Spain continues to be one of the most attractive destinations for international buyers looking for a permanent home, a second residence or a property investment. But buying property in Spain as a foreigner involves important legal and tax considerations that should be understood before signing any document or paying a deposit.
The Spanish Real Estate market has also experienced significant legal changes in recent years. One of the most relevant is the abolition of the Real Estate Golden Visa in April 2025. Since then, buying a property in Spain no longer provides access to residency through the former investor visa scheme.
Can you as a foreigner still buy property in Spain?
Yes, you can buy property in Spain whether you are a resident or a non-resident.
However, owning property in Spain and having the right to reside in the country are two different matters. Following the abolition of the Golden Visa, anyone planning to move to Spain should consider their immigration status separately from the property purchase.
For buyers living abroad, obtaining independent legal advice before committing to a transaction is particularly important.
What should you check before buying a property in Spain?
A proper legal due diligence should be carried out before signing a private purchase contract or paying a significant deposit.
One of the first steps is checking the property's legal status through the Spanish Land Registry. The nota simple provides important information about ownership, mortgages, liens and other registered charges.
It is also important to check:
- That the seller is the legal owner and has the right to sell
- Whether the property has mortgages, embargoes or other charges
- Whether there are outstanding community fees or property taxes
- The planning and building status of the property
- Whether extensions or alterations have the necessary permissions
- Any restrictions that could affect the use or transfer of the property
These checks can be particularly important when buying a villa, rural property, newly built home or a property that has been substantially renovated.
What taxes do you pay when buying property in Spain?
The taxes associated with a property purchase depend on factors such as whether the property is new or previously owned and where it is located.
In general, a new property purchased from a developer is subject to VAT (IVA), while the purchase of a second-hand property is generally subject to Transfer Tax (ITP).
The applicable tax rates can vary between Spain's Autonomous Communities, so buyers should obtain advice based on the specific property and location.
Other costs may include notarial, Land Registry and legal fees.
Be careful before signing a purchase agreement
Foreign buyers should also understand the legal consequences of signing documents such as a reservation agreement or an arras contract.
An arras agreement normally involves paying a deposit and can establish important consequences if either party fails to complete the transaction. For this reason, the contract should be reviewed by our independent lawyers before it is signed.
A buyer should not assume that a property is legally suitable simply because it is advertised for sale or because the seller provides a contract.
Why use an independent property lawyer in Spain?
Buying a property abroad can be complicated when you are unfamiliar with the country's legal system, language and procedures.
Our independent Spanish property lawyers can review the legal status of the property, examine the purchase contract, identify potential risks and assist with the transaction through to completion and registration.
For international buyers, it may also be possible to grant a power of attorney so that a lawyer can carry out certain procedures on their behalf without requiring them to be present in Spain at every stage.
Buying property in Spain with legal advice
Buying property in Spain is a major financial decision. Taking legal advice before signing a contract or paying a deposit can help identify potential problems at an early stage and give the buyer a clearer understanding of the transaction.
Del Río Abogados advise international clients on real estate transactions in Spain, assisting buyers throughout the legal process.
If you are considering buying a property in Spain, contact Del Río Abogados for independent legal advice tailored to your circumstances.