Authored by the expert who managed and guided the team behind the Spain Property Pack
Everything you need to know before buying real estate is included in our Spain Property Pack
Spain is one of the most popular destinations in Europe for foreign property buyers, with record-breaking transaction volumes in 2024 and 2025.
The country does not impose a blanket ban on foreign land ownership, but specific rules around defence zones, taxes, and registration can trip up buyers who skip proper due diligence.
We constantly update this blog post to reflect the latest legal changes, market data, and regional tax adjustments.
And if you're planning to buy a property in this place, you may want to download our pack covering the real estate market in Spain.
Insights
- Foreign buyers in Spain reached approximately 119,000 transactions by October 2025, putting the year on track to break the previous 2024 record of 139,102 purchases.
- In Alicante province, foreign buyers represented over 51% of all property transactions in 2025, the highest concentration in Spain.
- The average price paid by foreign buyers in Spain hit a record of 2,417 euros per square metre in the first half of 2025, significantly above the national average.
- Spain's Property Transfer Tax (ITP) varies dramatically by region, from 6% in Madrid to 10% or more in Catalonia, creating potential savings of 16,000 euros on a 400,000 euro property.
- Non-resident foreign buyers now represent 38% of overseas purchases, down from 51% in 2015, as more foreigners choose to become permanent residents.
- British buyers remain the largest foreign nationality purchasing in Spain with 5,731 homes bought in the first half of 2025, followed by Moroccans and Germans.
- Spain's Golden Visa programme ended for new applications in April 2025, removing the 500,000 euro property investment route to residency.
- The NIE application fee in Spain is just 9.84 euros in 2025, and processing can take anywhere from same-day issuance to 6 weeks depending on location and method.
Can a foreigner legally own land in Spain right now?
Can foreigners own land in Spain in 2026?
As of early 2026, foreigners from both EU and non-EU countries can legally purchase and own residential property in Spain, including the land that comes with it, without needing to obtain any special permit in most standard cases.
The main restriction that applies nationwide comes from Law 8/1975 and Royal Decree 689/1978, which designate certain "defence interest zones" near military installations, borders, and strategic coastal areas where foreign buyers (especially non-EU nationals) may need prior military authorisation before completing a purchase.
If direct ownership is blocked due to defence zone issues, the most common workaround is buying an apartment (where you own a unit plus a share of common elements rather than a distinct land parcel) or structuring a long-term lease arrangement.
Spain does not apply nationality-based restrictions in normal residential transactions, meaning a buyer from Canada, the United States, India, or any other country faces the same rules as an EU citizen, though non-EU buyers are statistically more likely to encounter defence zone scrutiny in coastal and island locations.
Can I own a house but not the land in Spain in 2026?
As of early 2026, Spain's legal framework does not commonly allow you to own a building separately from the land it sits on, as the typical structure is full ownership of both the plot and the construction together, which is reflected in the notarial deed.
When you buy an apartment in Spain, you receive ownership of your private unit plus a percentage share of the building's common elements (including the land footprint), which is documented in the property deed and registered at the Land Registry.
Since apartments do not involve separate land ownership, the question of what happens when a land lease expires does not apply in the same way it does in countries with leasehold systems, as your share of the common property (including land) is permanent.
We created this infographic to give you a simple idea of how much it costs to buy property in different parts of Spain. As you can see, it breaks down price ranges and property types for popular cities in the country. We hope this makes it easier to explore your options and understand the market.
Do rules differ by region or city for land ownership in Spain right now?
The core right for foreigners to buy property is set at the national level and does not vary between autonomous communities, but the practical experience of buying differs significantly due to regional tax administration and local planning enforcement.
Coastal areas, islands (especially the Balearics and Canaries), and zones near military installations are where defence zone restrictions are most likely to require additional authorisation, particularly for non-EU buyers.
The main reason for regional differences in buyer experience is that Spain's autonomous communities have full authority to set their own Property Transfer Tax (ITP) rates and local planning rules, which means buying in Madrid (6% ITP) costs substantially less in taxes than buying in Catalonia or Valencia (10% ITP).
We cover a lot of different regions and cities in our pack about the property market in Spain.
Can I buy land in Spain through marriage to a local in 2026?
As of early 2026, marriage to a Spanish citizen does not automatically grant a foreigner the right to bypass any property restrictions, meaning if a defence zone authorisation is required for you personally, your marital status will not change that requirement.
Foreign spouses should ensure that ownership is clearly documented in the purchase deed, whether jointly or individually, and should understand how Spain's marital property regimes (like gananciales or separación de bienes) affect who owns what in the event of a dispute.
