Buying Property on the Costa del Sol as a Foreigner

Buying Property in Spain as a Foreigner

Spain is one of the most popular destinations in the world for international property buyers, and the Costa del Sol sits at the top of that list. But for many people, buying property in Spain as a foreigner raises a lot of questions. What is the process? What costs should you expect? Are there any restrictions? This guide walks you through everything you need to know, step by step, so you can approach your purchase with confidence.

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Can Foreigners Buy Property in Spain?

Yes, and with very few restrictions. Buying property in Spain as a foreigner is a well-established, legally straightforward process regardless of your nationality. Spain welcomes international buyers, and the legal framework governing property transactions is transparent and well-regulated. Whether you are from within the EU or from further afield, the process is essentially the same.

Step 1: Obtain Your NIE Number

The NIE (Numero de Identidad de Extranjero) is a Spanish tax identification number required for any property transaction in Spain. You will also need it to open a Spanish bank account, pay taxes, and handle utility contracts.

You can apply for an NIE at a Spanish consulate in your home country or at a local police station in Spain. It is one of the first steps to take, as processing times can vary and you will need it before contracts are signed.

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Step 2: Open a Spanish Bank Account

While not legally mandatory, having a Spanish bank account makes the transaction significantly smoother. It simplifies the transfer of purchase funds, the payment of taxes, and the ongoing management of utility bills and community fees after completion.

Most major Spanish banks offer non-resident accounts, and the process for opening one is relatively straightforward with the right documentation.

Step 3: Appoint a Independent Lawyer

This step is not legally required, but it is strongly recommended. When buying property in Spain as a foreigner, an independent lawyer who specialises in Spanish property law will carry out due diligence on the property, verify that there are no outstanding debts or legal encumbrances, review the purchase contract, and guide you through the signing process. Their fee is a small price for significant peace of mind.

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Step 4: Sign the Reservation Agreement and Pay the Deposit

Once you have identified a property and agreed on a price, a reservation agreement is typically signed. This takes the property off the market and is accompanied by a reservation deposit, usually between 3,000 and 6,000 euros depending on the property.

This is followed by a private purchase contract (contrato de arras), at which point a further deposit, typically 10 percent of the purchase price, is paid. At this stage, both parties are legally committed to the transaction.

Step 5: Complete at the Notary

The final step is signing the title deed (escritura publica) before a Spanish notary. The remaining balance of the purchase price is transferred, taxes and fees are paid, and ownership is formally transferred to you. The notary registers the transaction with the Land Registry.

What Costs Should You Budget For?

When buying property in Spain as a foreigner, the purchase price is only part of the total outlay. Additional costs typically include:

  • Transfer tax (ITP): For resale properties, this ranges from 7 to 10 percent of the purchase price depending on the region. In Andalusia, the rate is currently 7 percent.
  • VAT and stamp duty: For new-build properties, VAT of 10 percent applies, plus stamp duty of around 1.2 percent in Andalusia.
  • Notary and Land Registry fees: Typically 0.5 to 1 percent of the purchase price combined.
  • Legal fees: Usually 1 to 1.5 percent of the purchase price.

 

In total, buyers should budget for between 10 and 13 percent of the purchase price on top of the agreed sale price to cover all taxes and fees.

Ready to Start Your Search on the Costa del Sol?

Buying property in Spain as a foreigner is a well-trodden path, and with the right team beside you, it is a rewarding one. At Crinoa, we guide international buyers through every stage of the process, from identifying the right property across Marbella, Benahavís, and Estepona, to connecting you with trusted legal and financial professionals.

Contact Crinoa today and let us help you find your place on the Costa del Sol.

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FAQ

Do I need to be a resident in Spain to buy property there?

No. Buying property in Spain as a foreigner does not require residency. You can purchase as a non-resident and use the property as a holiday home, rent it out, or hold it as an investment. Residency and property ownership are entirely separate matters under Spanish law.

Yes, though non-resident mortgages typically come with different conditions to those available for residents. Spanish banks generally lend up to 70 percent of the property value to non-residents, compared to up to 80 percent for residents. It is advisable to explore financing options early in the process.

From agreeing a price to completing at the notary, the process typically takes between six and twelve weeks. Obtaining your NIE, opening a bank account, and transferring funds internationally can all take time, so starting early is advisable.

Yes. Property owners in Spain pay an annual local property tax (IBI), and non-residents are also subject to imputed income tax on properties not rented out. If you do rent the property, rental income is taxable in Spain. A local tax adviser can help you understand your obligations.

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