Military Authorisation to Buy Property in Spain: What Non-EU Buyers Need to Know
Article contributed with input from De Salvador, a member firm of Property-Lawyers.com.
Short answer: foreigners can generally buy property in Spain on the same terms as Spanish nationals. The exception is land in areas classed as of interest for national defence, which include the Balearic and Canary Islands. There, buyers who are not EU nationals, including British nationals since Brexit, may need prior military authorisation. In practice it affects mainly rustic (non-urban) land, such as fincas and country houses, and can take several months to obtain.
The legal basis
The requirement comes from Law 8/1975 on zones and installations of interest for national defence and its implementing regulation, Royal Decree 689/1978. These rules restrict acquisitions by foreigners in designated areas. Besides certain zones on the mainland, they cover the islands, which is why the issue is so relevant to buyers in Mallorca, Menorca, Ibiza and the Canaries.
Who needs military authorisation?
| Buyer | Authorisation needed? |
|---|---|
| Spanish nationals | No |
| EU nationals | No, they are treated like Spanish nationals |
| British nationals (since 1 January 2021) | Yes, in affected zones, like other non-EU buyers |
| Other non-EU nationals (US, Canada, Australia, Switzerland, etc.) | Yes, in affected zones, subject to any applicable agreement |
| Spanish companies controlled by non-EU investors | May be required, depending on the ownership structure |
Which properties are affected?
Urban land has in practice been excluded from the requirement, so buying an apartment or a house in a town or urbanisation does not normally require authorisation. The requirement remains relevant for rustic land: fincas, country houses and plots outside urban areas.
The rules can also apply to other transactions involving rights over affected land, such as certain constructions, mortgages or acquisitions by inheritance. Your lawyer should check whether your specific transaction is caught.
How the application works
- Identify the property: the application relates to a specific property, so you cannot obtain a generic authorisation in advance.
- Gather documents: the buyer’s identification, a criminal record certificate and the property details, such as the cadastral reference and registry information.
- File the application with the competent defence authority, usually through your lawyer.
- Wait for the decision: processing has historically taken several months, so it must be built into the purchase timetable.
- Complete the purchase before the notary once the authorisation has been granted.
Protect your deposit: if you need military authorisation, make the purchase contract conditional on obtaining it, with a long enough deadline and a clear right to recover your deposit if it is refused. Sellers who want a quick completion often resist this, so negotiate it before signing the arras contract.
Is the rule going to change?
The requirement has been criticised as outdated, and there have been political proposals in the Balearic Islands to remove it for non-EU buyers. Until the law is actually amended, it remains a condition to check in every rural purchase by a non-EU buyer. Ask your lawyer to confirm the current position at the time of your transaction.
Frequently asked questions
Do British buyers need military authorisation in Mallorca?
Since 1 January 2021, British nationals are treated as non-EU buyers. They may need authorisation to buy rustic land in the Balearic Islands, but not normally for urban property.
Do I need it to buy an apartment in Palma?
Normally not. Urban land has in practice been excluded from the requirement.
How long does military authorisation take?
Processing has historically taken several months. Build that into the contract deadlines and avoid committing to a quick completion date.
What happens if the authorisation is refused?
The purchase cannot go ahead as planned. A well-drafted contract should let you recover your deposit in that case.
Related guides
Buying a finca as a non-EU buyer?
A local property lawyer can confirm whether you need authorisation and handle the application.
General information, not legal advice. Rules and administrative practice can change; confirm the current requirements with your lawyer.
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