As an agent operating internationally in Spain, do I still need to carry out KYC checks?

Yes. An office operating in Spain is subject to Ley 10/2010 regardless of the languages it works in or the nationality of its clients.

Under Art. 2.1(l) of Ley 10/2010, an obliged entity (sujeto obligado) is, in particular, anyone who professionally acts as an agent, broker, or intermediary in real estate purchase and sale transactions. What matters is professional brokerage activity in Spain — not the language it is conducted in, nor where the parties live.

The same core obligations follow as for any other brokerage:

1. Formal identification of both parties — buyer and seller
2. Determining the ultimate beneficial owner when a company is involved
3. Gathering the purpose and nature of the business relationship — the background of the transaction, the economic activity of the parties, and, on a risk-sensitive basis, the intended payment and financing method
4. Sanctions list and PEP screening as two distinct checks resting on different legal bases
5. Ongoing monitoring of the business relationship and the course of the transaction
6. Internal review of unusual circumstances and, where the legal conditions are met, reporting to SEPBLAC
7. Documentation and retention for ten years as a general rule

Legal basis: Ley 10/2010, Art. 2.1(l); Real Decreto 304/2014

Practical tip: A common misconception is that an office working internationally with foreign clients falls outside Spanish law. It does not survive scrutiny — and it rarely travels alone: right beside it sits the assumption that the check is the notary's job anyway.