Buying a property in Spain has never been easier.

With just a few clicks, international buyers can browse villas in Mallorca, apartments in Barcelona, or beachfront homes on the Costa del Sol. Platforms inspired by Airbnb have transformed the way people search, compare and choose properties, making the process fast, visual and intuitive.

But while the search experience has evolved, one critical part of the journey remains complex—and often underestimated:

the legal process.

Because buying a property in Spain is not just about finding the right home.
It’s about making sure that what you’re buying is legally sound, financially secure, and free from hidden risks.

And that’s where a qualified property lawyer becomes essential.

Why the Legal Side of Buying Property in Spain Matters

For many international buyers, Spain offers an attractive combination of lifestyle and investment potential. However, the legal framework behind property transactions is very different from what buyers may be used to in their home countries.

Unlike some markets where the process is standardised and heavily regulated through agents, in Spain the responsibility for due diligence often falls on the buyer—and their lawyer.

This means that without proper legal guidance, buyers can unknowingly expose themselves to serious risks.

These may include:

• Properties with outstanding debts
• Incorrect or incomplete land registry records
• Illegal constructions or planning issues
• Problems with building licences
• Unexpected taxes or fees

At first glance, a property may look perfect.
But legally, it could be far from it.

What a Property Lawyer Actually Does

Many buyers assume that a lawyer is only needed to “handle paperwork.” In reality, their role is far more critical.

A specialised property lawyer in Spain will carry out a full legal due diligence process before you commit to the purchase.

This typically includes verifying ownership, checking the land registry, confirming that there are no charges or debts attached to the property, and ensuring that all urban planning regulations have been respected.

They will also review and negotiate contracts, explain legal implications clearly, and make sure that your interests are protected at every stage of the transaction.

From the reservation agreement to the final signing at the notary, your lawyer acts as your safeguard.

The Risks of Buying Without a Lawyer

It is still surprisingly common for buyers to proceed without independent legal advice, often relying solely on the seller’s agent or developer.

This can be a costly mistake.

Real estate agents are there to facilitate the sale—not to protect the buyer’s legal interests.

Without a lawyer, you may not be aware of underlying issues until it is too late. In some cases, resolving these problems after the purchase can be expensive, time-consuming, or even impossible.

For international buyers, the risks are even higher due to language barriers and unfamiliarity with local regulations.

What seems like a straightforward purchase can quickly become complicated without the right guidance.

Local Knowledge Makes a Difference

Spain is not a uniform market. Each region has its own administrative procedures, planning regulations, and local practices.

A property in Mallorca, for example, may involve different considerations than one in Marbella or Barcelona.

This is why working with a lawyer who understands the specific area where you are buying is so important.

Local expertise can help identify potential issues early, streamline the process, and ensure that all requirements are met correctly.

It also allows for better communication with local authorities, notaries, and other parties involved in the transaction.

Key Qualities to Look for in a Property Lawyer

Choosing the right lawyer is just as important as choosing the right property.

A strong candidate should specialise in property law and have proven experience handling real estate transactions in Spain.They should also be accustomed to working with international clients, offering clear communication in English and a transparent approach to fees and services.

Professionalism, responsiveness, and attention to detail are essential qualities, especially when dealing with complex legal documentation.

Ultimately, your lawyer should give you confidence—not confusion.

A Lawyer Is Not a Cost—It’s Protection

One of the most common misconceptions among buyers is that hiring a lawyer is an optional expense.

In reality, it is one of the most important investments you can make during the purchase process.

The cost of legal services is minimal compared to the value of the property—and significantly lower than the potential cost of legal problems down the line.

A good lawyer does not just facilitate the transaction.
They protect your investment.

A Smarter Way to Buy Property in Spain

As the Spanish property market continues to attract international buyers, expectations are changing.

Buyers now expect transparency, professionalism, and a smoother overall experience. While finding a property may feel as easy as booking a holiday, securing it legally requires expertise, precision, and local knowledge.

The most successful buyers understand this. They don’t just focus on the property—they focus on the process behind it.

