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Buying property in Spain as a foreigner is straightforward in principle — there is no restriction on foreign ownership, EU or non-EU — but the process has several Spanish-specific steps that catch international buyers off guard: a private deposit contract with real financial consequences, a public registry that must be checked before you sign anything, and a tax bill that varies depending on whether the home is new build or resale.
This checklist walks through the process in order, from your first document (the NIE) to the moment the property is registered in your name, including the 2026 tax rates in Andalucía and what buying property does — and does not — entitle you to as a non-resident.
A typical purchase in Andalucía runs six to twelve weeks for a straightforward resale, longer if there are mortgage, inheritance or off-plan complications. The order matters:
The NIE (Número de Identificación de Extranjero) is required for every fiscal, notarial and registry step of buying property in Spain — you cannot sign a deed, pay taxes or open certain bank accounts without one. It is requested with form EX-15 and fee model 790 (code 012), either in Spain, through a Spanish consulate in your home country, or via a legal representative acting on your behalf with a power of attorney. Processing times vary significantly by province and season, so apply as early as possible — ideally before you start viewing properties seriously.
This is the step most commonly skipped or rushed by buyers managing the process alone, and it is where serious problems originate. Before any money changes hands beyond a small reservation deposit, your lawyer should confirm:
Once due diligence is clear, buyer and seller usually sign a private contract called arras before ever going to a notary — and it is legally binding, not a formality. Under arras penitenciales (the most common form), either party can withdraw: the buyer loses the deposit, or the seller must return double the amount. Under arras confirmatorias or penales, withdrawal carries additional compensation on top. The contract should state the price, the completion date, what happens if a mortgage is refused, and who pays which costs — reviewing it before signing is one of the highest-value things a lawyer does in the whole process.
Budget an additional 10-13% on top of the purchase price for taxes and associated costs. The tax itself depends on whether the property is resale or new build:
If you are buying from a seller who is a non-resident in Spain, you as the buyer are legally required to withhold 3% of the price and pay it directly to the tax authorities using model 211, within one month of completion — this protects you against the seller's unpaid capital gains tax, and missing it can leave you personally liable for that amount.
Beyond the 3% withholding above, transactions involving a non-resident seller often move more slowly because the seller's own tax filings (capital gains, and sometimes plusvalía municipal) need to be coordinated across the sale. It is worth confirming the seller's residency status early in due diligence, since it changes both the paperwork and the timeline — not just at completion, but in how the arras contract itself should be worded.
No — and this is one of the most common misconceptions among foreign buyers. Spain's residency-by-investment scheme (the "Golden Visa") was abolished on 3 April 2025 under Organic Law 1/2025; buying a property, at any price, no longer grants a residence permit. Investors who already held a Golden Visa before that date keep their status under transitional rules, but no new applications are accepted. If residency is part of your plan, it needs to be pursued separately — through a non-lucrative visa, work authorisation or another route entirely independent of the property purchase.
You may also have seen headlines about a proposed 100% tax on property purchases by non-EU, non-resident buyers. As of today, this is a political proposal under public debate — it has not been passed by Congress and is not part of current law. We track this closely and will update our guidance immediately if that changes, but there is no reason to delay a purchase over a measure that does not yet exist.
Can a non-EU citizen buy property in Spain?
Yes. Spain places no nationality-based restriction on buying residential property — the process is the same for EU and non-EU buyers, aside from the specific rules that apply when the seller (not the buyer) is a non-resident.
Do I need a Spanish bank account?
In practice, yes — for the deposit, completion payment, and to set up direct debits for IBI, community fees and utilities afterwards. Opening one is usually possible with your NIE and passport, and can often be arranged before you travel.
What happens if the arras contract falls through because my mortgage is refused?
This is exactly why the mortgage condition clause in the arras contract matters — a well-drafted one lets you recover your deposit if financing genuinely falls through for reasons outside your control, rather than losing it under the standard withdrawal terms.
Buying property in Spain is safe and well-protected in law — the risk almost always comes from skipping a step, not from the system itself. At Sánchez Solicitors we handle the full process for foreign buyers on the Costa del Sol: NIE application, Land Registry due diligence, arras contract review, notary representation and registration, so nothing gets signed until it has been checked.
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