Buying property in Spain as a foreigner: yes, full ownership. You need an NIE and a notary.

Can foreigners buy property in Spain?

Yes. There is no general nationality or residency restriction on buying urban residential property in Spain. A foreign buyer takes full ownership (pleno dominio) of the unit, recorded in the Property Registry the same way as for a Spanish buyer. What you need first is an NIE, a foreigner identification number.

The one nationality-based rule is old defence legislation, Ley 8/1975, which requires military authorisation for foreigners acquiring property in designated restricted zones. EU nationals have been outside it since 1991. As reported by a Palma notary in 2016, in practice it reaches non-EU buyers of rustic land in those zones, such as parts of the Balearic and Canary islands, and not urban flats or houses. Check with your notary if you are buying rural land. Detail: foreign ownership in Spain, explained.

Is Spain's 100% tax on non-EU buyers law?

No. As of 22 September 2026 it is a bill, not law. The Congreso record shows Proposición de Ley 122/000196 waiting for its first plenary vote, the taking into consideration, where it has sat since 5 September 2025. Nothing in it applies to a purchase today.

A proposed state tax on property purchases by buyers not resident in the EU is not law. It is Article 4 of a bill filed by the Socialist parliamentary group on 22 May 2025 (Proposición de Ley 122/000196). The bill text sets a 100% rate on the greater of the price and the cadastral reference value, with purchases from VAT-registered businesses outside it. As of 22 September 2026 the Congreso record shows it at the taking-into-consideration stage since 5 September 2025, with no plenary vote recorded. It has not passed its first vote. Do not budget it as a cost, and check the Congreso record again before you sign.

How does buying property in Spain work, step by step?

Get an NIE, check the property in the Registry, sign the public deed (escritura pública) before a notary and pay, pay the purchase tax, then register the deed in the Registro de la Propiedad. Registration is what protects you against third parties, and only a public deed can be registered.

1. NIE: apply on form EX-15 with the fee (modelo 790 código 012), in Spain or through a Spanish consulate. Maximum resolution time is 5 days.
2. Checks: the Registry extract (nota simple) shows the registered owner and charges. See the nota simple and the NIE, explained.
3. Deed: signed before a notary. A private contract binds the parties but gives no Registry protection against third parties.
4. Tax: ITP on a resale, or VAT plus stamp duty on a new build.
5. Registration: in the Registro de la Propiedad.

A lawyer is not legally required.

What does it cost to buy property in Spain?

It depends on the region and on whether the home is a resale or a new build. A resale pays regional transfer tax (ITP), for example 7% in Andalucía or 9% in the Comunitat Valenciana. A new build from a developer pays 10% VAT plus regional stamp duty (AJD). Notary and registry fees follow regulated schedules.

ITP is charged on the higher of the agreed price and the Catastro reference value. Full table by region: Spain property buying costs.

What taxes does a foreign owner pay in Spain each year?

Municipal property tax (IBI) on the cadastral value, and non-resident income tax (IRNR) every year. If the home is let, IRNR is due on the rent. If it is empty or for your own use, IRNR is due on imputed income of 1.1% or 2% of the cadastral value. The rate is 19% for EU/EEA residents and 24% for others.

Larger portfolios may also meet wealth tax, with a EUR 700,000 exempt amount that non-residents can use. Detail: Spain property tax for foreigners.

Does buying property in Spain give residency?

No, not any more. Spain's golden visa, which included buying property worth EUR 500,000 or more, was abolished with effect from 3 April 2025. Buying property no longer gives any residence right in Spain. Visas and authorisations already valid on that date keep their validity and can still be renewed under transitional rules.

Applications filed before 3 April 2025 are resolved under the rules in force when filed. Other routes, such as the highly qualified professional or entrepreneur visa, are separate regimes not linked to buying property.

Can a foreigner get a mortgage in Spain?

Yes. Spain's mortgage law, Ley 5/2019, applies by type of loan and borrower, not by residency. The lender must give you the FEIN information sheet at least 10 calendar days before signing, and you attend a notary of your choice for free advice before you sign.

Non-resident mortgages are reported to come at lower loan-to-value ratios than resident ones. Confirm the figure with the lender; no published source was verified for it.

What happens when a foreigner sells property in Spain?

The buyer withholds 3% of the agreed price and pays it to the tax office on Modelo 211 within one month. The non-resident seller then files Modelo 210 on the gain, taxed at 19%, and reclaims any excess. The municipal plusvalía tax on the land value is also due.

No approval is needed to take the proceeds out of Spain. Step by step: selling property in Spain as a foreigner.

Header photo: Gerda Arendt, CC0, via Wikimedia Commons. All credits: image credits.