Deposit for a BOE auction: amount and refund timing

The deposit is one of the first questions when you find a home you are interested in. Asking only “what percentage do I pay?” leaves out half the problem. You also need to know the amount it is calculated from, how long the money may be tied up and what commitment you make by bidding.

This guide helps you prepare that check. If you have not chosen a case yet, start with the auction search and use a notice as your reference. Do not lodge a deposit based only on a calculator or this article’s example: both the required amount and payment channel must match your procedure.

The percentage depends on the procedure. The Civil Procedure Act (LEC) rules below concern judicial auctions, not every sale hosted on the BOE portal. For assets seized by the Spanish Social Security Treasury (TGSS), the Social Security Collection Regulations generally set a 25% deposit; section 120.2 provides for 30% to admit certain bids at the auction event. TGSS sales of its own property must be checked against their call terms. Always use the amount and channel stated in your notice.

What the deposit is for, and what not to confuse it with

The deposit is a participation guarantee under the auction rules. It is not the full home price, a fee to our platform or a payment to reserve a viewing. Give it a separate line in your budget from the price you may offer.

Write down three figures on separate lines: the required deposit, a possible award price and the transaction costs. Mixing them can create opposite mistakes: thinking the guarantee is enough to buy, or adding the deposit twice when it is credited against the price.

The guide to valuation, bids and awards explains why labels matter. An amount claimed from a debtor does not necessarily match the value used to calculate your deposit either. Check the field named in the notice and its conditions.

Is the deposit 5%, 20% or another percentage?

No answer applies to every home auction. For judicial auctions of real estate, the general rule is section 669.1 of the Civil Procedure Act (LEC). After the reform made by Organic Law 1/2025, in force from 3 April 2025, a bidder must lodge 20% of the value assigned under section 666, with a minimum of €1,000 if 20% would be lower. The court clerk may raise or reduce that percentage depending on the auction. For movable property, section 647 now sets 10%, also with a €1,000 minimum.

The date that determines the percentage is the start of the proceeding, not the date of the notice. Transitional provision nine of the organic law says its rules apply exclusively to proceedings started after it took effect. Judicial proceedings started before 3 April 2025 that still reach auction retain the previous wording of section 669: 5% of the asset value, without the €1,000 minimum. The catalogue can therefore include judicial auctions with 5% and 20% deposits at the same time. Do not infer which one applies. The decree and BOE listing state the amount; that is the figure to lodge. If it differs from what you expected, ask the managing authority before paying.

Other procedures may have different terms. TGSS guidance on seized property distinguishes participation methods with different guarantees. Do not transfer one agency’s rule to another. Read more in BOE and Social Security: how to identify each auction.

The practical answer to “how much must I deposit?” should end with a specific figure and a document supporting it. If you only know a percentage from memory, the check is not complete.

Calculate it using the right basis

Suppose a case used €150,000 as the guarantee base and required a €30,000 deposit. That is arithmetically 20%. This example does not determine which rule applies to your auction; it shows the difference between the base and the result.

If you plan to offer €100,000, do not recalculate the deposit yourself as a percentage of your offer. The relevant base is the one set by the case. A discount against valuation shown by an analysis tool does not reduce the guarantee either.

Before paying, also check whether the deposit applies to one lot or a group of assets. Save the exact reference and receipt. If you join several auctions, a note saying only “flat deposit” will not let you reconcile transactions safely.

Arrange the deposit before the last minute

The Spanish Tax Agency recommends arranging deposits in advance because third-party systems are involved in its auctions. Its guidance also points to the BOE portal and collaborating banks. Check account ownership or authorization requirements and any identity checks that apply.

Your pre-bid checklist can be specific: portal access, correct identity, accepted account, sufficient balance, case reference and later confirmation that the transaction went through. If acting for another person or company, check representation separately; multiple authorized users on a bank account do not automatically meet every requirement.

Open the official portal using an address you have verified. Do not pay a guarantee to an account sent in an unverified message. Subastas de Viviendas does not accept deposits and will not ask you to transfer money to reserve a catalogue home.

When it is refunded if you are not awarded the property

Under the situations described in the BOE Auction Portal help, refunds differ depending on whether you reserved your bid. Without a reservation, the refund is tied to the end of bidding. With one, it depends on the award and the authority’s notice that the case is complete. The help page also distinguishes cancellation and suspension. Do not treat the closing time on screen as a promise that the funds will be available in your bank immediately.

