Guide for British buyers
Buying property in Marbella as a UK buyer
British citizens can still buy in Spain on the same terms as before Brexit. What changed is the time you are allowed to spend in the country, the paperwork behind a longer stay, and the tax questions that follow a move. This page sets out what actually applies in 2026, with links to the official UK and Spanish sources so you can check every point yourself.
We are a buyer-side property finder based in Marbella. We are not lawyers, tax advisers or immigration advisers, and nothing here is advice on your own situation.
What Brexit changed, and what it did not
Buying was never restricted by nationality in Spain, and it still is not. A British buyer signs the same deed in front of the same notary, pays the same purchase taxes and registers the same title as any other buyer. Ownership is not the part Brexit touched.
What Brexit changed is your status as a visitor. Since 2021 British citizens are third-country nationals in the Schengen area, so the length of your stay is capped unless you hold a visa or a residence permit. The practical effect for most owners is simple: you can buy the home freely, but you cannot assume you can live in it for as long as you like.
The short version
- Buying a home in Marbella as a British citizen: unchanged.
- Spending unlimited time in it: no longer automatic.
- Getting residency through the purchase: no longer available.
Owning a property is not the same as living in Spain
Spanish law treats property ownership and immigration status as two separate systems. The deed proves what you own. It says nothing about how long you may stay. British owners who want to spend more than the visitor allowance in Marbella need a visa route in their own right, applied for before they travel.
The golden visa, which gave residency in exchange for a qualifying property investment, was withdrawn in April 2025. Purchases made now do not lead to a residence permit, whatever the price. Anyone still presenting a Marbella property as a route to residency is working from an out-of-date script.
The 90/180-day rule in plain terms
As a visa-free visitor you may spend up to 90 days in any rolling 180-day period in the Schengen area. It is a rolling window, not a per-visit allowance and not a calendar-year reset, and it counts every Schengen country together. A week in Paris and a fortnight in Lisbon come out of the same 90 days as your time in Marbella.
Owning a home does not add days to the allowance. Your passport is stamped on entry and exit, and overstays can lead to refusal of entry later. If your plan is a long spring and a long autumn in Marbella every year, do the arithmetic before you buy, and check the current entry requirements with the Foreign Office rather than relying on what applied on a previous trip.
If the days do not work for the life you want, the answer is a visa application, not a longer stay. Spain has national visa routes for non-working residence, remote work and study, each with its own income, insurance and documentary requirements. They are applied for at a Spanish consulate in the UK, and the conditions are set by Spain, not by the seller or the agent.
The buying process, step by step
The Spanish process is orderly and notary-led, and it differs from England and Wales in one important way: the private contract binds you well before completion. Nothing here replaces your lawyer, but it shows you the shape of the transaction.
- 1
Get your NIE
Apply at a Spanish consulate in the UK or give your lawyer power of attorney to do it in Spain. Nothing in the purchase completes without it.
- 2
Appoint an independent lawyer
Instruct a Spanish lawyer who acts only for you. They run the checks on ownership, debts, licences and planning before any money moves.
- 3
Open a Spanish bank account
Most buyers open one to pay the deposit, taxes and later the utilities and community fees. Banks will ask for your NIE and proof of funds.
- 4
Reserve the property
A reservation agreement takes the home off the market for an agreed period against a deposit. Have your lawyer read it before you sign anything.
- 5
Sign the private purchase contract
The contrato de arras sets the price, the completion date and what happens if either side pulls out. This is the point the purchase becomes binding.
- 6
Complete at the notary
You sign the escritura in front of a Spanish notary, the balance is paid, and you receive the keys. Your lawyer then registers the deed and settles the purchase taxes.
Costs to budget for beyond the price
A Marbella purchase carries transaction costs on top of the agreed price. On a resale you pay transfer tax; on a new build from a developer you pay VAT plus stamp duty. Notary, land registry and legal fees follow, and a mortgage adds its own valuation and arrangement costs.
We do not publish rates here, because they are set by Andalusia and by central government and they change. Ask your lawyer for the figures that apply on your completion date, and ask them in writing. Then plan for the running costs: community fees, IBI local property tax, rubbish collection, utilities, insurance and, for non-resident owners, the annual non-resident tax return.
