Buy property in Spain with confidence — and without the horror stories
Buying property in Spain as a non-resident involves legal checks, tax obligations, and title risks that many buyers discover too late. BMC protects your investment from offer to deed.
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- ICAM
- 5 Offices in Spain
- 25+ Years
- 30+ Jurisdictions
The problem
Spain is the second most popular destination in Europe for foreign property buyers, but the market has hidden traps that estate agents will not warn you about. Properties can have unregistered debts, planning irregularities, pending mortgage charges from previous owners, or descriptions in the title deed that do not match the physical reality. Buyers who skip independent legal due diligence regularly end up owning problems they paid full price for. Add the complexity of NIE requirements, non-resident taxation, and a closing process conducted entirely in Spanish before a notary, and the risk of a costly mistake is real.
Our solution
BMC provides full-cycle legal assistance for foreign property buyers in Spain. We conduct a rigorous title search and due diligence before you exchange any money, negotiate contract terms to protect your deposit, review the public deed before the notary appointment, and handle all post-purchase registrations and tax filings. We act exclusively for the buyer — we have no relationship with the seller or their agent.
How we do it
Pre-offer due diligence
Before you commit any funds, we obtain and review the nota simple (land registry extract), check the catastral description, verify planning compliance, confirm there are no charges or debts attached to the property, and review any community of owners obligations.
Contract review and deposit protection
We review or draft the private purchase contract (contrato de arras or contrato privado de compraventa), negotiating clauses that protect your deposit if the deal falls through due to legal issues discovered after signing.
Notary deed review
We review the final escritura publica before your signing appointment, confirm it matches the agreed terms, verify that all existing mortgage charges have been cancelled, and attend the notary with you to advise in real time.
Post-purchase registrations and tax
After completion, we register the deed at the Land Registry in your name, file and pay the applicable transfer tax (ITP at 6-10% depending on the region), and obtain the definitive tax certificate confirming the property is in your name.
Our estate agent told us the property was 'totally fine' and to skip the lawyer to save money. BMC found an unregistered extension and a 45,000-euro mortgage charge that had not been cancelled. We renegotiated a significant price reduction. The legal fee was the best money we ever spent.
Why independent legal advice is essential
The Spanish property market is vibrant and competitive, especially along the Costa del Sol, in Madrid, and in the Balearic Islands. Every year, approximately 87,000 properties are sold to foreign buyers — more than in any other European country except France. The appeal is obvious: warm climate, strong infrastructure, an excellent healthcare system, and a quality of life that is hard to match.
But the market has structural features that create serious risk for buyers who are unfamiliar with Spanish law. Estate agents work for the seller, or in many cases operate under a dual agency arrangement where they nominally represent both parties while having a financial interest exclusively in the deal completing. They are not qualified to advise on title defects, planning compliance, or tax obligations. “The paperwork is all in order” is an estate agent phrase, not a legal opinion.
Spain’s property law is broadly protective of buyers, but only if you use it. Defects in title, planning irregularities, and undisclosed debts are not the seller’s agent’s problem to discover — they are yours to find, and the standard remedy once the title deed has been signed is expensive litigation that will take years. The Tribunal Supremo has repeatedly confirmed that the principle of caveat emptor applies in the context of defects that a diligent buyer would have discovered with proper investigation.
This guide walks you through every stage of buying property in Spain as a foreigner: from the first practical steps (getting your NIE) through due diligence, the private contract, the notary, and post-purchase obligations. We include a full cost breakdown by autonomous community, an explanation of the mortgage process for non-residents, and the most common mistakes that foreign buyers make.
Step 1: Get your NIE before you search
The Número de Identificación de Extranjero (NIE) is your Spanish tax identification number. Every legal transaction in Spain — signing a purchase contract, opening a bank account, paying taxes, obtaining a mortgage — requires a NIE. Without one, you cannot sign the title deed before a notary.
Getting your NIE takes longer than most people expect. The two options are:
Option A: Apply at the Spanish Consulate in your home country. You submit a completed Modelo EX-15 form, your passport (and a photocopy), and a fee of approximately 10 euros. You must also explain the purpose of the NIE (property purchase is a valid reason). Processing time: 2–8 weeks depending on the consulate. Some consulates require an appointment that can take weeks to obtain.