Find the Right Property Lawyer for Your Purchase

Whether you are buying a second home, relocating, or investing in Spain, having the right legal support is essential.

Working with a qualified, independent property lawyer ensures that your purchase is secure, compliant, and handled correctly from start to finish.

Because in the end, buying property is not just about where you live, it’s about how safely you get there.

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For over a decade, this route attracted thousands of international buyers — particularly from the UK, Russia, China, and the Middle East — who combined lifestyle investments in Mallorca, Ibiza, Costa del Sol, or Barcelona with the benefits of Schengen mobility and a clear path to permanent residency and citizenship.

In 2026, that specific “buy-to-reside” option no longer exists for new applicants. However, buying property in Spain remains fully open to foreigners, and there are still several practical ways to live in the country long-term.

At Property Lawyers, we help clients navigate these changes every day. Here’s what you need to know if you’re considering a property purchase in Spain this year.

Why Was the Golden Visa Abolished?

The Spanish government suspended the real-estate component of the Golden Visa as part of broader efforts to address rising housing prices and ensure affordable homes for Spanish residents. Organic Law 1/2025 repealed the relevant articles of the 2013 legislation, closing new applications from 3 April 2025 onwards.

Existing Golden Visa holders can still renew their permits and progress toward permanent residency (after 5 years) and Spanish citizenship (after 10 years, with reduced periods for certain nationalities). But for new investors, the property route to fast-track residency is gone.

Can You Still Buy Property in Spain in 2026?

Yes — absolutely. Foreigners (including non-EU citizens) continue to enjoy the same property ownership rights as before. There is no ban on non-residents buying homes in the Balearic Islands, Andalusia, or anywhere else in Spain.

You can purchase villas, apartments, or land in Mallorca, Ibiza, Menorca, Marbella, or Barcelona without any residency requirement. In many cases, owning a Spanish property can still support your lifestyle or investment goals — even without the automatic residency perk.

The key difference in 2026 is that property ownership and residency applications are now handled as separate processes.

Popular Residency Alternatives After the Golden Visa (2026)

While the investment-linked Golden Visa is closed, several other visa options remain available. The most relevant for property buyers include:

• Non-Lucrative Visa (NLV) Ideal for retirees, passive income earners, or those with sufficient financial resources who do not intend to work in Spain. Requirements typically include proof of adequate income (around €28,800+ per year for the main applicant in 2026) and private health insurance. After 5 years of legal residence, you can apply for permanent residency.
• Digital Nomad Visa (DNV) Designed for remote workers, freelancers, and entrepreneurs whose clients or employer are based outside Spain. Minimum income thresholds apply (approximately €2,849 per month in 2026), along with health insurance and other documentation. This visa is renewable and leads to the same long-term residency path.

• Entrepreneur / Startup Visa For those launching an innovative business in Spain that creates jobs or has economic impact. Requires a solid business plan approved by the authorities.
• Other Routes Family reunification, student visas, or work visas (if you secure employment in Spain) may also apply depending on your situation.

Important: None of these alternatives require a minimum property investment. However, owning a home in Spain can make it easier to demonstrate ties to the country when applying for or renewing any of these visas.

What Should Property Buyers Do in 2026?

1. Separate your decisions Buy the property that best fits your lifestyle or investment goals — without expecting automatic residency.
2. Plan your residency independently Work with immigration specialists early to identify the best visa route for your personal circumstances (income, work situation, family, etc.).
3. Protect your property purchase legally This is where an independent Spanish lawyer becomes essential. We conduct full due diligence, review contracts, check urban planning compliance, licences, charges on the property, and community rules — especially important in high-demand areas like the Balearics and Costa del Sol.
4. Consider tax and succession planning from day one Non-residents face specific taxes on purchase (ITP, VAT, Stamp Duty) and ongoing obligations (Non-Resident Income Tax, Wealth Tax). Planning inheritance early can prevent future problems for your family.

Why Use an Independent Property Lawyer?

