FAQ: Buying a Property in Spain – Step-by-Step Process & Costs

Livin'España - Buying a property in Spain

1. Can foreigners buy property in Spain?
Yes. Spain allows non-residents and foreign citizens to buy property freely, whether from the EU or outside the EU. There are no nationality restrictions, and ownership is fully recognized by Spanish law.
You will, however, need a NIE (Número de Identificación de Extranjero) — the foreigner’s tax ID number — to sign contracts, pay taxes, and register the deed.


2. What is the step-by-step process to buy a property in Spain?

  1. NIE application – obtain your tax ID number.
  2. Property search and due diligence – verify ownership, debts, and planning status (Nota Simple).
  3. Arras (Reservation or Deposit) contract – typically 10% of the purchase price.
  4. Mortgage (if applicable) – apply and secure bank approval.
  5. Notary signature (Escritura Pública) – final signing and payment.
  6. Land Registry inscription – ownership is officially recorded.
    We coordinate every step with local lawyers, notaries, and surveyors to ensure a transparent process.

3. What are the purchase taxes and costs when buying a home in Spain?
Expect 10–15% of the property price in total acquisition costs:

  • Resale property: ITP (Transfer Tax) of 6–10% depending on region.
  • Real estate agency fee: up 3% depending on region.
  • New build: VAT (IVA) 10% + stamp duty (AJD) 1–1.5%.
  • Notary and registry fees: around 1% combined.
  • Legal fees: 1–1.5% (varies by complexity).
    We help you estimate costs precisely by region and property type before signing.

4. What is the “arras” contract and is it binding?
Yes — the arras contract is a legally binding reservation agreement. The buyer usually pays 10% of the price to reserve the property.
If the buyer withdraws, they lose the deposit. If the seller backs out, they must return double the amount.
We review and negotiate every clause to ensure the contract protects your interests before signing.


5. Can I buy property in Spain without living there?
Yes. You can purchase remotely using a Power of Attorney (Poder Notarial), which allows your lawyer to sign on your behalf.
We prepare the power in your country (notarized and apostilled) and coordinate with your chosen law firm for safe execution.


6. Do I need a lawyer to buy property in Spain?
Legally, it’s not mandatory — but it’s strongly recommended.
Your lawyer will:

  • Check that the property has no debts, liens, or illegal extensions.
  • Review the title deed, energy certificate, and planning compliance.
  • Draft or review the arras and purchase contracts.
  • Register the property in your name after the notary signing.
    At Livin’España, we only collaborate with independent, buyer-side lawyers, never those representing the seller or agency.

7. What are the risks of buying without legal verification?
Without due diligence, buyers risk:

  • Purchasing a property with unpaid taxes or community debts.
  • Discovering illegal constructions not registered in the Land Registry.
  • Facing flood-zone or zoning restrictions that limit renovation.
    Our legal partners check every detail (urban status, debt certificates, cadastral alignment) before you commit any funds.

8. Can I buy a property to obtain residency or a visa?
Yes, but only under specific programs.
Previously, the Golden Visa allowed residency for investments above €500,000, but this scheme is being phased out in 2025.
You can still purchase a home and apply for other visa types (e.g., Non-Lucrative Visa, Digital Nomad Visa), using your property as proof of accommodation for immigration purposes.


9. How long does the buying process take?
From reservation to notary signature, the process typically takes 6–10 weeks:

  • 1–2 weeks for legal checks and arras contract.
  • 4–6 weeks to complete financing, documentation, and notary coordination.
    We align the property timeline with your visa or relocation calendar.

10. Can I buy with a mortgage in Spain as a foreigner?
Yes. Many Spanish and international banks lend to non-residents.
Expect:

  • Loan-to-value: 60–70% for non-residents, up to 80% for residents.
  • Interest rates: 3–4.5% in 2025 depending on profile.
  • Documents: income proof, tax returns, bank statements, and credit check.
    We connect you with independent mortgage brokers experienced with expat clients.

11. What should I know about the notary and the signing day?
The notary (Notario) is a public official who ensures the legality of the transaction.
On signing day:

  • Buyer, seller, and lawyer meet to review the final deed.
  • Funds are transferred (often via bank cheque).
  • The Escritura Pública is signed and you receive the keys.
    We attend and translate at the notary signing, ensuring all documents and payments are in order.

12. When do I officially own the property?
Ownership transfers at the notary signing, but becomes official when the deed is registered in the Land Registry (Registro de la Propiedad) — usually within 2–3 weeks.
We track the registration process and provide certified proof of ownership.


13. Are there annual property taxes in Spain?
Yes, homeowners pay:

  • IBI (Impuesto sobre Bienes Inmuebles): local property tax, 0.4–1.1% of cadastral value.
  • Basura: waste collection fee.
  • Non-Resident Income Tax: applies if you’re not tax-resident in Spain.
    We help clients calculate and file these through our accounting partners.

14. Can I buy a home before getting my visa?
Yes. You can purchase as a non-resident, and later use the deed as proof of address or financial solvency for certain visas.
We often coordinate the visa and property purchase in parallel so both processes progress smoothly.


15. Are there hidden costs I should be aware of?
Potential extra costs include:

  • Bank transfer fees and exchange rate differences.
  • Home insurance and community fees (if in a building).
  • Optional surveyor report (recommended for older properties).
    We review all estimated costs transparently before you sign anything.

16. Can foreigners buy land or rural property in Spain?
Yes — but rural and agricultural land may have restrictions on usage, building permits, or parcel size.
We verify zoning plans (planeamiento urbanístico) and local development rules to ensure compliance before purchase.


17. Is it better to buy as an individual or through a company?
It depends on your tax and investment goals.
Buying through a Spanish company (SL) can offer advantages for rentals or multiple acquisitions, but involves extra accounting and tax obligations.
We coordinate with tax advisors to define the most efficient ownership structure.


18. Can I rent out my property after buying it?
Yes, but short-term rentals are regulated regionally.
You’ll need a tourist rental license (licencia turística) in most areas for AirBnB or similar use. Long-term rentals (over 12 months) are generally unrestricted.
We guide you on licensing requirements by province.


19. What happens if I buy off-plan (new build not finished yet)?
Ensure the developer provides a bank guarantee (aval bancario) for every payment made before completion.
We review developer credentials, payment schedules, and delivery conditions before any deposit is paid.


20. How does Livin’España support foreign buyers?
We provide independent buyer representation — never seller-side commissions.
Our advisory team:

  • Shortlists and verifies properties.
  • Coordinates legal, tax, and notary partners.
  • Ensures full compliance and transparent cost tracking.
    We help you purchase in Spain securely, with clarity at every step.