The Expat InvestorSee if you qualify

Spain · Buying a home

Buying property in Spain as a UK citizen

Yes. UK citizens can buy a home in Spain and be registered as its full owner, whether or not they live there; since Brexit they count as non-EU buyers, which mainly matters in certain defence zones. You will need an NIE number, an independent lawyer and a notary, and in the seven regions compared below the purchase tax alone on a home under €400,000 is between 6% and 11.5% of the price.

Looking at a home in Spain? Four quick questions, then Rory tells you plainly what your budget reaches and whether the timing works.

See what fits →

Can UK citizens buy property in Spain after Brexit?

Foreigners can buy property in Spain whether or not they are resident, and the buyer is registered in the Land Registry (Registro de la Propiedad) as full owner, the equivalent of freehold.

Since 1 January 2021 UK nationals have counted as non-EU buyers, which matters in zones restricted for defence reasons: there, a non-EU buyer needs prior permission from the Ministry of Defence before the notary can sign. Under Real Decreto 689/1978 they cover every Spanish island, the Balearics and Canaries included, and mainland areas around Cartagena, the Strait of Gibraltar, the Bay of Cádiz, the Galician coast and the Portuguese and French borders; areas declared of national tourist interest are exempt.

Sources differ on the detail: the Foreign Office says the Cartagena zone takes in southern Alicante and eastern Almería, and one Balearic law firm says homes on urban land need no permit, although the law's text covers both. Ask your lawyer to check the exact address.

You may also have read about a 100% tax on non-EU buyers. A Socialist group bill registered in Congress on 22 May 2025 would tax property bought by people not resident in the EU at 100% of its value, except new homes sold with IVA. As of 28 September 2026 the Congress record shows it still awaiting its first debate; Reuters reported in March 2026 that it had stalled. It is not law.

Owning a home gives no right to live in Spain, and the golden visa route closed to new applications on 3 April 2025. Staying longer than 90 days in any 180 needs a visa such as the non-lucrative visa; our 90-day rule page explains the count, and our guide to moving to Spain from the UK covers a permanent move.

Buying property in Spain: the steps in order

A straightforward resale often takes 6 to 12 weeks, according to one Alicante law firm.

What your lawyer checks before you sign

See these before the arras contract binds you.

Checks before you commit
CheckWhat it showsRule or source
Nota simple (Land Registry extract)The owner, the registered description and any mortgage or chargeColegio de Registradores
Building licence and planning statusBuilt with a licence, on buildable land, with no planning case openTown hall (urbanismo)
First-occupation licence or declaración responsableThe home may be lived in; Andalucía now uses a sworn declarationLey 7/2021 (Andalucía), art. 138
Community of owners certificateAny fees the seller owes; the notary needs it unless you waive itLey 49/1960, art. 9.1.e
IBI receiptsThe council's annual property tax is paid; arrears stay with the homeReal Decreto Legislativo 2/2004, art. 64
Energy performance certificateThe rating; a registered copy is annexed to the sale contractReal Decreto 390/2021, art. 17

Unpaid community fees follow the property: the home answers for the part of the current year already due and the three calendar years before it. Off-plan, the developer must secure the refund of every payment you make, with interest, by insurance or a bank surety (aval) in case the home is not built or delivered on time, and bank the money in a separate account; also ask to see the ten-year structural insurance (seguro decenal).

The Foreign Office's 2021 guidance says two years of community debts; the current text of Ley 49/1960 says the current year plus the three before it.

Buying property in Spain: costs by region

Tax is the largest cost. A resale home pays the regional transfer tax (ITP); a new home bought from the developer pays IVA at 10% plus stamp duty (AJD) on the deed, except in the Canaries, where the islands' IGIC at 7% replaces IVA.

Purchase tax on a second home, as of September 2026
RegionResale: ITPOn a €200,000 resaleNew build: IVA + AJDOn a €200,000 new build
Andalucía7%€14,00010% + 1.2%€22,400
Comunitat Valenciana9% (11% over €1m)€18,00010% + 1.4%€22,800
Región de Murcia7.75%€15,50010% + 1.5%€23,000
Cataluña10% up to €600,000, then 11% to 13% in bands€20,00010% + 1.5%€23,000
Comunidad de Madrid6%€12,00010% + 0.75%€21,500
Illes Balears8% up to €400,000, then 9% to 13% in bands€16,00010% + 1.5%€23,000
Canarias6.5%€13,000IGIC 7% + 0.75%€15,500

Sources: Ministry of Finance, Tributación Autonómica: Medidas 2026 (updated 23 September 2026); Ley 37/1992, art. 91; Decreto Legislativo 1/2025 (Canarias), arts. 32 and 38. Reduced rates for a main home (vivienda habitual) or special groups are left out. ITP is charged on the higher of the price and the Catastro reference value. The Notariado's consumer page still quotes 6% to 10% for ITP; the table uses the Ministry's current figures.