Many international buyers previously relied on the Golden Visa process and developer lawyers. In 2026, with residency no longer tied to the purchase, having your own independent legal team is more important than ever to:

• Avoid costly mistakes in the purchase process
• Ensure the property is free of hidden defects or legal issues
• Optimise tax structures where possible
• Coordinate with immigration advisors if you plan to live in Spain

At Property Lawyers, our bilingual team specialises in transactions across Mallorca, Ibiza, Menorca, Costa del Sol, and Barcelona. We act exclusively for the buyer — never for the seller or developer — giving you unbiased protection.

Final Thoughts

The end of the Spain Golden Visa marks the close of one chapter, but Spain remains one of the most attractive destinations for international property investment and living. Whether you’re buying a holiday home, a rental investment, or your future family residence, professional legal support ensures the process is secure and stress-free.

If you’re considering buying property in Spain in 2026 and want clear advice on both the purchase and your residency options, contact our team today.

We offer initial consultations (in English, German, or Spanish) and can connect you with trusted immigration partners when needed.

Ready to move forward? Send us details of the property you’re interested in or your questions about living in Spain — we’ll reply promptly with practical, tailored guidance.

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The Costs of Buying Property in Mallorca

When buying a property in Mallorca, there are several costs to consider. These include:

1. Property Transfer Tax: This tax is paid by the buyer and is based on the purchase price of the property. In Mallorca, the transfer tax is 8% for properties up to €400,000 and 10% for properties over €400,000.
2. Notary Fees: Notary fees are charged for the notary to certify the sale contract and are typically between 0.1% and 1% of the purchase price.
3. Legal Fees: Legal fees vary depending on the complexity of the transaction and the services required.
4. Property Registration Fees: The buyer must pay a fee to register the property with the Land Registry.
5. Mortgage Fees: If the buyer requires a mortgage, there may be additional fees, including valuation fees, arrangement fees, and mortgage deed fees.

The Costs of Selling Property in Mallorca

When selling a property in Mallorca, there are also several costs to consider. These include:

1. Real Estate Agent Fees: The seller typically pays the real estate agent fees, which are negotiable but generally range from 3% to 5% of the sale price.
2. Capital Gains Tax: If the property has increased in value since the seller purchased it, they will need to pay capital gains tax on the difference. The tax rate is 19% for EU residents and 24% for non-EU residents.
3. Plusvalía Tax: This tax is levied on the increase in the value of the land since the property was last sold. The amount varies depending on the location, size, and value of the property.

Why Costs in Mallorca are Different than in Marbella or Malaga

While the costs of buying and selling real estate in Mallorca may seem similar to those in other regions of Spain, there are some key differences that can affect the overall cost. Here are some reasons why:

1. Location: The location of the property can have a significant impact on the cost. For example, Mallorca is a popular tourist destination and has a high demand for property, which can drive up prices. On the other hand, Marbella and Malaga are also popular destinations, but their real estate markets may not be as competitive.
2. Property Value: The value of the property also plays a role in the cost. Mallorca has some of the most expensive properties in Spain, with luxury villas and apartments commanding premium prices. In contrast, Marbella and Malaga have a wider range of properties at different price points.
3. Taxes: The taxes and fees associated with buying and selling property can vary depending on the region. For example, the capital gains tax rate in Mallorca is 19% for EU residents and 24% for non-EU residents, while in Marbella and Malaga, the rate is a flat 19%.v
4. Legal Fees: Legal fees can also vary depending on the complexity of the transaction and the services required. In Mallorca, legal fees may be higher due to the higher property values and more complex transactions.

In conclusion, purchasing or selling real estate in Mallorca can be a lucrative investment, but it’s important to understand the costs involved. By knowing what to expect, you can plan your budget accordingly and avoid any surprises during the transaction process.

While the costs of real estate transactions in Mallorca may differ from those in Marbella or Málaga, it’s essential to keep in mind that each region has its unique real estate market. Factors such as location, property value, taxes, and legal fees can all contribute to the overall costs involved in buying or selling property.

