Revised on 20 October 2026. This guide is for information purposes and does not replace examination of the asset or legal advice. If you find an error, please write to me.
Selling a work to a foreign buyer, sending it to a fair or lending it for an exhibition may require authorisation before it leaves Spain. Two controls must be distinguished: the Spanish one, which protects the Spanish Historical Heritage, and the European one, applicable to certain departures from the customs territory of the Union. They may coincide.
1. When Spanish authorisation is required
Law 16/1985 requires express and prior authorisation to export:
- Assets over one hundred years old that form part of the Spanish Historical Heritage.
- Assets registered in the General Inventory of Movable Property, regardless of their age.
The permanent export of an Asset of Cultural Interest is prohibited, except for the exchange between States provided for by law. Another asset may also be declared provisionally non-exportable while its protection is being processed. Autonomous communities also maintain their own categories and protection procedures.
The fact that a work is one hundred years old is not enough on its own to describe its entire regime: it must also be considered whether it forms part of the Spanish Historical Heritage and whether it is subject to regional protection. In case of doubt, consult the Ministry of Culture or the competent body of your autonomous community before contracting transport.
2. Temporary and permanent export
Selling a work abroad is not the same as lending it. Temporary authorisation sets a return deadline and may impose conditions regarding conservation, insurance and transport. If the asset does not return within the deadline, the export may become illicit. The loan agreement and the policy must comply with the authorisation.
3. Who processes it and what is provided
The application may be submitted by the owner or by anyone with the capacity to dispose of the asset. The advisory board on the classification, valuation and export of heritage assets (Junta de Calificación, Valoración y Exportación) issues a report and the competent body makes a decision; some autonomous communities intervene through their own bodies.
Prepare, at least:
- Full identification, authorship, title, technique, measurements and date.
- Sufficient photographs, including the reverse and relevant marks.
- Provenance and title of ownership.
- Destination, purpose and duration if the departure is temporary.
- Declared value and supporting documentation.
4. The declared value may operate as an offer of sale
In applications for permanent export, the declared value is considered an irrevocable offer of sale to the State. Acceptance must occur within the legal period and its effect is not equivalent to confiscation: it is an acquisition at the declared price. Declaring an artificially low value may, therefore, harm the owner. It is advisable to document it with comparables and, when the case requires it, with a valuation appropriate to the purpose.
5. If the work leaves the EU customs territory
Regulation (EC) 116/2009 adds a European authorisation for goods included in its Annex I. Each category combines age, nature and, in many cases, an economic threshold. Among the most common thresholds:
| Category | Required age | Economic threshold |
|---|---|---|
| Paintings and pictures executed entirely by hand | Over 50 years old and not belonging to their author | 150.000 € |
| Watercolours, gouaches and pastels | Over 50 years old and not belonging to their author | 30.000 € |
| Mosaics and drawings | Over 50 years old and not belonging to their author | 15.000 € |
| Original engravings, prints, serigraphs and lithographs | Over 50 years old and not belonging to their author | 15.000 € |
| Original sculptures | Over 50 years old and not belonging to their author | 50.000 € |
| Photographs, films and negatives | Over 50 years old and not belonging to their author | 15.000 € |
| Archaeological objects | More than 100 years | No threshold |
| Elements of dismembered monuments | More than 100 years | No threshold |
The table is only a selection. The annex contains more categories and specific rules. If there are several pieces, check whether the threshold applies per object or per collection according to the category.
6. Three cases
- Painting from 1990, unprotected, sold to New York for €200,000. It is not over one hundred years old, nor does it meet the European age requirement of over fifty years. In principle, it does not fall under these permits, without prejudice to other customs formalities.
- Painting from 1900 sold to Switzerland for €200,000. It may require Spanish authorisation and, as it is leaving the customs territory of the Union, European authorisation.
- The same painting moved to France. It may require Spanish authorisation, but not the European export authorisation to a third country.
7. Before closing the operation
Include a condition precedent in the contract linked to obtaining the permits. Do not promise a delivery date until you know the applicable procedure. If the work will return to the Union, keep the export documentation and review the guide on importing cultural goods.
Checklist
- I have checked age, state protection and regional protection.
- I distinguish between temporary and permanent export.
- I have documented ownership, provenance and value.
- I know that the declared value may act as an offer of sale to the State.
- If it leaves the EU, I have reviewed the complete category in the European annex.
- The contract makes the operation conditional on the necessary permits.
- Transport does not begin until they are obtained.