For planning, “a refund is due” and “the balance is available” are different states. Keep the receipt, check the transaction, and do not commit the same money elsewhere until you know its status. This matters especially when several auctions you are watching have dates close together.

If information is missing, gather the case reference, deposit reference, date and status shown by the portal. That will help with an enquiry through the indicated channel. Do not share passwords, identification codes or full bank details in our contact form or another unofficial channel.

What it means to reserve a bid

A bid reservation asks that your deposit remain held even if someone else bid higher. Section 652 of the LEC says that, when the auction ends, the portal returns bidders’ deposits except the highest bidder’s, which is held as security and, where applicable, part of the price. If the other bidders request it, their deposits can also be held so that, if the successful bidder does not pay the balance on time, the asset can be awarded to the next bidder in order. The next award is approved only if that bidder’s offer plus the first bidder’s deposit reaches the failed award amount.

According to BOE portal help, the portal asks once whether you want to reserve your bid: with your first bid for that auction or lot. If you reserve and do not win, the deposit is not refunded as soon as bidding closes. It is returned when the managing authority awards the auction and reports that it has ended; the portal cannot give a fixed deadline. In return, you may still become the successful bidder if the person ahead of you fails to complete payment. Outside judicial auctions, the effects depend on that procedure’s rules. Do not treat reservation as an option that is always beneficial.

Ask yourself: “Am I willing to keep my offer under the stated conditions?” and “Can I tie up this money without affecting other obligations?” If either answer depends on selling another asset or receiving uncertain income, include that in your liquidity assessment.

The notes area on each listing can hold a local reminder of what to check. Record the question, but keep the receipt and actual participation settings at the official source. A personal note on our site does not change your bid.

What happens to the deposit if you win

Where the rules apply the guarantee to the price, the remaining amount is calculated by subtracting the deposit from the price due. Verify this in the relevant documents before making a payment. Being the highest bidder does not eliminate later steps.

For a simple example, if the price were €120,000 and the €30,000 deposit from the example above were credited, €90,000 of that price would remain. You still need to budget separately for taxes and other costs. Do not add €120,000 and €30,000 as separate acquisition costs when the deposit is credited against the price.

The budget calculator shows the deposit separately to help distinguish total cost from available liquidity. The calculation does not confirm an award or replace payment instructions. Check who must receive the money, the amount and the deadline.

Can you lose the deposit?

A bid can create obligations, and failing to meet them can affect the deposit as well as have other consequences under the procedure. Do not take part assuming the deposit is an option fee that you can walk away from. Before bidding, find out what happens if you fail to complete payment or meet a requirement.

In particular, do not build your financing plan on the idea that you can ask for more time if a bank is delayed. Write down when each amount is needed and the evidence that it will be available. A mortgage estimate, preliminary valuation and formal approval are different documents.

Nor is the deposit a measure of your maximum risk in the transaction. It may be the first visible payment, but the financial commitment and liabilities need to be assessed against the whole file. If you cannot define those consequences, clarify them before bidding.

Organize deposits for several auctions

If you are following several properties, keep a simple cash-flow log. For each one, record the reference, lot, deposit, payment date, bid status and refund status. Keep separate any funds you cannot devote to a purchase, such as ordinary expenses or essential reserves.

Do not count money that is still held as available just because you expect it back. Do not assume that being outbid ends every consequence in every procedure either. Review simultaneous bids together, not one case at a time in isolation.

Use the comparator to shortlist properties if helpful, but its table is not a bank statement or a register of official deposits. It stores a copy of the information you add; return to the source to verify amounts and status before deciding.

Checklist and quick questions

• Have you identified the authority and auction procedure?
• Do you know the exact guarantee amount and its calculation base?
• Have you verified the official payment channel and account requirements?
• Do you understand what reserving a bid means?
• Can you cover the balance and costs if you are successful?
• Can you save receipts and track refunds?

Is the deposit paid on this website?

No. The participation deposit is handled through the channel stated in the official file. Our alert subscription is separate and is not deducted from the award price or guarantee.

Can I calculate it using only the valuation on a card?

A card helps you explore. To lodge a guarantee, check the exact auction terms. A short valuation summary is not enough to decide the required amount.

Can I use the same money for two auctions?

Do not treat tied-up funds as available. Review each required guarantee and calendar separately. If several procedures overlap, you need to be able to meet the commitments you actually make.

Where should I continue my research?

Read the guide to costs and taxes on an auction home to complete your budget. Then return to the province catalogue with a limit that accounts for both costs and access to your money.