However, despite these differences, one thing remains constant – the importance of working with experienced professionals who can guide you through the transaction process. Whether you’re a buyer or a seller, it’s crucial to have a knowledgeable real estate agent and a reputable lawyer on your side to ensure that your transaction is smooth and successful.v

So, if you’re considering investing in Mallorca real estate, take the time to research the costs involved, consult with professionals, and make an informed decision. With its stunning scenery, vibrant culture, and booming real estate market, Mallorca may just be the perfect place for you to call home or make a profitable investment.

Property Lawyers – Find a local lawyer today

At Property Lawyers, we are here to help you find the right lawyer for you. Our website acts as a directory for local lawyers, so you can easily search for a lawyer, find out about them, and contact them. We’ve helped over 1000 clients find a local lawyer to protect their interests.

To get started, simply browse our list of lawyers in Mallorca, Málaga and Marbella or read more insights on our resource pages.

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What is the job of a Lawyer in Mallorca? 

It is compulsory for a Lawyer in Mallorca to be engaged with any property exchange in Spain. While Spanish legal officials are essential for the lawful calling, ensure you don’t confound the job of your legal counselor/specialist with a public accountant.  

The job of a Lawyer in Mallorca is to direct the desk work in a property exchange, gather all essential duties and register the property with the Spanish Land Library. Spanish legal officials don’t represent either the purchaser or vendor. You ought to educate your own autonomous attorney/specialist to encourage you according to the property you wish to purchase.  

Picking a Lawyer in Mallorca 

Picking the right Spanish attorney is a significant choice. It is unequivocally suggested that you teach an autonomous English-talking attorney who has experience encouraging worldwide customers according to property buys in Spain.  

An autonomous Spanish legal advisor, then again, addresses the interest of the buyer and will do the accompanying to guarantee that your property buys in Mallorca is as protected and tranquil as could be expected:  

Property Lawyers in Mallorca

When buying a property in Mallorca, it’s important to hire a lawyer that you trust. Here at Property Lawyers, we aim to help you find the right lawyer for you.

To get started, have a quick look through our list of lawyers in Mallorca or get in touch

The post Do You Need a Lawyer to Buy a Property in Mallorca? appeared first on Property Lawyers.

What is an ‘illegal property’ in Spain?

The term illegal here might refer to all or part of a property that hasn’t been developed in accordance with the law. This could be a property built under the wrong permit, on land zone for another purpose, with unregistered elements such as an extension, or more.

There are many reasons that people may come to own an illegal property; the titleholder might have been trying to avoid annual tax or wanted to build in an area they shouldn’t. Alternatively, an unwitting buyer might acquire an illegal property without realising.

Often, these properties can be found on rural land, where vast villas and fincas are highly sought after due to their extensive space. However, this is not always the case.

Whatever the reason, it’s important to know that your entire property is legal to avoid unwanted repercussions.

What are the consequences of illegal work?

There are many types of illegal work that can be carried out. As an example, Law firm Bufete Frau explains the consequences for those who buy a property with non-permissible works on agricultural land in Mallorca.

They say that usually only “the owner-builders, constructors and technical staff with a direct involvement in the construction” can be criminally prosecuted, but that someone who subsequently buys the property may face a fine or demolition order.

Fines for illegal building work on rustic land in Mallorca

The Council of Mallorca’s Agency for Planning Discipline (known as ADT) is the organisation that investigates building work on rustic (non-residential) land.

According to the Majorca Daily Bulletin, between 2009 and 2019 the ADT levied fines that totalled €29.7 million. However, only €3.8 million euros were paid, mainly due to owners voluntarily remedying illegalities and receiving a greatly reduced fine.

Other issues faced with illegal builds

Aside from prosecution, fines, and demolition orders, illegal building work can lead to other problems. As a buyer or an owner, you don’t want any discrepancies between how your property is described on official documents and what it’s like in real life.

Imagine, for example, if you needed financial help with the property, lenders would determine the amount you receive based on official documents of the property. If the property is substantially bigger than these documents say, how will the owner then finance it?

Legalizing a property in Mallorca

The process of legalizing a property can vary according to local rules. For example, as El Pais reported, Andalucía recently opened an opportunity for 327,000 homes to be legalized.

