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The costs, fees and clauses of your mortgage

With the details from your deed (escritura) and your invoices: which set-up costs the law places on the bank, what allocation the Tribunal Supremo (Supreme Court) applies to deeds before 2019, whether an early repayment fee or a fee for switching to a fixed rate went over the legal cap, and what the law and the courts say about the clauses in your deed. For an individual's mortgage on their home.

BetaSection in testing. The figures come from what you enter and from the law; what depends on a judge is always kept apart.

How do you want to start?

You can upload your deed and your invoices to fill in the details with what is read from them, or type them in yourself. Before anything is reviewed, you confirm each detail and read each clause exactly as it is written.

What the law and the courts say about your mortgage

Which set-up costs the law has placed on the bank since 2019, what depends on a judge, what caps apply to early repayment fees and fees for switching to a fixed rate, and what you must be given before the deed, with the law or ruling each point comes from.

Reviewed on 11 October 2026Sources: Ley 5/2019Who is behind this

From 16-06-2019, the law says so

For deeds from 16-06-2019, Ley 5/2019 allocates the costs of setting up the mortgage: the bank pays the notary fees for the loan deed, the registration and the gestoría (administrative agency); the valuation is paid by whoever takes out the loan, and each copy by whoever requests it (art. 14.1.e). Its rules are mandatory: an agreement with the bank does not change them (art. 3).

Who pays each cost of a deed from 16-06-2019

CostPaid by
Notary (notaría) fees for the loan deedThe bank
Copies of the deedWhoever requests them
Registration of the mortgageThe bank
Gestoría (administrative agency)The bank
Valuation (tasación)Whoever takes out the loan
Tax on the loan (AJD)The bank, since 10-11-2018
Prior notarial record (acta notarial previa)Nobody: it is free of charge

This is a rule of the law and does not depend on a judge: if the invoice for a cost of the loan shows that you paid it, the review gives the figure in the “By law” total. The prior notarial record (acta notarial previa) is free of charge (art. 15.8): if you paid for it, the review counts it separately, as something that should not have been charged.

«El prestamista asumirá el coste de los aranceles notariales de la escritura de préstamo hipotecario y los de las copias los asumirá quien las solicite.»

Source: Ley 5/2019, de contratos de crédito inmobiliario, art. 14.1.e

«Los gastos de inscripción de las garantías en el registro de la propiedad corresponderán al prestamista.»

Source: Ley 5/2019, de contratos de crédito inmobiliario, art. 14.1.e

«Los gastos de tasación del inmueble corresponderán a prestatario y los de gestoría al prestamista.»

Source: Ley 5/2019, de contratos de crédito inmobiliario, art. 14.1.e

Laws and interpretations

The tax on the loan (AJD)

Since 10-11-2018, the stamp duty on documented legal acts (impuesto de actos jurídicos documentados, AJD) on the loan deed is paid by the bank: Real Decreto-ley 17/2018 amended art. 29 of the tax law for deeds from that day. For earlier deeds, this review does not count it. The tax on the purchase of the home is a different one and is not covered here.

«Cuando se trate de escrituras de préstamo con garantía hipotecaria, se considerará sujeto pasivo al prestamista.»

Source: Ley del Impuesto sobre Transmisiones Patrimoniales y Actos Jurídicos Documentados, art. 29

Laws and interpretations

Before 16-06-2019, what the courts have said

For earlier deeds there is no law allocating these costs. When a consumer's deed had a clause placing the costs on them, the Tribunal Supremo (Supreme Court) applies an allocation: the bank's share was half of the notary fees for the loan deed and all of the mortgage registration, the gestoría and the valuation (STS 35/2021 and STS 816/2023). Earlier, in 2020, the Court of Justice of the European Union (CJEU) said that, if a judge annuls that clause, what was paid under it is returned except for what national law, without the clause, places on the consumer (C-224/19). Copies of the deed do not depend on that allocation: the notaries' fee scale (arancel) places payment on whoever requests the service, so each copy is paid by whoever requests it and the bank's copy is the bank's own (Real Decreto 1426/1989, annex II, general rule 6.ª).

This is what the courts have said, not the law: for it to be returned, the bank has to accept it or a judge has to annul the expenses clause. And it applies only to someone who took out the mortgage as a private individual, for their home.

The review applies that allocation invoice by invoice and gives the figure in a total separate from the legal one. According to the Tribunal Supremo, statutory interest (interés legal) from the day of each payment is added to what is returned, by analogy with art. 1896 of the Código Civil (Civil Code) (STS 725/2018); the review also calculates it, only on that allocation: the “By law” total is given without interest.

«La obligación de pago de los derechos corresponderá a los que hubieren requerido la prestación de funciones o los servicios del Notario y, en su caso, a los interesados según las normas sustantivas y fiscales, y si fueren varios, a todos ellos solidariamente.»

Source: Real Decreto 1426/1989, de 17 de noviembre, por el que se aprueba el Arancel de los Notarios, anexo II, norma general 6.ª

What the courts have said, as of 10-10-2026.

