LEGALTICA GUIDE

Buying property in Spain as a foreigner: steps, taxes and yearly costs

Foreigners can buy property in Spain on the same terms as Spaniards: you need an NIE, a check of the land registry (nota simple) before you sign anything, a deposit contract (arras) and a public deed signed before a notary. On top of the price, budget roughly 8% to 13% for taxes and fees on a resale home (transfer tax of 6% to 10% or more depending on the region) or 10% VAT plus stamp duty on a new build, and, if you do not live in Spain, a non-resident tax return every year even if you never rent the property out.

The rest of Legaltica is in Spanish.

Legaltica editorial team Reviewed 24 October 2026 · 11 min read

12 FIRMS

12 OFFICIAL SOURCES

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Which situation fits you

01 Buying a resale home you pay transfer tax (ITP) set by the region, not VAT.

02 Buying a new build from the developer you pay 10% VAT plus stamp duty (AJD), and must check the bank guarantee for any staged payments.

03 Buying off-plan or in a rural area you need extra checks on planning, licences and occupancy; this is where most disputes start.

04 Buying to live in Spain the purchase gives you no residence permit since 3 April 2025; non-EU buyers need a separate visa.

05 Buying as a holiday home while living abroad you will file Spanish non-resident tax every year.

06 Buying with a mortgage from a Spanish bank expect a lower loan-to-value than residents get, and pay the taxes from your own funds.

First: get your NIE

You cannot sign at the notary, pay the taxes or usually open a Spanish bank account without an NIE, the identification number for foreigners. You request it with form EX-15 at a police station in Spain, or through the Spanish consulate where you live if you are abroad, where it usually takes about two weeks. The fee is €9.84 in 2026 (form 790, code 012). Bring proof of why you need it, such as the reservation contract or a letter from your lawyer. If you buy as a couple, both of you need one.

Property lawyers in Spain who speak English

Tell a firm about the property you want to buy, in English: they receive your message and your phone number, and you see theirs straight away. It’s free and you’re not committing to anything. Languages are taken from each firm’s profile. Firms marked “Registered with Legaltica” manage their own profile.

Registered with Legaltica

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Barcelona
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Abogada Elmira Parikyan - Boutique legal

5.0 · 12 Google Speaks English

Elmira Parikyan es abogada colegiada en el Ilustre Colegio de la Abogacía de Barcelona y directora de KPLEX Boutique Legal, un despacho ubicado en el distrito de Gràcia concebido para ofrecer una atención jurídica de la más alta exigencia, caracterizada por el rigor técnico, la visión estratégica y un trato estrictamente a medida. Su práctica profesional se centra en el …
Registered with Legaltica

CITY
Alicante
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CA · EN · ES · FR · PT

Hurtado & Bárez Abogados

5.0 · 125 Google Speaks English

Hurtado & Bárez Abogados es un despacho de Alicante con más de 25 años de experiencia, que ofrece asesoramiento integral y personalizado para cada cliente. Se caracteriza por un seguimiento cercano y una solución a medida para cada procedimiento, defendiendo los intereses de sus clientes. El despacho se presenta como líder en Alicante y cuenta con especialistas en diversas ramas …
Registered with Legaltica

CITY
Sevilla
LANGUAGES
EN · ES

M&C Abogados y Consultores

5.0 · 1 Google Speaks English

M&C Abogados y Consultores es un despacho boutique jurídico ubicado en Sevilla. Se caracteriza por situar al cliente en el centro de su trabajo, con un equipo que asume un número limitado de casos para garantizar la máxima calidad, proximidad y éxito. Se autodefine como una “boutique jurídica”, enfocada en ofrecer un servicio cercano y exclusivo, con premisas de transparencia, …

The steps and how long each takes

Work out your full budget: add the taxes and costs below to the price, and get a mortgage offer in principle if you need one (two to six weeks).
Open a Spanish bank account. It is not compulsory, but it makes paying at the notary and setting up direct debits for taxes and bills much easier.
Check the property before you sign anything (one to three weeks). Order a nota simple from the Land Registry (Registro de la Propiedad): it shows the owner and any mortgages, charges or seizures. Check with the town hall that the property was built legally, has its licences and is not subject to planning proceedings, compare the cadastral description with reality, and get certificates that there is no unpaid property tax (IBI) or community of owners fees. Ask for the energy performance certificate.
Sign the private deposit contract (contrato de arras), usually paying 10% of the price. Make sure it says expressly that the arras are penitenciales under article 1454 of the Civil Code: then you lose the deposit if you pull out, and the seller pays you back double if they do. Without that wording, a court may treat the deposit simply as part payment.
Sign the public deed of sale (escritura pública) before a notary, typically one to three months after the arras. The notary checks both parties’ identity and the registry and records how the price was paid, so always pay by traceable bank transfer or banker’s draft. If you cannot travel, a representative can sign with your notarised power of attorney.
Pay the purchase tax within the regional deadline, usually one month from the deed, and register the deed with the Land Registry. Registration is not compulsory, but only registration protects you as owner against everyone else.
Change the utilities and the IBI to your name and set up direct debits.