Option B: Apply in person at a Spanish Comisaría (police station) or Foreigners’ Office if you are already in Spain. You need Modelo EX-15, your passport, a photocopy, the fee, and documentation justifying your need for the NIE (a signed purchase contract or a letter from a Spanish notary confirming an intended transaction is usually sufficient). Processing time: same day to 2 weeks depending on location. The main limitation is that you must be physically present in Spain to apply, and the appointment system in Madrid and Barcelona can be extremely congested.
BMC can apply for your NIE by power of attorney, attending on your behalf at the designated office in Spain so that you do not need to make a special trip. This is a standard part of our property purchase service for clients based outside Spain.
Practical tip: Apply for your NIE as soon as you have identified a property you intend to pursue. Do not wait until the contract is ready. Many transactions have been delayed or lost because the buyer did not have a NIE when the seller wanted to proceed.
Step 2: Open a Spanish bank account
You will need a Spanish bank account to:
- Pay the purchase price at the notary (the standard method is a banker’s draft (cheque bancario) drawn on a Spanish bank in the name of the seller)
- Pay transfer tax, notary fees, and Land Registry fees post-completion
- Set up direct debits for utility bills, community charges, and local property tax (IBI) after you take ownership
Opening a bank account as a non-resident foreigner is possible but requires specific documentation. The major Spanish banks — Santander, BBVA, CaixaBank, Sabadell, Bankinter — all have cuentas de no residentes (non-resident accounts) designed for this purpose.
Required documents typically include: valid passport, NIE (some banks will open the account with a pending NIE application reference), proof of address in your home country (utility bill or bank statement, usually translated), and a completed bank account application form.
If you are an EU national, the process is generally straightforward. Non-EU nationals may face more scrutiny, particularly for large account deposits, due to anti-money-laundering requirements under Spanish Ley 10/2010. Banks will ask for documentation of the source of funds — salary records, investment account statements, sale proceeds from another property — which should be prepared in advance.
Processing time: 1–5 business days once documents are accepted. Some banks offer a faster process if you have an introduction from a private banker or if your funds are above a threshold that qualifies you for private banking services.
Step 3: Search and offer
The Spanish property market operates differently from the UK, Netherlands, or US markets that many foreign buyers are familiar with.
Multiple agencies: The same property may be listed with several different agencies, each potentially advertising it at a different price. There is no single MLS-style database. The practical implication is that contacting the seller’s agent directly (or finding the listing on portals like Idealista, Fotocasa, or Rightmove Overseas) does not necessarily give you the best commercial position. An independent advisor who understands the local market can identify the actual asking price, the realistic negotiation range, and whether the seller has any urgency.
Negotiation: Prices in Spain are typically negotiable. The degree of negotiation depends on the property type, location, and seller’s motivation. In coastal resale markets (Costa del Sol, Costa Blanca) a 5–15% reduction from asking price is common. In the most competitive segments of the Madrid or Barcelona apartment market, properties may sell at or above asking price. Get local intelligence before you submit any offer.
Verbal offers: A verbal offer, even if “accepted” by the seller, has no legal weight in Spain. The transaction does not become binding until a written contract is signed. Do not transfer any funds based on a verbal understanding.
Step 4: Legal due diligence — the most important step
Due diligence should be completed before you sign any private contract or hand over any deposit. This is the point at which most buyers make their most consequential mistake: signing the arras contract first and then hoping the due diligence comes back clean.
BMC’s due diligence process covers the following:
Nota Simple (Land Registry extract)
The nota simple informativa is obtained from the Registro de la Propiedad (Land Registry). It shows:
- The registered owner(s) of the property and the legal description (surface area, boundaries, cadastral reference)
- All mortgages, charges, rights of way, usufructs, and liens registered against the property
- Any annotations (anotaciones preventivas) indicating pending litigation or other legal proceedings
You should always obtain a fresh nota simple immediately before signing any contract, and again immediately before the notary appointment. Charges can be registered at any time, and the seller may grant a new mortgage between your initial check and completion.
Critical: The registered surface area in the nota simple may differ from the actual physical size of the property. This discrepancy — common in older properties and in properties with extensions added over the years — affects the price you should pay and must be regularised before or at the time of purchase.