Rates move: Valencia cut its general rate from 10% to 9% on 1 June 2026, Murcia's 7.75% dates from 25 July 2025 and Catalonia's bands from 27 June 2025, so check the rate for your signing date.

Notary, Land Registry and lawyer's fees

Notary and registry fees follow national sliding-scale tariffs, less a compulsory 5% discount, plus extras such as the notary's page and copy charges, and IVA at 21%. Lawyers' fees are free to agree: since 2009 professional bodies have been barred from issuing fee scales, so ask for a written fixed quote.

Fees on a €200,000 purchase
FeeTariffTariff amount, before extras and IVAOne law firm's all-in estimate
NotaryReal Decreto 1426/1989, less 5%About €340€850 to €1,100
Land RegistryReal Decreto 1427/1989, less 5%About €177€450 to €650

Tariff amounts are our arithmetic from the official BOE scales (about €388 and €205 on €300,000). The estimate is professional guidance from a Canary Islands law firm (ALY Abogados, April 2026), not an official figure, and includes the extras.

Other law firms give rules of thumb: one in Tenerife puts notary, registry and legal fees together at typically 1% to 2% of the price, and one in Alicante suggests budgeting 10% to 15% above the price in all. By default the seller pays the notary for the deed and the buyer pays for the copy and what follows, unless the contract says otherwise (Civil Code, article 1455).

Owning brings yearly costs too; the Alicante firm notes that non-residents file an annual tax return (Modelo 210) even when the home is never let. Our retiring to Spain page covers running costs.

Buying from a non-resident seller: the 3% retention

If the seller is not tax-resident in Spain, for example another Briton selling a holiday home, you must hold back 3% of the agreed price and pay it to the Agencia Tributaria on Modelo 211 within one month of the transfer, giving the seller their copy so they can claim it against their tax. If it is not paid in, the home itself stays liable for it, on top of any penalty, so have your lawyer deduct it at completion.

Cash or a Spanish mortgage

Most overseas-home buyers do not borrow: in a 2026 survey of 1,107, most of them UK-based, 42% were paying from savings, 41% from a property sale and under 10% with a mortgage. Cash keeps completion simple, but send it by traceable bank transfer, because the deed records how you paid.

If you borrow from a Spanish bank, Ley 5/2019 requires the binding offer (FEIN) and draft contract at least ten calendar days before signing, and a prior visit to a notary of your choice, who confirms that the papers arrived in time. The bank pays the notary, registry, gestoría and stamp duty on the mortgage deed; you pay the valuation. The Foreign Office advises checking that the lender is authorised by the Banco de España.

Is it safe to buy property in Spain?

Spain's system has real safeguards for a licensed home with clean title: the notary checks identities, debts and the deed, and the Foreign Office advises registering at once "to ensure full protection of your rights".

Almería shows what can go wrong with planning. In 2011 a Junta de Andalucía inspection counted 12,697 irregular properties in the Almanzora valley, in inland municipalities such as Albox, Arboleas and Cantoria. In 2008 a British couple's villa near Vera was demolished in a planning dispute; the demolition was later found unlawful, and in 2018 they received about €236,000, less than the house had cost.

Andalucía's planning law now lets some irregular homes be recognised as AFO (asimilado a fuera de ordenación), which can allow utilities to be connected, but the law says this does not make them legal. Our Almería property guide covers the province today, the Spain hub compares the regions, and our research on British buyers has the official figures.

Weighing up a home in Spain?

Rory speaks to every buyer before anyone is introduced: fifteen minutes, your budget and your timing, and a straight answer on whether it fits.

Talk to us about Spain →

Common questions

Can UK citizens buy property in Spain after Brexit?

Yes. A UK citizen can buy a home in Spain and be registered as its full owner, resident or not. Since 2021 UK nationals count as non-EU buyers, which matters mainly in defence zones such as the islands, where a Ministry of Defence permit may be needed. A proposed 100% tax on non-EU buyers had not been passed as of September 2026.

How much does it cost to buy a property in Spain?

A resale home pays regional transfer tax: in the seven regions we compare, from 6% in Madrid to 10% in Catalonia below €600,000; a new home pays 10% IVA plus 0.75% to 1.5% stamp duty, or 7% IGIC in the Canaries. Notary and registry fees follow national scales, and one Alicante law firm suggests budgeting 10% to 15% above the price.

Is it safe to buy property in Spain?

It is safest when the home is licensed, the title clean and you have your own lawyer as well as the notary. The known risks are planning ones: in 2011 an inspection counted 12,697 irregular properties in Almería's Almanzora valley. Checks on the registry extract, licences, land type and debts before any deposit are what protect you.

Do I need a lawyer to buy property in Spain?

The Foreign Office strongly recommends an independent lawyer who specialises in Spanish land law and acts only for you. The notary must stay impartial, so checking licences, debts and planning, and the wording of the arras contract, falls to your lawyer. Lawyers' fees have no official scale, so agree a written quote first.