In Mallorca, a 2014 law came in that gave a three-year amnesty for illegal builds. It was estimated that around 1000 properties in Ibiza and 30,000 homes in Mallorca would be eligible for this.

As Mallorcan Councillor Maria Antónia Garcías explains, the person responsible for the illegal works needs to liaise with the relevant town hall to see if the work can be legalised. If not, a demolition project needs to be shown.

Avoid buying an illegal property in Spain

The UK Foreign, Commonwealth & Development Office has developed a guide for UK citizens looking to buy a property in Spain. When it comes to matters of legality, they explain:

“You should check that planning permissions are in order and the property is a legal build. This is particularly important when buying off-plan or direct from a developer. The town hall can tell you whether the building has all licences and permissions and what type of land it is.”

They also advise hiring a trusted and experienced lawyer, which is seconded as an important part of the buying process by the Spanish Land Registry.

Your lawyer can help you spot red flags, avoid common pitfalls, and protect your interests in the buying process. Ideally, the law firm should be experienced in the right areas, be independent, understand the local laws, speak your language, and have the right insurance and credentials.

Property Lawyers – Find a local lawyer today

At Property Lawyers, we are here to help you find the right lawyer for you. Our website acts as a directory for local lawyers, so you can easily search for a lawyer, find out about them, and contact them. We’ve helped over 1000 clients find a local lawyer to protect their interests.

To get started, simply browse our list of lawyers in Mallorca, Menorca and Ibiza or read more insights on our resource pages.

The post Legalisation of Properties in Spain (including Mallorca) appeared first on Property Lawyers.

This is not intended as legal advice; it is always best to consult a legal expert.

The legal side of owning a property in Spain

Property inheritance can become complicated whatever country your property is in. But this is exacerbated when dealing with more than one country at a time, with documents in a language you don’t speak fluently, and in an area where specific local rules apply, such as certain autonomous regions in Spain.

However, this does not need to be a deal breaker for prospective buyers. A legal expert who is knowledgeable on the subject can help you put your mind at ease. If you are looking for a local lawyer, consult our list.

Succession and inheritance in Spain – Property rules

In Spain, the way that property is passed down depends on a number of factors. For instance, the deceased person’s nationality, the location of the assets and beneficiaries, and the existence of a will all affect the process.

In certain cases, you can choose which country’s law applies to your assets upon your death. This can grant you greater freedom about what to do with your estate, but it depends on factors such as nationality.

Remember, if Spanish law is applicable then the rules may be very different to, and more restrictive than, those of your native country.

The Spanish Land Registry explains this in more detail in their brochure on buying a property in Spain. They say:

“Spanish law limits your freedom when granting a will. A portion of your assets must be left to certain relatives (legítima). Spanish law will…be applied if, at the time of death, you have acquired Spanish citizenship.”

Paying the tax
In Spain, instead of inheritance tax being deducted from the estate, it is up to the beneficiary to pay.

Tax rules can vary between autonomous regions, and it is a good idea to liaise with an experienced legal expert. For instance, the Balearic Islands sometimes allow reductions for spouses, partners, dependants, etc.

Additionally, a person may usually decline their inheritance, which could be an attractive option if the deceased had outstanding debts, for example.

Do I need a property lawyer in Spain?

Whatever your property transaction, it is beneficial to have a team of experts at your disposal. They should be experienced, have relevant, in-depth knowledge of the subject area, and know local laws.

Your lawyer will be able to do everything from carrying out due diligence to using power of attorney to undertake processes on your behalf, should you wish them to do so.

It is also important to choose a lawyer who speaks your native language as well as the local language. This will help reduce the risks of communication barriers and misunderstandings.

Property Lawyers – finding a local lawyer for you

Here at Property Lawyers, we have helped over 1000 clients find a lawyer to protect their interests. We aim to help you find the right local lawyer for you, so you can put yourself in the best position for your sale, purchase, let, or more.

Our directory lists property lawyers in the Balearic Islands and around Spain, with local offices to put your mind at ease.

To get started, simply browse for a lawyer in the right geographical area or take a look at our other articles.

Looking for more? Have a look at our article on investing in Mallorca’s real estate market.