Laws and interpretations

The floor clause (cláusula suelo)

A floor clause (cláusula suelo) sets a minimum rate: even if the index falls, the interest does not go below it. From 16-06-2019, the law prohibits that limit in variable-rate mortgages (art. 21.3) and requires that the interest is not negative (art. 21.4).

For earlier deeds, what exists is the courts' interpretation. In 2016 the Court of Justice of the European Union (CJEU) said that, when a judge annuls a floor clause, what is returned cannot be limited to what was paid after their ruling (C-154/15), and in 2020, that a floor clause can be changed by a later agreement if it is accepted freely and on an informed basis, which the judge checks (C-452/18).

Whether your clause was explained clearly is examined by a judge in each case: this review tells you whether it appears in your deed, but does not assess it or calculate what it meant for your instalments.

«En las operaciones con tipo de interés variable no se podrá fijar un límite a la baja del tipo de interés.»

Source: Ley 5/2019, de contratos de crédito inmobiliario, art. 21.3

What the courts have said, as of 10-10-2026.

Laws and interpretations

The IRPH

The IRPH, the mortgage loan reference index (índice de referencia de préstamos hipotecarios), is an official index that some mortgages use to calculate their variable rate instead of the Euríbor.

According to the Court of Justice of the European Union (CJEU), the judge examines case by case whether it was clearly explained how the interest was calculated and what it meant, and takes into account, for example, whether information was given on how the index had evolved (C-125/18 and C-265/22). There are more questions pending before that court. It depends on each case and on a judge: this review does not assess it or calculate any amount.

What the courts have said, as of 19-10-2026.

Laws and interpretations

Fees for early repayment or switching to a fixed rate

From 16-06-2019, with a variable rate the deed may set a compensation for early repayment capped at 0,15 % of the amount repaid in the first 5 years or 0,25 % in the first 3, and none after that (art. 23.5). With a fixed rate, the cap is 2 % in the first 10 years and 1,5 % after that (art. 23.7). In every case, never more than the loss the bank suffers (art. 23.8), which cannot be calculated here.

For switching from variable to fixed, the cap today is 0,05 % of the amount repaid in the first 3 years of the loan; if no capital is repaid nothing can be charged, and once those 3 years have passed, nothing either (art. 23.6). Between 24-11-2022 and 31-12-2024 no compensation could be charged for repaying a variable-rate mortgage early or for switching it to fixed (Real Decreto-ley 19/2022, first additional provision).

For deeds between 09-12-2007 and 15-06-2019, Ley 41/2007 sets a cap of 0,5 % of the amount repaid in the first 5 years and 0,25 % after that (art. 8); with a fixed rate, or if the rate is revised less often than every 12 months, it also allows the interest-rate risk compensation set in the deed (art. 9). The right to switch to a fixed rate under art. 23.6 extends to deeds of any date (first transitional provision, 3, of Ley 5/2019); whether its cap and the 2022 to 2024 window extend to these deeds is not clear: the review gives both calculations and the total counts the lower one. Deeds before 09-12-2007 were governed by another rule, which is not checked here.

Laws and interpretations

What you must be given before the deed

From 16-06-2019, the bank gives you, at least 10 calendar days before the deed, the European Standardised Information Sheet (ficha europea de información normalizada, FEIN), which is a binding offer; the standardised warnings sheet (ficha de advertencias estandarizadas, FiAE); if the rate is variable, a document with the instalments under different scenarios; the draft contract, with all costs itemised, and the allocation of the costs (art. 14.1).

No later than the day before the deed, you go to the notary (notario) of your choice, who advises you on each clause of those sheets and records it in a notarial record (acta). Without that record the deed cannot be executed, and the deed mentions it; the record is free of charge (art. 15).

«El acta donde conste la entrega y asesoramiento imparcial al prestatario no generará coste arancelario alguno.»

Source: Ley 5/2019, de contratos de crédito inmobiliario, art. 15.8

Laws and interpretations

When time limits start to run

According to the Court of Justice of the European Union (CJEU), the time limit for requesting what was paid under an expenses clause may start to run when the ruling annulling it becomes final, unless the bank proves that it could already be known earlier that the clause was not valid (C-561/21). The Tribunal Supremo (Supreme Court) applies this to mortgage costs (STS 857/2024).

This is the court's criterion, not a calculation for your case: this review does not say whether any time limit has passed in your case.

What the courts have said, as of 10-10-2026.

Laws and interpretations

The prior step of art. 439 bis

Since 03-04-2025, before going to court over mortgage clauses, the law regulates a prior step by the consumer with the bank (art. 439 bis of the Ley de Enjuiciamiento Civil, the Civil Procedure Act): the bank makes an itemised calculation, including interest, the period for reaching an agreement is one month at most, and it is free of charge.

The letters on this website are not designed for that step. The link takes you to the text of the law.

Laws and interpretations

Where to find free information

Only official, free channels: this page does not link to law firms or to companies that handle cases.