If the marriage ends in divorce, Spanish family law will govern how marital property is divided, and the foreign spouse's interest will depend on the chosen matrimonial property regime, the deed structure, and any prenuptial agreements in place.
There is a lot of mistakes you can make, we cover 99% of them in our list of risks and pitfalls people face when buying property in Spain.
We have made this infographic to give you a quick and clear snapshot of the property market in Spain. It highlights key facts like rental prices, yields, and property costs both in city centers and outside, so you can easily compare opportunities. We’ve done some research and also included useful insights about the country’s economy, like GDP, population, and interest rates, to help you understand the bigger picture.
What eligibility and status do I need to buy land in Spain?
Do I need residency to buy land in Spain in 2026?
As of early 2026, you do not need to be a resident of Spain to buy residential property, as non-residents purchase real estate in Spain every day without any special visa or permit requirement.
The only mandatory identification you need is an NIE (Numero de Identidad de Extranjero), which is the foreigner identification number used for all tax, notarial, and registry filings related to your purchase.
It is legally possible to buy property in Spain remotely by granting a power of attorney to a Spanish lawyer or trusted representative, who can sign the deed and handle all filings on your behalf without you ever setting foot in the country.
Do I need a local tax number to buy lands in Spain?
Yes, foreigners must obtain an NIE (Numero de Identidad de Extranjero) before completing a property purchase in Spain, as this number appears on your deed, tax filings, and Land Registry records.
The NIE application process involves completing form EX-15, paying a fee of approximately 9.84 euros, and either attending an appointment in Spain or applying through a Spanish consulate abroad, with processing times ranging from same-day issuance to several weeks depending on location.
While not legally required in all cases, opening a Spanish bank account is strongly recommended because you will need it to pay taxes, notary fees, utility bills, community charges, and potentially receive rental income or pay mortgage installments.
Is there a minimum investment to buy land in Spain as of 2026?
As of early 2026, there is no minimum purchase price or investment threshold required for foreigners to legally buy residential property in Spain, meaning you can purchase at any price point the market offers.
The previous Golden Visa programme, which offered residency to those investing 500,000 euros or more in real estate, ended for new applications in April 2025, so buying property no longer provides an automatic path to Spanish residency regardless of the amount invested.
Are there restricted zones foreigners can't buy in Spain?
Spain does not have a blanket "foreigners cannot buy here" rule, but certain areas designated as defence interest zones under Law 8/1975 can require military authorisation before a foreign buyer completes a purchase.
Defence zones typically include areas near military bases, strategic border regions, and certain coastal and island locations, with the Balearic Islands, Canary Islands, and parts of the Mediterranean coast being the most commonly affected.
Before paying any significant deposit, your lawyer should check the property's status by consulting with the relevant authorities and verifying whether any authorisation is required based on the property's location and your nationality.
Can foreigners buy agricultural, coastal or border land in Spain right now?
Foreigners can generally purchase agricultural, coastal, and border land in Spain, though each category comes with its own set of practical challenges that require careful due diligence before committing.
Agricultural and rural land purchases are where foreigners most frequently run into problems, not because of ownership bans, but because of unregistered structures, rustic zoning that prohibits residential use, or illegal builds that cannot be regularised.
Coastal properties are popular with foreign buyers (the Valencian Community, Balearics, and Andalucia see the highest concentrations), but these are also the areas where defence zone authorisation is most likely to be required, particularly for non-EU buyers.
Border areas fall under the same defence zone framework, meaning properties near Spain's frontiers with France, Portugal, Andorra, or Gibraltar may require additional clearance depending on their exact location and the buyer's nationality.
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What are the safest legal structures to control land in Spain?
Is a long-term lease equivalent to ownership in Spain right now?
A long-term lease in Spain provides a contractual right to use a property, but it is fundamentally different from ownership because it does not give you a registered property right that appears in the Land Registry and is protected against third-party claims.
Spain's Civil Code allows lease terms to be negotiated freely between parties, and while residential leases have statutory protections, leases used as ownership substitutes (like rustic or commercial leases) can be structured with longer durations and renewal options depending on the contract.
Lease rights can sometimes be sold, transferred, or bequeathed if the contract explicitly permits it, but this is entirely dependent on the lease terms and the landlord's consent, unlike ownership which is freely transferable by operation of law.
Can I buy land in Spain via a local company?
Foreigners can purchase property in Spain through a locally registered company (a Spanish SL or SA), which is sometimes used for tax planning, privacy, or business purposes, though this does not automatically bypass any ownership restrictions that would apply to an individual.