Catastral check
The Catastro is the national property register maintained for taxation purposes. It holds a record of the property’s fiscal reference (referencia catastral), its registered surface area, use classification, and the valor catastral (assessed value used to calculate IBI and other taxes). The Catastro description must match the Land Registry description. Discrepancies indicate irregularities in the physical or legal status of the property.
Planning compliance check
Planning irregularities are one of the most serious risks in the Spanish property market. An extension, conversion, pool, or outbuilding built without planning permission (licencia de obras) is technically subject to demolition order. Even if the probability of actual demolition is low, an illegal extension:
- Cannot be described in the title deed (meaning you overpay for space you do not legally own)
- May prevent you from obtaining a mortgage (lenders will not advance funds against an illegal property)
- Can generate fines from the local authority
- Will be a problem when you eventually sell
We check with the relevant Ayuntamiento (town hall) to confirm that the physical property as it stands matches the planning records.
Debt and charge verification
In addition to mortgages shown in the nota simple, properties can carry:
- Community of owners debts (the community can claim up to the previous year’s unpaid service charges from the new owner)
- Outstanding IBI (local property tax) payments — the new owner can be pursued for up to four years of arrears
- Unpaid utility supply contracts that are attached to the meter rather than the owner
- Pending stamp duty or transfer tax from a previous transaction
We request the relevant certificates from the community administrator, the town hall, and the utility companies.
Legal status of the seller
We verify that the seller has the legal capacity to sell (that they are the registered owner, that there are no court orders restricting their ability to dispose of assets, and that if the property is owned jointly, all co-owners are participating in the sale).
Step 5: The earnest money contract (Contrato de Arras)
Once due diligence is complete and you are satisfied that the property is legally clean, you enter the binding private contract phase. In Spain, this typically takes the form of a contrato de arras (earnest money agreement).
There are three types of arras under Spanish law, and choosing the wrong type can have significant financial consequences:
Arras penitenciales (Article 1454 Civil Code): The most common type in residential sales. The buyer pays a deposit (typically 5–10% of the purchase price). If the buyer withdraws, they lose the deposit. If the seller withdraws, they must return double the deposit to the buyer. This is the standard protection mechanism, and for it to apply, the contract must explicitly describe the deposit as arras penitenciales under Article 1454. An undifferentiated deposit may not carry this automatic double-return obligation.
Arras confirmatorias: The deposit is treated as a partial payment of the purchase price. If either party breaches, the remedy is a claim for specific performance (acción de cumplimiento) or damages — not the automatic deposit forfeiture/doubling mechanism. This type provides weaker protection against a recalcitrant seller.
Arras penales: The deposit functions as a liquidated damages clause. Both parties forfeit a fixed amount on breach. Less common in residential sales.
BMC’s practice: We draft or review all arras contracts to ensure they are explicitly structured as Article 1454 penitenciales, that the conditions precedent (e.g., mortgage approval, satisfactory completion of any remaining checks) are clearly articulated, and that the completion timeline is realistic and unambiguous.
The private contract will also specify: the agreed purchase price, the completion date, the notary to be used, what is included in the sale (fixtures, furniture), and any other agreed conditions. Each of these terms has legal implications that must be carefully reviewed.
Step 6: Non-resident mortgages — financing your purchase
Foreign buyers can obtain mortgages from Spanish banks, but the terms differ from residential mortgages granted to Spanish residents.
Loan-to-value (LTV): Spanish banks typically lend non-residents a maximum of 60–70% of the lower of the purchase price and the bank’s own valuation (tasación). This means you need a minimum deposit of 30–40% plus acquisition costs (taxes, notary, legal fees — approximately 10–12% of the purchase price). In total, you should expect to have liquid funds covering approximately 40–50% of the property value to proceed comfortably.
Interest rates: Spanish mortgage rates follow the Euribor 12-month index. In 2025, Euribor is around 2.5–3.5%, and the typical non-resident mortgage spread (the bank’s margin over Euribor) ranges from 0.75% to 1.5%. Fixed-rate mortgages are also available and have become more popular since the 2022–2023 rate cycle.
