Foreign nationals can buy property in Spain, but the documents, financing, tax position and checks required depend on the buyer and the property. Buying a property does not by itself give you a right to live in Spain.
This guide explains the usual stages of a purchase. The precise process and costs vary, so use an independent Spanish lawyer and qualified tax adviser before signing a contract or transferring money.
General information only. This guide is not legal, tax, mortgage or financial advice. Requirements and tax rates can change, and each purchase must be checked individually.
Can foreigners buy property in Spain?
Foreign buyers can purchase Spanish property. Nationality and residence status can affect which documents you are asked for, what financing is available to you and how the transaction is treated for tax. Certain properties and locations, for example rural land, coastal plots or protected and military-affected zones, may require additional checks.
Ownership of property and permission to reside in Spain are separate matters. A purchase is not a residence route: official Spanish information states that investor visas were abolished from 3 April 2025. If you intend to live in Spain, read the official Spanish government information on obtaining residence and take specialist immigration advice.
Step 1: Define the brief, budget and funding
Before viewing anything, write down:
- The intended use of the property, for example a main home, a second home or a rental.
- Preferred locations, and how flexible you are between them.
- Essential requirements, and where you are willing to compromise.
- The funds you have available and where they are held.
- Whether finance is required.
- An allowance for purchasing costs, based on personalised legal and tax advice for your transaction rather than a blanket percentage.
Purchase costs differ by property type, region, tax treatment and whether a mortgage is involved, so ask your lawyer and tax adviser to estimate them for the specific property you are considering.
Step 2: Obtain the appropriate identification
The NIE (Número de Identificación de Extranjero) is the personal foreigner identification number used in Spanish administrative and economic procedures. It is not a residence permit, and holding one does not establish tax residency.
Applications may be made through the routes described by the Spanish authorities, including applications made in Spain, through an authorised representative or through the relevant Spanish consulate. Requirements include the official application form and the supporting documents listed by the authorities. Availability, appointment systems and any applicable fee should be checked directly with the official source at the time you apply.
Source: Spanish Ministry of the Interior, documentation for foreign nationals. Our practical NIE guide covers the paperwork in more detail.
Step 3: Choose independent professional advisers
Appoint a Spanish lawyer (abogado) who represents your interests as the buyer. Choose your adviser independently, verify their professional registration and ask them to confirm any potential conflict of interest before you instruct them. A recommendation from an agent is not automatically a conflict, but you should still make the choice yourself and ask the question.
Depending on the transaction you may also need a tax adviser, a mortgage adviser, a surveyor or a technical specialist. Find Marbella can point buyers towards independent professionals, but it does not provide legal advice, does not perform conveyancing, does not give tax or mortgage advice, and receives no authority to sign legal documents on your behalf unless a completely separate, valid legal arrangement exists.
Step 4: Search, view and make an offer
When you make an offer, set out the terms in writing. An offer should normally state:
- The price offered.
- Fixtures, fittings or furniture included in the price.
- The timescale you intend to work to.
- Finance conditions, where relevant.
- Due-diligence conditions.
- Any condition relating to licences, planning or documentation.
An accepted offer is not a substitute for legal review. Nothing in the offer stage replaces the checks your lawyer carries out before you commit money.
Step 5: Complete legal and property checks
Depending on the transaction, your lawyer may need to check the following. A nota simple on its own does not complete due diligence.
The Colegio de Registradores guides for foreign buyers explain Land Registry information and what registration provides.
Step 6: Reservation agreements and private contracts
Reservation agreements and deposits are not standardised in Spain. The amount, the refund conditions and the legal consequences depend on the written agreement you sign. Do not transfer money or sign a document before your lawyer has reviewed it, and have finance, legal checks and any other necessary conditions written into the agreement where appropriate.
Some transactions use a private arras agreement. Arras can take different legal forms with different consequences. Article 1454 of the Spanish Civil Code describes the consequences of penitential arras, but the double-repayment rule should not be treated as applying automatically to every deposit or private contract. The Notariado explanation of arras sets out when such a contract is and is not required.
Step 7: Arrange finance, if required
Mortgage availability and terms are lender-specific and buyer-specific. Obtain a personalised assessment before making an unconditional commitment rather than relying on general figures.
- The lender assesses affordability and normally requires a valuation of the property.
- For applicable Spanish residential mortgage agreements, the lender provides personalised pre-contractual information through the FEIN before you commit.
- A mortgage approval is separate from legal approval of the property.
- Obtain independent mortgage and legal advice on the terms offered.
Sources: Banco de España on arranging a mortgage and the costs associated with a mortgage.
Step 8: Sign the public deed before the notary
The purchase is recorded in a public deed (escritura pública de compraventa) signed before a Spanish notary. The notary is an impartial public official who verifies and records important aspects of the transaction. That role does not replace your independent lawyer or any technical checks on the property.
Payment arrangements for completion must be agreed and checked in advance with your lawyer and your bank. See the official Notariado information on buying a home.
Step 9: Taxes and registration
Resale property in Andalucía
- Resale purchases are generally subject to transfer tax, known as TPO or ITP.
- The current general Andalucía rate is 7%.
- Reduced and special rates exist, so 7% is not the correct rate for every buyer or purchase.
- The taxable base and the final calculation must be confirmed for the individual transaction.
New-build property
- A first transfer from a developer is generally subject to VAT.