If a property is in a defence interest zone, the company's ownership structure and ultimate beneficial owners may still be scrutinised, and the same authorisation requirements can apply if the controlling shareholders are foreign nationals.
What "grey-area" ownership setups get foreigners in trouble in Spain?
Grey-area ownership arrangements are more common than they should be in Spain, particularly affecting foreign buyers in rural areas and coastal hotspots where legal shortcuts are sometimes offered as "normal practice."
The most common problematic setups include buying via private contract only without notarial deed and registry inscription, using nominee or "straw owner" arrangements to avoid paperwork, and purchasing rustic land with buildings that lack proper permits or legal registration.
If authorities discover that a foreigner is using an illegal structure, consequences can include the deal being declared void, the property being seized by legitimate creditors, demolition orders for illegal constructions, or tax penalties and fines for undeclared arrangements.
By the way, you can avoid most of these bad surprises if you go through our pack covering the property buying process in Spain.
We did some research and made this infographic to help you quickly compare rental yields of the major cities in Spain versus those in neighboring countries. It provides a clear view of how this country positions itself as a real estate investment destination, which might interest you if you’re planning to invest there.
How does the land purchase process work in Spain, step-by-step?
What are the exact steps to buy land in Spain right now?
The standard process involves obtaining your NIE, finding a property, paying a reservation fee, conducting due diligence (including pulling a Land Registry extract to verify ownership, charges, and boundaries), signing a deposit contract (arras), signing the public deed before a notary, paying purchase taxes, and registering ownership at the Land Registry.
A straightforward apartment purchase can complete in 4 to 10 weeks, while more complex transactions involving rural land, villas with planning questions, or properties requiring defence zone authorisation can take 2 to 4 months or longer.
The key documents you will sign include an optional reservation agreement, the arras (deposit contract) which typically binds both parties with penalty clauses, and the escritura publica (notarial deed) which is the official purchase document that gets registered and triggers tax obligations.
What scams are common when it comes to buying land in Spain right now?
What scams target foreign land buyers in Spain right now?
Property scams targeting foreign buyers exist in Spain, particularly in areas with high concentrations of international purchasers like the Costa del Sol, Costa Blanca, and the Balearic Islands, though the overall market is well-regulated compared to many countries.
The most common scams include sellers who do not actually own the property or lack authority to sell, hidden charges (mortgages, embargoes, or tax debts) that only surface after purchase, and illegal builds sold as legitimate homes, especially on rustic land.
Warning signs include pressure to pay large deposits before proper checks, sellers who resist having a lawyer review documents, prices that seem too good to be true, and any reluctance to provide a Land Registry extract showing the current legal status.
Foreigners who fall victim to property fraud in Spain can pursue civil claims through Spanish courts and may report criminal fraud to the police, though recovery can be slow and expensive, which is why prevention through proper due diligence is far more effective.
We cover all these things in length in our pack about the property market in Spain.
How do I verify the seller is legit in Spain right now?
The most reliable way to verify a seller's legitimacy is to obtain a Land Registry extract (nota simple) which shows the registered owner, the property description, and any charges or encumbrances, rather than relying on what the seller claims.
To confirm the title is clean, your lawyer should review the nota simple carefully, checking that the seller named in your contract matches the registered owner and that there are no mortgages, embargoes, usufruct rights, or pending legal claims recorded against the property.
Checking for liens and debts involves reviewing the Land Registry extract for registered charges, but your lawyer should also verify that community fees (for apartments) are paid up and that local property taxes (IBI) are current, as these debts can follow the property to the new owner.
A Spanish lawyer (abogado) with property experience is the most essential professional for verification, as notaries in Spain verify signatures and formal requirements but do not perform due diligence or protect the buyer's interests.
How do I confirm land boundaries in Spain right now?
The standard procedure for confirming boundaries involves reviewing the Land Registry description, comparing it with Catastro (cadastral) records which include mapping data, and for land-heavy purchases, commissioning a physical survey from a licensed surveyor or architect.
Official documents to review include the nota simple from the Land Registry (which describes the property's legal boundaries), the cadastral certificate from Catastro (which shows the mapped footprint), and the IBI tax receipt (which links to the cadastral reference).
Hiring a licensed surveyor (topografo) is not legally required but is strongly recommended for villa plots, rural land, or any property where the physical boundaries on the ground may not match the registered description.
Common boundary problems in Spain include discrepancies between the Land Registry and Catastro records, encroachments by neighbours that were never formalised, and properties where extensions or constructions exceed the registered footprint, all of which can create headaches at resale or with insurance claims.