Required documentation for a non-resident mortgage:
- Valid passport and NIE
- Last 2–3 years of income tax returns from your home country
- Last 3–6 months of bank statements (personal and, if applicable, business)
- Evidence of employment (employment contract and last 3 payslips, or for self-employed/business owners: company accounts, accountant’s certificate, proof of directorship)
- Evidence of any other assets (investment accounts, other property ownership)
- Credit report from your home country’s credit reference agency (Equifax, Experian, or equivalent)
The bank will instruct its own surveyor to produce a tasación (bank valuation). This valuation — not your agreed purchase price — determines the maximum loan amount. Valuations in Spain can be conservative, and it is not uncommon for the valuation to come in 5–10% below the agreed purchase price, which reduces the maximum loan and increases the required deposit.
Timeline: From initial application to mortgage offer: 4–8 weeks, depending on the bank and the completeness of your documentation. From offer to completion (notary signing): typically a further 1–3 weeks. Allow a minimum of 8–12 weeks from mortgage application to notary completion.
Some buyers use international banks (HSBC International, Barclays International, Caixa Private Banking) that offer cross-border mortgage products with rates and LTV ratios that may be more competitive for high-net-worth buyers. These products are worth exploring if your purchase price exceeds 500,000 euros.
Step 7: The notary process
In Spain, the transfer of real property is completed by the execution of a escritura pública de compraventa (public title deed) before a Notario — a state-appointed legal official. The notary is not a party to the transaction and does not represent either buyer or seller; they are a public official who authenticates the signatures and confirms the deed’s compliance with Spanish law.
Who chooses the notary: In practice, the buyer has the right to choose the notary (the party paying the notary fees). In many transactions, the estate agent or the seller’s solicitor proposes a notary and buyers accept without realising they can choose. Choosing your own notary, or one that BMC has an established relationship with, is always preferable.
What happens at the notary appointment:
- The notary reads the deed aloud (or provides a summary for non-Spanish speakers). If you do not speak Spanish, a sworn interpreter must be present, or the notary must provide an official translation. In practice, many coastal notary offices have bilingual staff, but you should not rely on this.
- The buyer pays the seller. Payment is made by official banker’s draft (cheque bancario) drawn on a Spanish bank in the seller’s name, or by bank transfer in certain circumstances. Cash payments above 1,000 euros are prohibited.
- If there is a mortgage, the lender’s representative (a bank employee or the bank’s own solicitor) also attends, and the mortgage deed is executed simultaneously with the title deed.
- Keys are exchanged.
- Copies of the executed deed are provided to both parties. The original (protocolo) remains with the notary.
Before the appointment: BMC reviews the draft deed (the minuta) sent by the notary’s office 24–48 hours before the appointment. This review checks that the deed accurately reflects the agreed terms, that all mortgage charges on the property have been cancelled (shown by notarised cancellation deeds or the seller’s solicitor’s undertaking), and that the correct purchase price and taxes are reflected.
Step 8: Taxes on the purchase — full breakdown by autonomous community
The tax burden on a Spanish property purchase is significant and varies by region. The tax is payable within 30 days of the title deed being signed.
Resale properties: Impuesto sobre Transmisiones Patrimoniales (ITP)
ITP is a regional tax levied on the transfer of existing (resale) properties. Each autonomous community sets its own rate:
| Autonomous Community | Standard ITP Rate |
|---|---|
| Andalucía | 7% |
| Aragón | 8% |
| Asturias | 8% |
| Balearic Islands | 8–13% (progressive by value) |
| Canary Islands | 6.5% (IGIC, not ITP) |
| Cantabria | 10% |
| Castilla-La Mancha | 9% |
| Castilla y León | 8% |
| Cataluña | 10% |
| Comunitat Valenciana | 10% |
| Extremadura | 8% |
| Galicia | 10% |
| La Rioja | 7% |
| Madrid | 6% |
| Murcia | 8% |
| Navarra | 6% |
| País Vasco | 4–8% (progressive by value, varies by territory) |
Key points: Madrid’s 6% rate is the lowest of the main autonomous communities and contributes to the capital’s attractiveness for investment property. The Balearic Islands (Ibiza, Mallorca, Menorca) apply a progressive scale: 8% on the portion up to 400,000 euros, 9% from 400,001–600,000 euros, 10% from 600,001–1,000,000 euros, and 13% above 1,000,000 euros, making it the most expensive major region for high-value purchases.
