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Buying or Selling Property in Spain

Legal Guide · Updated 2026

Buying or Selling Property in Spain
Your Most Common Questions Answered

By Property-Lawyers.com
Updated May 2026
⏱ 9 min read
✔ Reviewed by qualified Spanish lawyers

From taxes and timelines to lawyers, mortgages and buying remotely — this guide answers the questions every international buyer and seller in Spain needs answered before committing any funds.

6–13%
ITP transfer tax range across Spain
10–15%
Total purchase costs on top of price
8–12 wks
Typical purchase timeline
19 / 24%
Capital gains tax — EU vs non-EU sellers
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Who is this guide for? Non-Spanish nationals buying or selling residential property in Spain — whether in Mallorca, Marbella, Barcelona, Madrid, or anywhere else in Spain. The legal framework is the same across the country — what changes are the tax rates by region.

1. What taxes do I pay when buying property in Spain?

The taxes you pay when buying in Spain depend on two things: whether the property is a new build from a developer or a resale from a private owner, and which autonomous community (region) it is located in.

Resale properties — Transfer Tax (ITP)

When buying from a private seller, you pay Impuesto de Transmisiones Patrimoniales (ITP). Rates are set by each autonomous community and range from 6% in Madrid to a progressive scale reaching 13% in the Balearic Islands for high-value properties.

New build properties — VAT + Stamp Duty

Buying from a developer means paying IVA (VAT) at 10% for residential properties, plus AJD (Stamp Duty) at between 0.5% and 1.5% depending on the region. ITP and VAT are mutually exclusive — you never pay both.

Cost Resale New Build
Transfer Tax (ITP) 6–13% depending on region Not applicable
VAT (IVA) Not applicable 10% residential / 21% commercial
Stamp Duty (AJD) Not applicable 0.5–1.5% depending on region
Notary fees ~0.2–0.5% ~0.2–0.5%
Land Registry ~0.1–0.25% ~0.1–0.25%
Legal fees 0.5–1% + 21% IVA 0.5–1% + 21% IVA
Typical total on top of purchase price 10–15% 12–15%
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Valor de Referencia: Since 2022, the Spanish tax authority uses an official Reference Value as the minimum taxable base for ITP. Even if you agree a lower purchase price, ITP may be calculated on this higher figure. Your lawyer must check the Valor de Referencia before you make any offer.

2. What taxes do I pay when selling property in Spain?

Selling property in Spain triggers two main taxes for the seller: Capital Gains Tax and Plusvalía Municipal.

Capital Gains Tax (CGT)

CGT is calculated on the profit — the difference between the purchase price (plus acquisition costs and improvements) and the sale price (minus selling costs). The rate depends on your tax residency:

  • Spanish tax resident: 19% on first €6,000 gain; 21% on €6,001–€50,000; 23% on €50,001–€200,000; 27% above €200,000
  • EU/EEA non-resident: flat 19%
  • Non-EU non-resident: flat 24%
  • 3% withholding rule: For non-residents, the buyer withholds 3% of the sale price and pays it directly to the Tax Agency as a CGT advance. The seller settles the difference (or claims a refund) within 4 months.

Plusvalía Municipal

This local tax, paid to the Ayuntamiento, is based on the increase in cadastral land value during your ownership period. Sellers who sell at a loss are formally exempt since the 2021 Constitutional Court ruling. Your lawyer calculates your exact liability before you commit to a sale price.

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CGT exemption for residents: If you are a Spanish tax resident selling your primary home and you reinvest the full proceeds into another primary residence within 2 years, you are exempt from CGT entirely. Partial reinvestment qualifies for a proportional exemption. Ask your lawyer about eligibility.

3. How long does it take to buy a property in Spain?

A typical resale purchase takes 8–12 weeks from accepted offer to notary completion. The main phases:

Before you search
Engage your lawyer and apply for NIE

Appoint your lawyer before making any serious offer. Apply for your NIE number immediately — required before any contract can complete.

Weeks 1–2
Reservation contract + deposit

A reservation contract takes the property off the market. Your lawyer reviews it before you pay the reservation deposit (typically €3,000–€10,000).

Weeks 2–4
Legal due diligence

Your lawyer carries out Land Registry checks, planning verification, IBI and community fee checks, and reviews the energy certificate. Any issues flagged before you commit further funds.

Weeks 3–5
Contrato de arras — 10% deposit

The private purchase contract is signed and 10% deposit paid. Legally binding. If the seller pulls out, they return double the deposit.

Weeks 5–9 (if applicable)
Mortgage processing

Spanish law requires a mandatory 10-day reflection period after the binding FEIN mortgage offer is issued. Factor this into your completion date.