  • The Banco de España's Bank Customer Portal (Portal del Cliente Bancario), which explains your rights as a customer.
  • The Banco de España's complaints service (Servicio de Reclamaciones).
  • The municipal consumer information offices (OMIC) and the consumer services of your region (comunidad autónoma).

Laws and interpretations

What the review does not look at

  • Whether the clauses in your deed were explained clearly and are valid
  • How much a floor clause or the IRPH meant for your instalments
  • The time limits in your case
  • The costs of novations and subrogations before 2019
  • Insurance linked to the mortgage and what it costs
  • The costs of the purchase: its notary, its registration and its gestoría
  • The taxes on the purchase (ITP or IVA), the plusvalía (municipal capital gains tax) and IRPF (income tax)

Frequently asked questions

Who pays the notary, the registration, the gestoría and the valuation?

If your deed is dated 16-06-2019 or later, the law says so: the bank pays the notary fees for the loan deed, the registration and the gestoría (administrative agency); the valuation is paid by whoever takes out the loan, and each copy by whoever requests it (art. 14.1.e of Ley 5/2019). If it is earlier, there is no law allocating them: what exists is the allocation the Tribunal Supremo (Supreme Court) applies when a consumer's deed placed the costs on them, and for it to be returned the bank has to accept it or a judge has to annul the clause.

What changes if my mortgage is from before 2019?

Ley 5/2019 applies to deeds from 16-06-2019. For earlier ones, the allocation of costs comes from what the courts have said: according to the Tribunal Supremo (Supreme Court), if you were a consumer and your deed placed the costs on you, the bank's share was half of the notary fees and all of the registration, the gestoría and the valuation. The bank has to accept it or a judge has to annul the clause. The review gives the figure for that allocation and, according to the Supreme Court, the statutory interest from the day of each payment. Early repayment fees in deeds from 09-12-2007 have the caps of Ley 41/2007.

Who pays the tax (AJD)?

The stamp duty on documented legal acts (impuesto de actos jurídicos documentados) on the loan deed is paid by the bank for deeds from 10-11-2018 (art. 29 of the tax law, as worded by Real Decreto-ley 17/2018). For earlier deeds, this review does not count it. The tax on the purchase of the home is a different one and is not covered here.

How much can they charge me for early repayment?

It depends on the date of the deed and the type of rate. From 16-06-2019: with a variable rate, at most 0,15 % of the amount repaid in the first 5 years or 0,25 % in the first 3, depending on what the deed says, and nothing after that; with a fixed rate, 2 % in the first 10 years and 1,5 % after that (art. 23 of Ley 5/2019), and never more than the loss the bank suffers. Between 09-12-2007 and 15-06-2019, Ley 41/2007 sets 0,5 % in the first 5 years and 0,25 % after that (art. 8); with a fixed rate, or if the rate is revised less often than every 12 months, it also allows the interest-rate risk compensation set in the deed (art. 9). Between 24-11-2022 and 31-12-2024 nothing could be charged for repaying a variable-rate mortgage early; whether that extends to deeds from before 2019 is not clear.

What is a floor clause?

A clause that sets a minimum rate: even if the index falls, the interest on your mortgage does not go below it. From 16-06-2019, the law prohibits it in variable-rate mortgages (art. 21.3 of Ley 5/2019). For earlier ones, whether it was explained clearly is examined by a judge in each case, according to what the courts have said. This review tells you whether it appears in your deed, but does not assess it or calculate what it meant for your instalments.

What is the IRPH?

The mortgage loan reference index (índice de referencia de préstamos hipotecarios): an official index that some mortgages use to calculate their variable rate instead of the Euríbor. According to the Court of Justice of the European Union (CJEU), the judge examines case by case whether it was clearly explained, and there are more questions pending before that court. This review tells you whether your mortgage uses it, with the date of what is known, but does not assess it or calculate any amount.

What happens to my documents?

If you upload pages of your deed and your invoices, they are sent encrypted to an Amazon Web Services server in Spain, which passes them to an AI model (Claude, by Anthropic, through Amazon Bedrock) within the European Union. The model indicates what each page is and copies only the data the form needs and the text of each clause, so that you can confirm it. A deed contains DNI numbers, addresses, guarantors' details and, if there is a linked life insurance policy, sometimes health data: the model is instructed not to copy people's names, DNI, NIE, addresses, phone numbers, email addresses, accounts or signatures, or anything about health, and the server discards any copied text that still contains a DNI, an account, an email address or a phone number. Nothing is stored. If you prefer not to upload anything, you can type in the details and nothing leaves your device.

What does the 4,99 € pass include?

The pass is valid for any review on the website for 7 days, only in the browser you pay with. Here it is offered only if some cost or fee in your review has a figure: clauses alone do not unlock it. It lets you download the PDF report, with each cost and fee, its calculation and each law and ruling with its status, and, if your review has amounts set by the law, the letter asking the bank to review them. The letter requesting your mortgage documents is free. On another device, in a private window or if you clear your browsing data, the pass is lost.