- Qualifying residential purchases commonly carry 10% VAT.
- AJD (stamp duty on the public deed) may also apply; confirm the applicable rate against the current official Andalucía source.
- Protected housing and other cases may be treated differently.
After completion, the deed, the applicable taxes and registration at the Land Registry must be handled correctly and within the deadlines that apply to your transaction. Ask your lawyer to confirm those deadlines rather than assuming a fixed registration period.
Sources: Junta de Andalucía, taxes when buying a home and the general TPO rate.
How long does buying property in Spain take?
There is no single standard completion period. The timescale depends on documentation, legal checks, financing, the seller, the property type and the terms agreed in the contract. New-build and off-plan purchases follow a different schedule from completed resale properties.
Brief, search and offer
Legal checks and private contract
Notary, taxes and registration
Ongoing ownership and tax matters
Owning a Spanish property usually involves ongoing obligations, which may include:
- Local property tax.
- Community fees where the property belongs to a community of owners.
- Insurance.
- Utilities and their standing charges.
- Non-resident or resident tax reporting, depending on your circumstances.
- Rental and licensing requirements if you intend to let the property.
Administrative residence and tax residence are different concepts, and one does not determine the other. Obtain personalised advice from a qualified tax adviser rather than calculating your liability from general guidance. Our guide to building a personal cost-of-living budget for Marbella covers which ongoing costs to verify before you commit.
How Find Marbella helps
Find Marbella is a buyer-side property search service for Marbella and the Costa del Sol. You send us one written brief with your preferred areas, budget, timeline and priorities.
We ask the estate agencies and developers we work with what is currently available and compare relevant options. Some properties may be shared privately before public advertising, but privately shared availability is not guaranteed.
We return relevant options or honest market feedback within 24 hours. If you want to view or discuss a property, we introduce you to the estate agency holding it only after you agree.
The service is free for buyers. If a purchase completes after an introduction, the estate agency holding the property pays Find Marbella a referral fee from its commission. You can read more about how the search works or about the people behind the service.
Find Marbella does not provide legal, tax, mortgage, financial or investment advice. Buyers should appoint their own qualified advisers.
Frequently asked questions
Can a foreigner buy property in Spain?
Foreign nationals can buy property in Spain. Nationality and residence status can affect the documentation, financing and tax treatment that apply to a purchase, and some properties or locations require additional checks, so confirm your own position with a Spanish lawyer.
Do I need a NIE to buy property?
The NIE is the personal foreigner identification number used in Spanish administrative and economic procedures, and buyers are normally asked for one during a purchase. It is not a residence permit and it does not establish tax residency. Applications follow the routes described by the Spanish authorities, including in Spain, through an authorised representative or through the relevant Spanish consulate.
Does buying property give me residency in Spain?
No. Owning property and having permission to reside in Spain are separate matters. Spain's former investor visa route was abolished from 3 April 2025, so buying property is not a visa route. Check the official Spanish residence information and take specialist immigration advice for your situation.
Do I need a Spanish bank account?
A Spanish bank account is not universally mandatory, but it can be practical and may be required by a lender or by the payment arrangements for your purchase. Confirm what your specific transaction needs with your bank and your lawyer.
Do I need a lawyer?
Using an independent Spanish lawyer who represents your interests is strongly advisable. Choose your adviser independently, verify their professional registration and ask them to confirm any potential conflict of interest before instructing them.
What is an arras agreement?
Some transactions use a private arras agreement before completion. Arras can take different legal forms with different consequences. Article 1454 of the Spanish Civil Code describes the consequences of penitential arras, but that treatment does not apply automatically to every deposit or private contract. Your lawyer should review the wording before you sign or transfer money.
How much tax will I pay?
Resale purchases in Andalucía are generally subject to transfer tax (TPO/ITP), with a general rate of 7%; reduced and special rates exist, so 7% is not the correct rate for every buyer or property. A first transfer from a developer is generally subject to VAT, commonly 10% for qualifying residential purchases, and AJD may also apply to the deed. The taxable base and final calculation must be confirmed for your individual transaction with a qualified tax adviser.
What does the notary do?
The notary is an impartial public official who verifies and records important aspects of the transaction in the public deed. The notary's role does not replace your independent lawyer or any technical checks on the property.
How long does the buying process take?
There is no single standard completion period. The timescale depends on documentation, legal checks, financing, the seller, the property type and the terms agreed in the contract. New-build and off-plan purchases follow a different schedule from completed resale properties.
Can Find Marbella provide legal or tax advice?
No. Find Marbella is a buyer-side property search service. It does not provide legal, tax, mortgage, financial or investment advice and does not carry out conveyancing. Buyers should appoint their own qualified advisers.
Official sources and further reading
- Spanish Ministry of the Interior — foreign nationals' documentation (NIE)
- Colegio de Registradores — guides to buying property in Spain
- Banco de España — arranging a mortgage and the FEIN
- Banco de España — valuation and costs associated with a mortgage
- Notariado — buying a home
- Notariado — is an arras contract compulsory?
- Spanish Civil Code, Article 1454 (BOE)
- Junta de Andalucía — taxes when buying a home
- Junta de Andalucía — general transfer tax (TPO) rate
- Spanish government — general information on obtaining residence
See also our NIE guide, the legal notice and the privacy policy for how enquiries are handled.