New-build properties: IVA + AJD
New residential properties are subject to:
- IVA (VAT): 10% of the purchase price (or 4% for officially designated affordable housing — vivienda de protección oficial)
- Impuesto sobre Actos Jurídicos Documentados (AJD / stamp duty): 0.75–2% depending on the autonomous community, applied to the full deed value
Total tax on a new-build: approximately 11–12% in most regions. Note that the IVA is charged by the developer and cannot be recovered by a private buyer (it is recoverable only if you are purchasing for business use under a VAT-registered entity).
Additional acquisition costs
| Cost | Typical range |
|---|---|
| Notary fees | 0.2–0.5% of deed value |
| Land Registry fees | 0.1–0.3% of deed value |
| Legal advisory fees | 0.5–1.5% of purchase price (subject to minimum) |
| Mortgage valuation (tasación) | 300–700 euros |
| Mortgage deed notary and registration | 0.5–1% of mortgage capital |
| Bank arrangement fee (comisión de apertura) | 0–1% of mortgage capital |
Total acquisition cost rule of thumb: Budget 10–15% of the purchase price above the headline price for all taxes and fees on a resale property, or 12–15% on a new build. For mortgage purchases, add a further 1–2%.
Step 9: Land Registry registration
Completion at the notary does not immediately transfer legal title in the public record. The executed deed must be presented to the relevant Registro de la Propiedad (Land Registry) for registration. Until registration is complete, the transaction is not fully protected against third-party claims.
In practice, the notary transmits a telemático (electronic) copy of the deed to the Registry within hours of signing, and this submission creates a asiento de presentación (presentation entry) that protects the buyer’s position from the moment of submission. Physical registration — the formal updating of the Registry record — typically takes 10–30 days.
The Land Registry fees are paid at registration, calculated on the deed value. BMC handles the presentation, follows up on the registration, and obtains the final certified extract confirming the property is registered in your name.
Step 10: Post-purchase obligations for non-resident owners
Owning property in Spain as a non-resident creates ongoing compliance obligations that many foreign buyers are surprised to discover only after purchase.
Annual non-resident income tax (Modelo 210)
Even if your Spanish property is not rented out and sits empty all year, you must file an annual Modelo 210 declaration. This covers imputación de rentas inmobiliarias — a notional income imputed to property owners who do not rent out their properties. The calculation:
- If the cadastral value (valor catastral) was revised within the last ten tax years: 1.1% of the cadastral value
- If not revised within the last ten years: 2% of the cadastral value
The resulting amount is taxed at 19% for EU and EEA residents, or 24% for non-EU, non-EEA nationals. The annual tax is typically modest for holiday apartments (50–200 euros per year) but the obligation is real, and the Spanish Tax Agency (AEAT) systematically cross-references property ownership records with tax filings.
The filing deadline is 31 December of the year following the tax year. So the Modelo 210 for 2025 income must be filed by 31 December 2026.
If you rent out the property, each quarter’s rental income must be declared via Modelo 210 within 20 calendar days of the end of the quarter. Deductible expenses differ depending on your residence: EU/EEA residents can deduct most legitimate rental expenses (mortgage interest, maintenance, community fees, property management fees, depreciation); non-EU nationals cannot deduct expenses and are taxed on gross rental income.
Local property tax (IBI — Impuesto sobre Bienes Inmuebles)
IBI is levied by the Ayuntamiento (local council) annually, based on the cadastral value of the property. Rates vary by municipality but are typically 0.4–1.1% of the cadastral value. The bill is issued automatically and is payable via direct debit from your Spanish bank account. Missing an IBI payment generates interest and can lead to administrative enforcement proceedings.
Community of owners fees (Gastos de Comunidad)
Properties in developments (apartment blocks, urbanisations) pay monthly community fees covering maintenance of shared areas, lifts, pools, gardens, and building insurance. These fees are set by the comunidad de propietarios (owners’ association) and range from 50 euros per month for a modest apartment to 500 euros or more for a luxury complex with extensive facilities. Extraordinary assessments can also be passed for major repairs or improvements.
