In short: any foreigner can buy property in Spain without prior residency, but a NIE (foreign ID number) is mandatory before signing at the notary; buying property does not automatically grant any residence permit, and the real-estate-based Golden Visa (€500,000 property investment) has been abolished.
In person or by representative? Mixed. The notarial deed of sale requires personal appearance or a duly authorised representative (notarised power of attorney). Registration at the Land Registry is usually handled by the notary or a gestoría (administrative agent).
NIE — mandatory requirement:
A NIE (Número de Identificación de Extranjero) is compulsory for any notarial property transaction in Spain. The NIE is a tax identification number only — it does not confer residency or right of stay. How to apply: procedimientos/nie-como-solicitar.
Key purchase steps:
- Get the NIE before any signing (see procedimientos/nie-como-solicitar).
- Notary deed: a public deed (escritura pública) is required before a Spanish notary; mandatory for Land Registry registration.
- Pay taxes (see below).
- Land Registry inscription (registradores.org): provides legal protection against third parties and is essential for future mortgaging or selling. The notary usually submits this electronically.
Purchase taxes:
| Situation | Tax | Indicative rate |
|---|---|---|
| New-build (first sale from developer) | VAT (IVA) | 10% of price (4% for special-regime VPO, art. 91.Dos.1.6º LIVA) |
| New-build | Stamp Duty (AJD) | set by each region; in the Comunitat Valenciana, 0.1% for a main home and 1.4% in all other cases |
| Second-hand property | Transfer Tax (ITP) | set by each region; in the Comunitat Valenciana, 9% (11% if the property is worth more than €1,000,000) |
| Sale of the home | Municipal capital gains (plusvalía) | paid by the seller; if the seller is a non-resident individual, the buyer pays it as substitute taxpayer (art. 106 TRLRHL) |
| Seller not a tax resident | 3% withholding (Modelo 211) | withheld and paid by the buyer within 1 month (art. 25.2 TRLIRNR) |
Each autonomous community (CCAA) sets its own ITP and AJD rates. Check the regional tax authority portal for the property's location.
Details with the Comunitat Valenciana rates, the Catastro reference value and the 3% withholding when the seller is not a tax resident: taxes when buying a home.
Annual taxes after purchase:
- IBI: local property tax, set by the municipality based on cadastral value.
- IRNR (Non-Resident Income Tax): if you are not a Spanish tax resident, you must declare imputed rental income each year, even if the property is not rented out (art. 24.5 RDLeg 5/2004). Rates:
- 19% for EU/EEA residents (art. 25 RDLeg 5/2004)
- 24% for non-EU/EEA residents
- Declaration form: Modelo 210 (filed from 1 April to 31 December of the year after the tax year, art. 5.b of Orden EHA/3316/2010). Portal: sede.agenciatributaria.gob.es
Mortgage for non-residents:
Spanish banks do lend to non-residents, typically on more restrictive terms. As a market indication (not a legal limit), lenders commonly offer up to 60–70% loan-to-value for non-residents (vs. 80% for residents). Actual terms vary by institution; check directly with banks.
⚠️ The 60–70% LTV figure is market practice, not a legally regulated cap. Verify current conditions with each lender.
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Real-estate Golden Visa — ABOLISHED:
The investor residence visa/permit for property investments of €500,000 (arts. 63–67, Law 14/2013) has been abolished. The Government announced this measure and it was enacted legislatively.
Norm: Ley Orgánica 1/2025, de 2 de enero (BOE-A-2025-76) amended arts. 63–67 of Law 14/2013 with effect from 3 April 2025, removing the residence-by-real-estate-investment route. Verified via the BOE amendment graph: Law 14/2013 — analysis.
What IS certain: purchasing property at any price does not grant any residency right under current law. For residency options, see legalizacion/.
Informational only; check the official source and a professional for your specific case.
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