Note the percentage and euro amount, then gather any mortgage offer, pre contract information and proof of payment you still have.

Spain’s Mortgage Credit Contracts Act strengthened information rules for newer mortgages, but older loans can still be assessed under the consumer protection rules that applied when they were signed.

If the paperwork looks unclear, get independent legal advice before joining a claims firm or signing anything. A fee may have been fair, but it should never have been a nasty surprise.