The community has significant enforcement powers against non-paying owners, including the right to request a court embargo of the property. All unpaid community charges from the current year and the previous year become the liability of the new owner at the time of sale — making the community debt certificate (issued by the administrator) an essential part of pre-completion due diligence.
Plusvalía municipal
The Impuesto sobre el Incremento de Valor de los Terrenos de Naturaleza Urbana (IIVTNU, commonly known as plusvalía municipal) is a local tax on the increase in the value of urban land, payable by the seller at the time of sale. However, if the seller is a non-resident and fails to pay, the buyer can be held jointly liable. BMC always verifies that the seller’s plusvalía has been calculated, declared, and paid (or that sufficient funds have been withheld from the sale price to cover it) as part of the notary process.
Step 11: The 3% withholding on sales by non-residents
This rule catches many buyers by surprise. When a non-resident seller sells Spanish property, the buyer is legally required to retain 3% of the purchase price from the payment and remit it directly to the AEAT (Spanish Tax Agency) within one month of completion, using Modelo 211. This 3% is a payment on account of the seller’s Spanish capital gains tax liability.
The seller can subsequently claim a refund of any excess via Modelo 210 (capital gains). The risk for the buyer who fails to make the withholding and remittance is direct personal liability for the amount that should have been withheld.
If you are buying from a seller who is a Spanish resident, the withholding does not apply. The seller’s residence status must be confirmed — not assumed — before the notary appointment.
Due diligence for off-plan purchases
Buying a property that has not yet been built carries additional and distinct risks.
Under Spanish law (currently governed by the building regulations incorporated into the Ley de Ordenación de la Edificación and the Consumer Protection Law), developers are required to provide individual bank guarantees or insurance policies for every stage payment made by the buyer before completion. The guarantee must be issued by a bank or insurance company authorised in Spain and must cover the full amount paid plus a stipulated interest rate.
What to verify:
- That the developer holds all necessary planning permissions, including the licencia de obras (building permit) and, if applicable, the aprobación del proyecto (project approval)
- That the bank guarantee or insurance policy exists for each stage payment, and that the guarantee document names you specifically as the beneficiary
- That the specification (memoria de calidades) is attached to the purchase contract and describes materials, appliances, and finishes in sufficient detail to be enforceable
- The developer’s financial standing — ask for accounts, consider checking the commercial registry entry (Registro Mercantil) for any insolvency annotations
- Delivery date and what happens (delay penalties, buyer’s right to cancel) if delivery is late
Common problem: Many purchasers pay stage payments without obtaining their individual bank guarantee certificates, relying on the developer’s assurance that the guarantee is “in place.” If the developer becomes insolvent before completion, buyers without individual certificates may find it extremely difficult to recover their payments from the guarantee fund. This happened on a large scale during the 2008–2012 property crisis and has recurred in smaller individual developer insolvencies since.
Common pitfalls for foreign buyers
Based on years of acting for foreign buyers in Spain, BMC has identified the mistakes that cause the most significant problems:
1. Signing the arras contract without completing due diligence. Once you sign and pay the deposit, your protection is limited to recovering double the deposit if the seller withdraws. If you discover a serious legal problem after signing, you may be in the uncomfortable position of choosing between losing your deposit and proceeding with a problematic purchase.
2. Relying on the estate agent’s recommended solicitor. Many estate agents in tourist areas refer buyers to a solicitor with whom they have a financial relationship. This is a conflict of interest. Your legal advisor must be instructed by you, paid by you, and answerable exclusively to you.
3. Not checking whether the seller’s mortgage has been cancelled. If the seller has a mortgage on the property, it must be formally cancelled at the time of sale, not simply “covered by the proceeds.” A mortgage discharge requires a notarised cancellation deed and registration at the Land Registry. We have seen cases where buyers completed without ensuring formal cancellation and subsequently faced claims from the seller’s bank.
4. Ignoring the community of owners. Before buying in an urbanisation or apartment block, request the last three years of community meeting minutes and accounts. This reveals pending major works, disputes, unpaid assessments, and the financial health of the community. A community with large outstanding debts or deferred maintenance is a liability.
5. Assuming the surface area is correct. The area in the nota simple, the area in the catastro, the area the agent advertises, and the area you can measure in the property are routinely different. You are paying per square metre in most markets; precision matters.