Taxes and costs on purchase

· Resale property, transfer tax (ITP)each region sets its own rate; where a region has not set one, the national rate of 6% applies. In practice it is usually between 6% and 10%, and some regions charge more for expensive homes or less for young buyers and large families.

· New build from the developer10% VAT (IVA) instead of ITP (in the Canary Islands, the local IGIC instead of VAT), plus stamp duty on the deed (Actos Jurídicos Documentados, AJD), whose rate also varies by region; the default national rate is 0.5%.

· Notary and land registryregulated fees that depend on the price, usually around 0.5% to 1% together.

· Optional but advisableyour own lawyer (often around 1% of the price), a survey, a valuation if you take a mortgage and a gestor.

€300,000 Worked examplea resale flat at €300,000 in a region at 7% ITP costs about €21,000 in tax, plus roughly €2,500 to €3,000 for notary and registry and about €3,000 for a lawyer, so around €327,000 in total, of which the taxes and fees (about €27,000) are usually paid from your own money.

Every year, if you don’t live in Spain

If you are not tax resident in Spain, you pay non-resident income tax (Impuesto sobre la Renta de No Residentes) with form 210, even if you never rent the property out. If you only use it yourself, the tax office taxes a notional income: 1.1% of the cadastral value (valor catastral) if that value was revised in the last ten years, or 2% otherwise, in proportion to the days you owned it in the year. The rate is 19% for residents of the EU and the EEA, and 24% for everyone else, including residents of the UK, the US and Switzerland.

New deadlines from 2027: under Orden HAC/623/2026, the notional income for 2026 is filed between 1 April and 31 December 2027 (the 2025 income is still filed from 1 January to 31 December 2026). If you rent the property out, the rental income for 2026 is declared in the first 20 days of April 2027, either grouped for the year or separately; until September 2026 the quarterly calendar still applied. Only residents of the EU and the EEA can deduct expenses from rental income.

Worked example: a flat with a revised cadastral value of €120,000, owned all year and not rented: 1.1% gives €1,320 of notional income, so a German or Dutch owner pays €250.80 and a British or American owner €316.80. You also pay the annual municipal property tax (IBI), and you must report the property in your home country; the tax treaty decides who taxes what.

Wealth tax: non-residents owe Spanish wealth tax only on net assets in Spain above the €700,000 exempt amount, under the rules of the region where the assets are.

When you sell

If you sell as a non-resident, the buyer must withhold 3% of the price and pay it to the tax office (form 211) within one month, as an advance on the tax on your gain. You then file form 210 within the three months after that one-month period, to pay the 19% tax on the gain or reclaim the excess of the 3%. The seller also usually pays the municipal tax on the increase in land value (plusvalía municipal); since 2021 it is not due if you can prove there was no real gain, and you can choose the calculation method that gives the lower amount.

Inheritance: plan it at the purchase

Spanish property is subject to Spanish inheritance tax when it is inherited, even if the owner and the heirs live abroad. Non-resident heirs can apply the rules of the region where the property is, which in some regions reduce the tax for spouses and children almost to zero. Each heir needs an NIE and must file within six months of the death. Within the EU, the law of the deceased’s habitual residence decides who inherits, unless the will chooses the law of their nationality: make a will that works in both countries.

Buying a home no longer gives you residence

Spain abolished the golden visa for property investors with effect from 3 April 2025: buying a home, at any price, no longer gives you a residence permit. EU citizens can live in Spain anyway and register after three months. British, American and other non-EU buyers who want to live there need a separate route, such as the non-lucrative visa or the digital nomad visa, and can otherwise stay up to 90 days in any 180-day period as visitors.

Common mistakes

Paying a deposit before checking the nota simple and the planning situation.
Arras contracts that do not say expressly that they are penitenciales under article 1454 of the Civil Code.
Buying a rural or off-plan property without checking that it can legally be used as a home, or without the bank guarantee for staged payments.
Not budgeting the purchase taxes, which you usually have to pay from your own funds, not with a mortgage.
Forgetting the yearly form 210, which leads to surcharges and problems when you sell; and missing the new April deadline from 2027.
Underdeclaring the price in the deed, which can lead to tax assessments and penalties.
Inheriting debts: unpaid IBI and community fees follow the property.

When a lawyer is worth it

The estate agent works for the seller and the notary for neither party. Your own lawyer is worth it in the situations below. The firms listed say they speak English.

Before you sign the arras: once you have paid 10%, pulling out costs you the deposit.

Off-plan purchases: the bank guarantee for your staged payments and the licences have to be checked, or you can lose what you paid if the developer fails.

Rural properties, old houses without clear papers, or anything with a planning file open.

Inherited properties, properties with several owners, or with debts or a dispute attached.

You cannot travel to Spain: a lawyer can sign for you with a power of attorney and handle the taxes.

You are selling and want the 3% withheld returned or the gain and plusvalía calculated properly.

Talk to a lawyer who speaks English

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Property lawyers in Spain who speak English