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Mallorca’s real estate market today

It’s always wise to consider investments carefully, and after the dust settles from the past couple of years many of us are considering how property landscapes have changed.

When it comes to investment in Mallorca’s real estate, experts are starting to see a clearer picture of how things are evolving. For example, The Spanish Notary Council publishes year-on-year statistics for various regions. For August 2021, they found that the national number of houses bought and sold rose by 11.9%. And, the good news is, in Mallorca, the year-on-year increase for August was 37.8%.

Checking current trends and consulting local property experts will give you a good idea of how the market looks and where to snap up the best deals.

What buyers are looking for

If your investment plan involves reselling the property, it’s important to know what other buyers are looking for. A recent report by Savills summarized what buyers want in Spain, based on a survey of their clients.

In terms of property features “a good view” ranked highest, just above “high-speed internet”. Meanwhile, proximity to amenities ranked higher (90%) than proximity to a beach (77%).

Rental investment opportunities in Mallorca

When it comes to rental investment opportunities in Mallorca, tourist lets can be an attractive option. Tourism reportedly accounts for 35% of the Balearic Islands GPD, much higher than the 12% national average. That’s a lot of domestic and international tourists looking for somewhere to stay.

However, it’s important to abide by local guidelines for rentals, which vary according to the type of let. Holiday rentals require a special permit, called an ETV license. This is a mandatory license which not all properties are eligible for, for instance if the property is on protected land or is brand new.

It’s essential to research your options. If you decide to proceed with tourist lets, why not consider buying a property that comes ready with an ETV license?

Foreign investors and Mallorca’s property market

It can be daunting to invest in property in another country. But foreign investors in Mallorca have a range of options.

It’s important to think about visas and residency eligibility, and apply for an NIE (foreign identity number) early on in the process if you don’t already have one – otherwise, this could slow things down considerably.

Interestingly, if you decide to invest €500,000 or more in a property, you should be eligible for a golden visa. This grants a special type of residency. Usually, you can add a legally recognized spouse or dependents to the application, too.

According to the newspaper El Pais, 681 golden visas were issued for real estate investments by foreigners in 2021.

Getting a reliable team

The Spanish Land Registry guide to buying a property in Spain talks about having the right members in your team when you purchase a property. This includes an experienced, local property lawyer who can help you protect your interests. To find the right lawyer near you, simply visit our directory.

It’s also a good idea to research your estate agent and think about getting financial advice if you need it.

Types of properties available in Mallorca

Luckily, Mallorca is a diverse island when it comes to property. You can find everything from rustic country houses to modern penthouses all over the island.

When deciding what type of property you are looking for, don’t forget to think about location and amenities as well. For example, a traditional townhouse that is full to the brim with Mallorcan charm will usually be found in a smaller town. Therefore, you might need to sacrifice sea views. Which is more important?

Likewise, a sprawling countryside property has the luxury of space, but it might not be near to local amenities. A trusted local estate agent can help you make the right choice, give you insights into the market, and help you see what’s on offer.

Property Lawyers in Mallorca

When buying a property in Mallorca, it’s important to hire a lawyer that you trust. Here at Property Lawyers, we aim to help you find the right lawyer for you.

We’ve helped over 1000 clients find a local lawyer who’s ready to protect their interests.

To get started, have a quick look through our list of lawyers in Mallorca, Menorca and Ibiza or get in touch.

The post Investing in Mallorca’s Real Estate market appeared first on Property Lawyers.

In certain regions, the law limits to the 15% of each municipality the amount of land that can be owned by non-nationals or assimilated.

Why does it matter?

Prior to Spain’s membership to the EU and the Schengen region, the original law required military authorization for any foreigner wanting to buy property in areas appointed as being of national defence importance. Despite this, since 1991 residents of EU nations or members of the Schengen region do not require such authorization because they are regarded comparable to nationals.

As a result of Brexit, the United Kingdom has withdrawn from all international conventions that supported such equality, and British nationals, like Canadians, Australians, Russians, and Moroccans, will require military permission from January 1, 2021.

