Buying property in Spain as a foreigner: the rules

What the law says about foreign owners

Article 27 of the Civil Code reads: “Los extranjeros gozan en España de los mismos derechos civiles que los españoles, salvo lo dispuesto en las Leyes especiales y en los Tratados” (foreigners enjoy the same civil rights as Spaniards, except where special laws and treaties provide otherwise). Buying a home is therefore open to you. The special laws that matter are the defence-zone law described below and the investment-declaration rules.

You may read in the press about a proposed tax of 100% on non-EU buyers. It is not law. It appeared in a Socialist Group bill on affordable rents (initiative 122/000196). The Congress of Deputies page for that initiative shows it as “Concluido - (Caducado)” since 6 October 2026. Under article 207 of the Congress rules, when the Chamber is dissolved all pending matters lapse, except those for the Standing Committee. The Cortes were dissolved by Real Decreto 806/2026 of 5 October (in force on its publication in the BOE on 6 October), with elections set for 29 November 2026. The text of the bill itself was not read for this guide, because the official PDF would not open.

The NIE comes first

You need a Número de Identidad de Extranjero (foreigner identity number), the tax number of a foreign individual, before you sign. Article 254 of the Ley Hipotecaria (Mortgage Law) forbids registering a property deed unless the tax numbers of all the parties appear in it. See the NIE number for property buyers and how to apply from abroad.

Military authorisation in restricted zones

The Ley 8/1975 and its regulation (Real Decreto 689/1978) create “zonas de acceso restringido a la propiedad por parte de extranjeros”. In those zones a foreign individual or company needs a prior autorización militar (military authorisation) to acquire land or buildings, to take a mortgage in their favour, or to build. Article 32 of the regulation lists the zones:

• all islands and islets (the Balearic and Canary Islands, among others), with a ceiling of 15% of properties in foreign hands for islands the size of Formentera or larger, and 0% for smaller ones;
• the Cartagena zone, the Strait of Gibraltar, the Bay of Cádiz, the Portuguese border, Galicia and the French border, each with its own ceiling, set out in annex II of the regulation;
• the non-island Spanish territories in North Africa (Ceuta and Melilla), 5%.

Two exceptions matter. Article 35 of the regulation takes out the existing urban cores of non-border towns and their urbanised or extension areas. Centres declared of national tourist interest are treated as already authorised, with conditions. Nationals of EU Member States are not subject to these limits under the additional provision of the 1975 law, which is why British, Canadian and American buyers are covered and Germans or Italians are not. The procedure itself was not read: ask the lawyer or the notary whether the plot lies in a zone before you pay a deposit.

Declaration of investments above €500,000

Real Decreto 571/2023 makes a declaration (not an authorisation) to the Register of Investments compulsory after the purchase of Spanish real estate “por no residentes, cuyo importe supere los 500.000 euros”. The form is D-2A, to be filed within one month of the purchase. When a Spanish notary executes the deed, the notary reports it through the General Council of Notaries and you give the data. Nothing here blocks the purchase.

Taxes and costs when you buy

Purchase taxes depend on the region and on whether the home is new or resale. Use the purchase costs calculator for the figures by region. The regional overview shows how the regions differ.

Non-resident tax every year

Owning a home makes you taxable in Spain each year even if you never rent it. A non-resident owner declares an imputed income on modelo 210, taxed at 24% (19% for EU and EEA residents). The detail is in non-resident property tax, and the non-resident tax calculator gives an estimate. Letting the home brings other obligations: see renting out as a non-resident.

How you pay

Section 7 of Ley 7/2012 bans cash payments of €1,000 or more where one party is a business or professional, and sets the limit at €10,000 where the payer is an individual who shows that their tax domicile is outside Spain. The text excludes payments made through credit institutions. The notarial law also requires the deed to identify the means of payment. In practice, a bank transfer from your own account is the route.

The golden visa is gone

Ley Orgánica 1/2025 emptied articles 63 to 67 of Ley 14/2013 from 3 April 2025. Buying a home for €500,000 no longer gives a residence visa. Existing visas keep their validity and renewals follow the rules at the time of the first grant. See the golden visa has ended.

Which professional to consult

A lawyer registered with a Spanish bar association (colegio de abogados) can check the zone question, the NIE and the tax set-up. A notary executes the deed. Your home-country tax adviser handles the credit or exemption in your country of residence.