Weeks 8–12
Notary completion

The escritura pública is signed, funds paid, and keys handed over. Your lawyer pays all taxes within the legal deadlines and registers the deed at the Land Registry.

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Off-plan new builds can take 12–24 months from contract to completion depending on the construction stage. Bank guarantees for stage payments are mandatory under Spanish law — your lawyer ensures these are in place before you pay anything.

4. Do I need a property lawyer to buy in Spain?

Using a property lawyer is not legally compulsory in Spain — but it is one of the most consequential decisions you will make. The risks of buying without independent legal advice are well-documented and often very costly.

The key point: your estate agent works for the transaction, the notary is a neutral state official, and the developer’s lawyer works for the developer. None of them act in your sole interest. Only an independent property lawyer does.

  • Land Registry checks — verifying ownership and identifying debts, charges, or encumbrances
  • Planning due diligence — confirming building licences and compliance with local planning rules
  • Contract review — analysing every clause in the reservation contract and contrato de arras before you sign
  • Tax advice — calculating your exact ITP or VAT liability before you commit
  • NIE and bank account — managing the paperwork required before completion
  • Notary representation — attending in person or via Power of Attorney
  • Post-completion — paying taxes on time, registering title, transferring utilities

Legal fees are typically 0.5–1% of the purchase price plus 21% IVA. On a €400,000 property, that is €2,000–€4,000 — a small cost relative to the protection it provides.

Find an independent property lawyer in Spain

All lawyers in our network are English-speaking, independent, and experienced with foreign buyers.

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5. How much mortgage can I get in Spain as a foreign buyer?

Spanish banks lend based on a bank-commissioned valuation of the property, not the agreed purchase price. Lending limits in 2026:

  • Non-resident buyers: up to 60–70% of the bank’s valuation
  • Spanish tax residents: up to 80% of the bank’s valuation
  • The bank valuation may be lower than the purchase price — especially in less predictable markets
  • Repayments must not exceed 35–40% of your net monthly income across all debts
💡

Arrange finances before the arras: The 10% contrato de arras deposit is at risk if you cannot complete. Secure mortgage pre-approval or confirm sufficient funds before signing. Your lawyer can include a condición resolutoria (mortgage condition clause) to protect you if finance falls through.

6. What is the contrato de arras?

The contrato de arras penitenciales is the private purchase contract signed between buyer and seller, typically 3–5 weeks after offer acceptance. It is legally binding under Spanish law and establishes:

  • The agreed purchase price
  • The completion date at the notary
  • The 10% deposit paid by the buyer on signing
  • Penalty clauses: seller withdraws → returns double the deposit; buyer withdraws → forfeits the deposit
  • Conditions precedent — mortgage approval, satisfactory due diligence, etc.
⚠️

Never sign the arras without legal review. Once signed, the 10% deposit is at risk. Your lawyer must review the contract before you sign — checking for unfair clauses, confirming the legal status of the property, and ensuring the completion date is realistic.

7. What is a NIE number and do I need one?

The NIE (Número de Identificación de Extranjero) is the Spanish tax identification number for foreign nationals. It is mandatory for all property purchases — without it, you cannot sign a title deed, open a Spanish bank account, or pay property taxes.

  • In person in Spain — at a National Police station with an appointment. Allow 2–4 weeks
  • Via Power of Attorney — your Spanish lawyer applies on your behalf. Most practical for buyers not yet in Spain
  • At a Spanish consulate — in your home country before travelling

Apply for your NIE as early as possible — before you find a property if you can. It is a prerequisite for every subsequent step in the purchase.

8. Can I buy property in Spain without travelling?

Yes. Many international buyers complete their entire Spanish purchase remotely using a Power of Attorney (Poder Notarial), which authorises your Spanish property lawyer to act on your behalf at every stage — signing contracts, obtaining your NIE, opening a bank account, paying taxes, attending the notary, and registering the title deed.

The Power of Attorney can be executed:

  • Before a Spanish notary — if you visit Spain at any point during the process
  • At a Spanish consulate — in your home country (UK, US, Germany, etc.)
  • Before a local notary with Apostille — in your home country; the document is then legalised for use in Spain

9. Can UK citizens still buy property in Spain after Brexit?

Yes — absolutely. Brexit has no effect on property purchase rights in Spain. UK nationals can buy, own, and sell property freely with no restrictions.