Does buying a house in Spain give you residency?

No. Owning a home gives no right to live in Spain, and the golden visa route closed to new applications on 3 April 2025. UK citizens who want to stay more than 90 days in any 180 need a visa, such as the non-lucrative visa for people living on their own income or pension.

Sources

  1. Tributación Autonómica. Medidas 2026, Capítulo IV: ITP and AJD rates by region (Ministerio de Hacienda, updated 23 Sep 2026)
  2. Proposición de Ley 122/000196 para impulsar el alquiler de viviendas a precios asequibles, BOCG Serie B 229-1 (Congreso de los Diputados, 30 May 2025)
  3. Initiative 122/000196: current status 'Pleno Toma en consideración' (Congreso de los Diputados, viewed 28 Sep 2026)
  4. El impuesto del 100% a la compra de vivienda por extracomunitarios se estanca en el Congreso (Reuters via MarketScreener, 27 Mar 2026)
  5. Ley 8/1975 de zonas e instalaciones de interés para la Defensa Nacional, arts. 18 and 20 (BOE)
  6. Real Decreto 689/1978, Reglamento de zonas e instalaciones de interés para la Defensa Nacional, arts. 32, 37, 38 and Annex II (BOE)
  7. Brexit y Registro de la Propiedad: sobre las autorizaciones militares (Colegio de Registradores blog, 2021)
  8. La autorización militar de la Ley 8/1975 tras el Brexit (El Notario del Siglo XXI, no. 128, Jul–Aug 2026)
  9. Los británicos solo podrán comprar viviendas con un permiso militar: falso (ILLESLEX law firm, 26 Jan 2021)
  10. Spain: buying and renting property (Foreign, Commonwealth & Development Office, updated 13 May 2021)
  11. Código Civil, arts. 1454, 1455 and 1462 (BOE)
  12. Viviendas e inmuebles: compraventa de vivienda (Consejo General del Notariado)
  13. Ley del Notariado, arts. 23 and 24 (BOE)
  14. Ley Hipotecaria, art. 254 (BOE)
  15. Ley 49/1960 sobre propiedad horizontal, art. 9 (BOE)
  16. Real Decreto Legislativo 2/2004, Ley Reguladora de las Haciendas Locales, art. 64 (BOE)
  17. Real Decreto 390/2021, certificación de la eficiencia energética de los edificios, arts. 13 and 17 (BOE)
  18. Ley 7/2021 de impulso para la sostenibilidad del territorio de Andalucía, arts. 138 and 174 (BOJA)
  19. Real Decreto Legislativo 1/1993, Ley del ITP y AJD, arts. 10, 29 and 31 (BOE)
  20. Ley 37/1992 del IVA, arts. 90 and 91 (BOE)
  21. Decreto Legislativo 1/2025, texto refundido del IGIC (Canarias), arts. 32 and 38 (BOE/BOC)
  22. Real Decreto 1426/1989, Arancel de los Notarios (BOE)
  23. Real Decreto 1427/1989, Arancel de los Registradores (BOE)
  24. Ley 2/1974 sobre Colegios Profesionales, art. 14 (BOE)
  25. Comprar una vivienda en Canarias: impuestos y gastos totales en 2026 (ALY Abogados, law firm, 16 Apr 2026) — professional source
  26. Spain's '100% tax' on non-EU buyers: where it really stands (Olga Caballero & Co., law firm, 14 Jul 2026) — professional source
  27. Buying a Property in Spain in 2026 (Pellicer & Heredia, law firm, updated Aug 2026) — professional source
  28. Non-resident tax in Spain: Form 210 (Pellicer & Heredia, law firm, updated Jun 2026) — professional source
  29. Retención del adquirente de un inmueble (Agencia Tributaria)
  30. Modelo 211: instrucciones (Agencia Tributaria)
  31. Real Decreto Legislativo 5/2004, Ley del Impuesto sobre la Renta de no Residentes, art. 25.2 (BOE)
  32. Ley 5/2019 reguladora de los contratos de crédito inmobiliario, arts. 14 and 15 (BOE)
  33. Ley 38/1999 de Ordenación de la Edificación, art. 19 and first additional provision (BOE)
  34. It's official: there are 12,697 illegal properties in the Almanzora valley (Spanish Property Insight, 14 Mar 2011)
  35. The Priors finally receive payout for illegal demolition in Almería (Euro Weekly News, 23 Feb 2018)
  36. Annual buyer survey 2026 results (Your Overseas Home, fieldwork Jun–Sep 2026)
  37. Spain: Golden Visa programme terminated (KPMG GMS Flash Alert 2025-008, Jan 2025)

Last checked 2026-09-28. Rules and rates change; this is general information, not legal, tax or financial advice. Confirm your own position with an independent Spanish lawyer or tax adviser before you act.