Buying real estate in Spain can be risky
An increasing number of foreign investors are showing interest. However, 90% of them will make mistakes. Avoid the pitfalls with our comprehensive guide.
What will it cost me, all-in, to buy and hold land in Spain?
What purchase taxes and fees apply in Spain as of 2026?
As of early 2026, total purchase taxes and fees in Spain typically range from 10% to 15% of the property price, with the exact amount depending heavily on whether you are buying a resale or new build and which autonomous community the property is located in.
For resale properties, the typical closing cost range is 10% to 14%, with the Property Transfer Tax (ITP) being the largest component at 6% to 11% depending on the region, plus notary fees (600 to 1,200 euros), Land Registry fees (400 to 700 euros), and legal/admin costs.
The main individual costs are: ITP (6% to 11% for resales, region-dependent) or IVA (10% VAT) plus AJD (0.5% to 1.5% stamp duty) for new builds, notary fees, registry fees, lawyer fees (typically 1% to 1.5%), and gestor (administrative agent) fees.
Foreign buyers pay the same nominal tax rates as Spanish buyers, though they rarely qualify for the reduced rates that some regions offer to young buyers, large families, or first-time purchasers who establish primary residence.
What hidden fees surprise foreigners in Spain most often?
Hidden or unexpected fees in Spain can add 2% to 5% beyond the standard tax calculations, with the biggest surprises coming from regional ITP variations, currency exchange costs, and post-purchase obligations that buyers did not budget for.
The top specific hidden fees include: higher-than-expected ITP in regions like Catalonia or Valencia (10% vs Madrid's 6%), currency exchange spreads and bank fees when transferring large sums (potentially 1% to 3% of the amount), community of owners special assessments, and the costs of regularising planning or registry issues discovered after purchase.
These hidden costs typically surface at different stages: regional tax differences become clear when you choose a location, currency costs appear at completion when you transfer funds, and community assessments or regularisation costs often emerge only after you have already bought.
The best protection is to work with a local lawyer who provides a full cost breakdown before you sign anything, get quotes from specialist currency transfer services rather than using high-street banks, and always request proof that community fees and local taxes are current before completion.
We made this infographic to show you how property prices in Spain compare to other big cities across the region. It breaks down the average price per square meter in city centers, so you can see how cities stack up. It’s an easy way to spot where you might get the best value for your money. We hope you like it.
What sources have we used to write this blog article?
Whether it's in our blog articles or the market analyses included in our property pack about Spain, we always rely on the strongest methodology we can, and we don't throw out numbers at random.
We also aim to be fully transparent, so below we've listed the authoritative sources we used, and explained how we used them and the methods behind our estimates.
| Source | Why it's authoritative | How we used it |
|---|---|---|
| Spanish Official State Gazette (BOE) | Spain's official, legally binding publication of national law. | We used it to confirm the defence zone restrictions that can affect foreign buyers. We relied on it to distinguish law from market rumour. |
| Spanish National Police (NIE Portal) | The official government procedure for NIE applications. | We used it to confirm the NIE process and requirements for property buyers. We anchored the "first admin step" that all foreign buyers must take. |
| Registradores de Espana | The official platform of Spain's property registrars. | We used it to explain what the Land Registry extract shows. We relied on it for the practical steps to verify title and ownership. |
| Colegio de Registradores (Statistics) | Official, nationwide registry-based data on sales and foreign buyers. | We used it to ground foreign buying statistics in real transaction data. We avoided guesswork about market volumes and regional patterns. |
| Consejo General del Notariado | Notaries record signed deeds, reflecting actual completed sales. | We used it to cross-check market data with an independent official source. We validated that our process description matches notarial reality. |
| Agencia Tributaria (AEAT) | Spain's national tax agency and the reference for VAT rules. | We used it to explain when IVA applies versus ITP. We framed tax obligations without relying on unofficial sources. |
| Junta de Andalucia (Tax Portal) | Official regional tax authority for Andalucia. | We used it to show that ITP rates really are region-dependent. We justified giving tax ranges and advising buyers to verify their specific region. |
| Banco de Espana | Spain's central bank provides top-tier macro and housing data. | We used it to contextualise market timing and conditions. We avoided making a purely legal article that ignores real-world buying friction. |
| idealista/news | Major property portal citing official Registradores data. | We used it to add readable regional examples. We kept it secondary and only cited where it clearly pointed back to official data. |
| CaixaBank Research | Respected banking research with detailed housing market analysis. | We used it to understand foreign buyer trends and market dynamics. We cross-referenced their data with official registry statistics. |
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