Currency, transfers and mortgages
You are buying in euros from a sterling base, so the exchange rate sits between your budget and the property. Between the reservation and completion the price in pounds can move on its own, and many British buyers use a currency specialist to fix a rate for the balance rather than leave it to the day.
Spanish banks lend to non-resident buyers, typically at a lower loan-to-value than they offer residents, and they will want UK payslips, tax returns and bank statements. Arrange the finance in principle before you sign a reservation, because the arras deposit is at risk if the mortgage does not land in time.
Tax residency, the line British owners need to know
Owning a Spanish home does not make you tax resident in Spain. Time does. Spending more than 183 days in Spain within a calendar year generally makes you resident for tax, which changes how your worldwide income and gains are treated, and interacts with your UK position under the double taxation treaty.
If you stay below that line you are a non-resident owner, with a narrower but still real set of Spanish obligations, including the annual return on your property. If you are close to the line, or planning to cross it, take advice from someone qualified in both jurisdictions before the year begins rather than after it ends.
Mistakes we see British buyers make
- Assuming a purchase still leads to residency. The golden visa route closed in April 2025 and buying no longer creates an immigration status.
- Counting Schengen days only in Spain. The 90 in 180 allowance covers the whole Schengen area, including trips to France, Italy or Portugal.
- Using a lawyer recommended by the seller or the developer. Independence is the whole point of instructing one.
- Budgeting only the asking price. Purchase taxes and professional fees sit on top and need to be funded on completion day.
- Signing a reservation or arras contract before legal checks. Deposits at that stage are rarely easy to recover.
- Ignoring the tax residency line. Long stays can change your tax position in both countries, so take advice before you rearrange your year.
Official sources
Rules change, and the versions that matter are the official ones. These are the pages we check ourselves.
- Buying property in SpainUK Foreign, Commonwealth and Development Office
- Living in SpainUK Foreign, Commonwealth and Development Office
- Spain travel advice, entry requirementsUK Foreign, Commonwealth and Development Office
- Visas and consular servicesSpanish Ministry of Foreign Affairs
- Taxes on buying and selling propertySpanish Government, Your Europe information point
Common questions from British buyers
Can British citizens still buy property in Spain after Brexit?
Yes. Spain places no nationality restriction on buying residential property, and British buyers purchase on the same legal footing as before Brexit. What changed is not ownership, it is how long you can stay in the country and which paperwork you need to stay longer.
Does buying a property in Marbella give me residency?
No. Ownership and immigration status are two separate things in Spain. Buying a home does not give you the right to live there full time, and since the golden visa scheme ended in April 2025 a property purchase no longer leads to a residence permit on its own.
How long can I stay in Spain as a British owner without a visa?
As a visa-free visitor you can spend up to 90 days in any rolling 180-day period across the whole Schengen area, not only Spain. Owning a home does not extend that allowance. If you want longer, you apply for a national visa before you travel.
Do I need a NIE number to buy?
Yes. The NIE is the Spanish foreigner identification number, and you need one to sign the deed, pay purchase tax and set up utilities. Most British buyers apply through the Spanish consulate in the UK or through a lawyer in Spain with power of attorney.
Do I need a Spanish lawyer?
You are not legally required to use one, but it is the normal route for British buyers and we would always suggest it. Use a lawyer who is independent of the seller, the agent and the developer, and check they are registered with a Spanish bar association.
Can I get a mortgage in Spain as a UK resident?
Spanish banks do lend to non-resident buyers, usually at a lower loan-to-value than they offer residents, and they will ask for UK income and tax documents. Terms vary by bank and by profile, so speak to a broker or the bank directly before you commit to a purchase.
What taxes will I pay when I buy?
In Andalusia a resale home carries transfer tax, while a new build from a developer carries VAT plus stamp duty. On top of that you budget for notary, land registry and legal fees. Rates change, so confirm the current figures with your lawyer before you make an offer.
Will owning in Spain make me a Spanish tax resident?
Owning a property does not by itself make you tax resident. Spending more than 183 days in Spain in a calendar year generally does, and that changes how your worldwide income is treated. Take cross-border tax advice before you change your pattern of stay.
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