But the military authorization does not limit to non-nationals acquisitions, but also to constructions mortgages, inheritance, even when the subject is a Spanish company held in more than a 50% by a non-national.

Does it affect to all the properties?

As we have pointed out above, it affects certain areas of Spain, but in the Balearic and Canary Islands it affects the whole of the territory, which is why it is of the utmost importance.

The law excluded from the need of the authorization the urban zones in 1976, as well as all the new urban zones where the new urban planning had been previously approved by the Ministry of Defence. This created a huge uncertainty, due to the difficulty to control these approvals by the Ministry of Defence.

Fortunately, since July 22, and as per an order from the Ministry of Defence, all municipal planning is considered lawfully informed. Consequently, the permit is to be only needed with reference to rural plots.

Where do i get it and how do i get it?

The process is lengthy, taking anything from 6 to 8 months, making deals problematic, especially when the owner wants a quick completion.

To process the application, the buyer’s identification data, including a criminal record certificate, as well as that of the property, are needed, so that it is not possible to process a generic application, but it must be linked to a specific property.

At desalvador. they will be able to help you process the application, as well as recommend you throughout the complete process of buying the property.

Remember:

• The military permission is a legal control over foreigners’ holdings in certain crucial regions. Apart from certain regions on the peninsula, all the territories in the Balearic and Canary Islands need this military clearance.
• It is a legal requirement, so the purchase cannot be validly completed without it.
• It affects foreigners who are not citizens of the EU or the Schengen zone. British citizens will also require this authorization because of Brexit.
• If one of the wants to buy land in a rural region, it must first obtain military permission. The military authorization has no impact on the acquisition of property in urban land.
• The proportion of ground owned by foreigners in any community in the Balearic or Canary Islands cannot exceed 15% of the city or county total area. Therefore, in places where there has been a significant British activity in the EU years of the UK, it is possible that this proportion is already exceeded and, therefore, the clearance cannot be issued.
• It does affect to other real estate operations, such as mortgage constitution, building Works or even inheritance, where the heirs have a term of 3 months to apply for it or must sell the Property within a year.

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Each of the 50 Spanish provinces has at least one home of more than one million euros advertised on idealista, the leading real estate marketplace in southern Europe, but their distribution is not homogeneous. In fact, the provinces of Malaga, the Balearic Islands, Madrid and Barcelona account for 73% of all available homes above that amount. In many provinces, with less than 20 homes listed, their percentage weight is negligible, so they appear as 0.0%.

Spain has, as of August 1, 2021, 37,128 luxury homes for sale on the market, with prices above one million euros. Malaga is the province where more homes of this type are concentrated, since they account for 23.1% of the total. It is followed very closely by the Balearic Islands (including Mallorca and Ibiza) with 22.9% of the total, followed by the Community of Madrid (15.1% of the total) and Barcelona (12%).

Alicante is the fifth province in which more product accumulates above a million, with 9.7%, followed by Girona with 4.8%. The ranking of the main provinces with the most luxury homes is completed with Cádiz (1.9%), Santa Cruz de Tenerife (1.8%), Valencia (1.7%), Las Palmas (0.8%) and Biscay (0.8%).

On the contrary, the province in which the least luxury homes are advertised, as of August 1, is León, with only one. They are followed by Zamora (2), Teruel (2), Soria (2), Palencia (3), Cuenca (3), Badajoz (4), Albacete (5) and Salamanca (5), whose weight over the national total of this market is negligible.

Super ultimate luxury properties

There is, within the world of luxury itself, an even more exclusive terrain such as ultra-luxury homes, those with a price of more than 3 million euros. The more than 6,000 properties of this price that had been announced at the beginning of August are mainly concentrated in Malaga (2,216 advertisements; 36.8% of the total) and the Balearic Islands (1,937 advertisements; 32.2%). They are followed by Madrid (693; 11.5%), Barcelona (382; 6.4%), Alicante (360; 6%) and Girona (136; 2.3%).

Most buyers are interested in buying luxury villas in Marbella or Mallorca

Property prices in Mallorca increase

Property prices in Mallorca during 2021 recorded a spectacular increase of +8.1%  bringing the average square meter price of an apartment to €3,566/m2.