What has changed for UK buyers since January 2021:

  • Mortgage LTV: UK buyers (as non-EU non-residents) are typically limited to 60–70% LTV rather than 80%
  • Non-resident income tax (IRNR): UK owners pay 24% on rental or imputed income, rather than the 19% EU rate
  • 90/180-day rule: Without a visa, UK nationals can spend a maximum of 90 days in any 180-day period in the Schengen Area. Property ownership does not grant the right to remain longer
  • Residency routes: The Non-Lucrative Visa, Digital Nomad Visa, and other routes are available for UK buyers wishing to live in Spain long-term. Your lawyer can advise on these alongside the property purchase

10. ITP transfer tax rates by region (2026)

Transfer Tax varies significantly across Spain. Choosing the right region is as much a financial decision as a lifestyle one.

Frequently Asked Questions — Buying or Selling Property in Spain

The main tax on a resale property is ITP (Transfer Tax), ranging from 6% (Madrid) to 13% (Balearic Islands on high values). For new builds from a developer: VAT at 10% plus Stamp Duty (AJD) at 0.5–1.5%. Add notary fees, Land Registry, and legal costs and total purchase costs typically run to 10–15% above the purchase price. Your lawyer will provide an exact breakdown before you commit.

Capital Gains Tax on the profit: 19% for EU/EEA residents, 24% for non-EU non-residents. Spanish residents have a progressive scale (19–27%). Non-resident sellers have 3% of the sale price withheld by the buyer as a CGT advance — you then file a return within 4 months to settle the balance or claim a refund. You also pay Plusvalía Municipal — a local tax on the increase in land value — to the Ayuntamiento.

Not legally required, but strongly recommended. Your agent represents the deal; the notary is neutral. Only an independent lawyer acts solely in your interest — carrying out due diligence, reviewing all contracts, handling taxes, and protecting you at every stage. Legal fees are 0.5–1% + IVA — a small cost relative to the risk of proceeding without one.

The NIE (Número de Identificación de Extranjero) is the Spanish tax ID number required for all property purchases. You cannot complete a purchase, open a Spanish bank account, or pay taxes without one. Your lawyer can apply on your behalf using a Power of Attorney — the most practical route for buyers outside Spain. Allow 2–4 weeks for processing.

Yes — fully legally binding. The contrato de arras is the private purchase contract signed before notary completion, with a 10% deposit. If the seller withdraws, they must return double the deposit. If the buyer withdraws, they lose the deposit entirely. Never sign this document without having your lawyer review it first.

Non-resident buyers can typically borrow 60–70% of the bank’s valuation (not the purchase price). Spanish tax residents can borrow up to 80%. The bank commissions its own valuation, which may be lower than the agreed price — meaning you may need more cash than expected. Income must support repayments at no more than ~35–40% of net monthly income.

Yes. A Power of Attorney (Poder Notarial) authorises your Spanish lawyer to act on your behalf at every stage — signing contracts, paying taxes, attending the notary. It can be signed at a Spanish consulate in your home country or before a local notary with an Apostille. Many international buyers complete their purchase entirely remotely.

Yes — there are no restrictions on property purchase. What changed: UK buyers are treated as non-EU for mortgage purposes (60–70% LTV), pay 24% non-resident income tax on rentals, and face the 90/180-day Schengen rule for visits without a visa. Property ownership does not grant residency rights. Separate visa applications are required for stays over 90 days in any 180-day period.

Yes, but with important caveats. Before purchasing, your lawyer must verify: the land’s classification (suelo urbano, urbanizable, or rústico); what can legally be built and at what density; and any environmental protections. Never assume land can be built on — always verify with the local Ayuntamiento first. Rural land in protected areas may have severe or total restrictions on development.

Rental income from Spanish property is taxable in Spain regardless of where you live. Non-residents pay IRNR — 19% (EU/EEA) or 24% (non-EU) on gross rental income, filed quarterly. Spanish residents declare rental income in their annual IRPF return and may deduct allowable expenses. Tourist rentals require a regional tourist licence and compliance with local regulations, which vary significantly by autonomous community. A Spanish tax advisor is strongly recommended.

Legal disclaimer: This guide is for general informational purposes only and does not constitute legal or tax advice. Laws and regulations in Spain change frequently and vary by autonomous region. Always consult a qualified Spanish property lawyer before signing any contract or transferring any funds. Property-Lawyers.com connects buyers with legal professionals but does not itself provide legal advice.

PL
Property-Lawyers.com Editorial Team
Spanish Real Estate Legal Specialists · Updated May 2026
Our editorial team collaborates with vetted English-speaking property lawyers and tax advisors across Spain to produce accurate, up-to-date legal guides for international buyers. All content is reviewed by qualified legal professionals with active practices in the Spanish real estate market.

Written by: Sophie Gutenberg

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