How long do real estate agents have to document their due diligence?

Under Art. 25.1 Ley 10/2010, ten years as a general rule, counted from the end of the business relationship or the completion of the occasional transaction. From 10 July 2027, Art. 77 AMLR lowers the general period to five years across the EU, with a possible official extension of no more than five further years in an individual case.

Three points about the future rule that are easily missed:

1. The extension is not your own decision. Only a competent authority can require it in an individual case — the obliged entity cannot grant it itself.
2. The period runs from three possible starting points: the end of the business relationship, the completion of the occasional transaction, or the refusal of a transaction.
3. There is no general grandfathering for legacy files. A specific transitional rule exists only for court proceedings already pending on 10 July 2027.

How Spain will structure the move from today's ten years to the future five is still open.

Legal basis: Ley 10/2010, Art. 25.1; AMLR (EU 2024/1624), Art. 77

Practical tip: The period does not start at the notary appointment but at the end of the business relationship. Record that date expressly in each file — for mandates that drag on or end without completion, it is the only date from which retention and deletion can later be justified.