6. Not understanding the inheritance implications. If you buy property in Spain in your own name, Spanish inheritance law applies to that property when you die, regardless of your nationality or the law applicable to the rest of your estate. Spanish succession law includes legítima provisions (forced heirship rules) that limit your freedom to leave the property to whoever you choose. A carefully structured purchase — the right ownership vehicle, a Spanish will (testamento ante notario) made at the time of purchase — is worth planning from day one.
7. Failing to file Modelo 210. The AEAT’s enforcement on non-resident property tax has intensified. Undeclared years generate interest at 3.75% per year plus surcharges of 5–20% depending on when the voluntary disclosure is made. Regularising multiple years of non-filing is manageable but expensive; the better approach is to file every year from the start.
Planning for sale or inheritance
Property purchased in Spain will eventually be sold or inherited. Both events carry significant tax consequences that are far easier to manage with advance planning.
On sale: Capital gains tax on the difference between the acquisition cost (including taxes and fees) and the sale price is payable by the seller. Non-residents are taxed at 19% (EU/EEA) or 24% (non-EU) on the net gain. Planning the acquisition cost correctly from day one — ensuring all legitimate acquisition costs and improvement expenditures are documented and declared — reduces the eventual capital gains tax liability.
On inheritance: Spanish inheritance and gift tax (Impuesto sobre Sucesiones y Donaciones) applies to Spanish-sited assets, regardless of where the deceased was domiciled. The rates and tax-free allowances vary dramatically by autonomous community: Madrid offers very generous allowances for direct family heirs (the effective tax on inheritance between parents and children can be close to zero), while other regions are considerably less favourable. Structuring joint ownership and making a Spanish will in advance of any health issues is strongly advisable.
Holding structures: Some buyers choose to hold Spanish property through a Spanish Sociedad Limitada (private limited company) or a foreign holding company. This can offer estate planning advantages and, in some cases, ITP savings (on subsequent share transfers rather than property transfers). However, companies owning Spanish residential property are subject to the Impuesto sobre Sociedades (corporation tax) at 25% and, for certain companies owning residential property used by shareholders, an additional Gravamen Especial sobre Bienes Inmuebles of 3% of the cadastral value annually. Corporate holding structures for Spanish residential property require careful, specific tax advice before implementation.
Regional variations: where you buy matters
Beyond the ITP rate differences described above, each region has practical features that affect the purchase experience:
Andalucía (Costa del Sol, Marbella, Granada, Seville): The Junta de Andalucía reduced its ITP rate to 7% in 2021, making it competitive. The market has a large non-resident buyer proportion, notaries in coastal areas are experienced with international transactions, and English-language legal services are well-established.
Balearic Islands (Mallorca, Ibiza, Menorca): The progressive ITP scale reaching 13% makes large transactions expensive. The islands also have particularly stringent planning regulations, especially for rural properties (fincas rústicas), and tourist rental licensing is complex and increasingly restricted.
Valencia and Costa Blanca: ITP at 10%, but the cadastral values in many areas are relatively low, keeping the Modelo 210 imputed income tax modest. A large inventory of older apartment-block properties, where community of owners issues are common.
Madrid: ITP at 6%, the lowest of the major regions. The market for new-build properties is large and diverse. Madrid’s administrative efficiency is generally higher than coastal regions, and Land Registry processing times are shorter.
Cataluña (Barcelona, Costa Brava): ITP at 10% and a complex regulatory environment for tourist rentals. New pisos turísticos licences are effectively frozen in Barcelona city. High demand for quality properties keeps prices resilient.
Canary Islands: IGIC (the Canarian equivalent of IVA) at 6.5% rather than the mainland ITP — a significant saving on large transactions. The Canary Islands also have a special tax regime (ZEC, or Zona Especial Canaria) that can be relevant for buyers considering using a property-owning company in the islands.
At BMC, we act exclusively for buyers. We have no financial relationship with any estate agent, developer, or mortgage broker, and our only client is you. Whether you are purchasing a holiday apartment on the Costa del Sol for 200,000 euros or a villa in Mallorca for five million, our service scales to match the transaction and the risk involved.
Use our property purchase cost calculator to estimate the total acquisition cost for your specific autonomous community and purchase price.
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