Looking for a real estate lawyer to buy a property in Spain?

Check out here which ones are the best English speaking Solicitors in Spain

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Whether you’re buying or selling a property in Spain, you’ll need legal services and support throughout the process in order to avoid problems.

A solicitor in Spain can provide guidance throughout the buying process or simply assist you in a small part of it, whatever you require. The legal services and legal advice cover all the stages of the process, so you don’t have to worry about anything.

If you need to sell a property in Spain, it’s very important to get the right legal advice so everything runs smoothly, which is why it’s advisable to find a legal adviser with expertise in urban law.

Why You Need a Legal Adviser When Selling a Property in Spain

If you’re selling a property in Spain, it’s important to have a legal adviser to assist you in the process. Many sellers don’t do this and they leave everything to their real estate agent or try to handle things themselves. This is a mistake.

However, you need to make sure the sale is done properly so you don’t have to deal with any issues in the future. This is particularly important when you’re selling in a different country, which is why you must get professional guidance.

Here are some of the things an expert Spanish lawyer can help you with:

1. Taxation Liabilities

Having a Spanish lawyer by your side when selling a property in Spain will make sure that all the taxes you’re liable for are properly accounted for and paid for. They will also make sure you don’t overpay on taxes related to Capital Gains, which saves you a ton of money!

2. Spanish Purchase Contract Obligations

Having a Spanish legal adviser will keep you from suffering any legal consequences in the future relating to purchase contract obligations. They will also make sure that you get an “option to buy” purchase contract, which will protect you from buyers who don’t complete the purchase.

An option to buy contract is an agreement between two parties where an investor or tenant pays a fee in exchange for the rights to purchase property at some point in the future. You can have a straight option to buy a contract, which is a unilateral contract that only binds the seller to its terms.

Not to mention, they make sure the contract is worded and created correctly so your best interests are protected. Otherwise, if there’s an issue, your only option to receive adequate compensation would be going to court in Spain, something that should be actively avoided.

3. Holding Deposit Money

If the buyer has to hold the deposit money in an escrow account instead of receiving it directly, only a Spanish lawyer or public notary can hold that account, which is yet another reason why you need to hire one.

4. Property Misrepresentation

If you misrepresent the property you are selling in Spain, you are liable for future legal action. Hiring a Spanish lawyer will allow you to make sure that doesn’t happen and make sure the entire process follows protocol.

5. Loss of Sale

It’s not uncommon for house sales to fail due to property issues identified by the buyer’s lawyer. If the issues found can’t be resolved or the buyer’s lawyer fails to understand them, they will advise their client to withdraw or make the issue seem worse than it is, and you will lose the sale. An expert Spanish lawyer will be able to save the sale by providing explanations and effective resolutions.

6. Paperwork Completion

A Spanish solicitor will trace all the right paperwork for the buyer’s lawyers and  make sure you’re paying the right taxes. This will save you time because you won’t have to come to Spain to do that yourself and your Spanish lawyer will also deal directly with authorities, thus saving you more time and even money. They will handle all the requirements to ensure all the paperwork is in order, which will be a huge weight off your shoulders.

Other Requirements for Selling a Property in Spain

Many property sales and purchases don’t go through due to paperwork issues. If the Spanish notary offices determine that the paperwork has not been well prepared or presented, they will halt the property sale or purchase.

It’s essential that the legal processes are followed correctly, which is why you need expert legal advice.

When a sale falls through, it can be expensive for everyone involved and it also represents a huge loss of time. Not to mention, the seller is vulnerable to a breach of contract if they weren’t able to hold their side of things.

The documentation required when selling a property in Spain has increased in recent years. That means there are many more responsibilities to cover, which is not something you can do on your own and you definitely shouldn’t leave it to your real estate agent because they are not specialists in legal advice.

Are you ready to sell your property in Spain? Do you want it to go smoothly? If the answer is yes, contact us to enjoy the best legal services!

So if you decide to buy a property in Spain get in touch with the best english speaking solicitors in Spain.

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