Denise Guerrero
Workspace image for property planning and due-diligence guidance

Buying Property in Spain as an EU or UK Citizen — A Practical Guide

EU citizens and UK nationals make up a significant share of international property buyers in Málaga — and for good reason. The proximity, the climate, and the quality of life make southern Spain a natural fit. The buying process is accessible, but it isn't identical to what you're used to at home, and post-Brexit rules have changed some of the details for British buyers. This page covers the key steps, where things vary, and how Denise helps you through the process.

The Path to Purchase: High-Level Steps

The buying process in Spain follows a predictable sequence regardless of where you're from, though some details depend on your nationality and residency status.

NIE first. Every foreign buyer needs a Número de Identificación de Extranjero — a Spanish tax identification number. EU citizens can typically obtain this relatively quickly, either at a Spanish consulate or in person in Spain. UK nationals follow the same process but should allow for slightly longer timelines in some consulates since Brexit changed the administrative category.

Spanish bank account. You'll need one for the transaction and for ongoing costs — utilities, community fees, local taxes. Some Spanish banks are more set up for international clients than others. Denise can point you toward banks her clients have had good experiences with.

Find the right property. This is where Denise comes in. She builds a shortlist based on your priorities, organizes viewings, and provides the kind of context — about the neighborhood, the building, the pricing — that you can't get from a listing alone.

Offer and negotiation. Offers are made through the agent and are subject to negotiation. How an offer is structured can affect your position, so having an experienced agent on your side matters.

Arras contract. Once an offer is accepted, both parties sign an arras (deposit) agreement. The buyer pays a deposit — typically around 10% of the purchase price. This contract has legal consequences if either side withdraws, so your lawyer should review it before you sign.

Due diligence. Your lawyer verifies the property's legal status: ownership, debts, charges, planning permissions, community regulations. This happens between the arras and the final signing.

Escritura. The final purchase deed is signed before a notary, the remaining balance is paid, and ownership transfers. The deed is then registered at the Land Registry.

Post-purchase. Administrative steps follow: registering in your name, setting up utilities, paying the applicable taxes, and notifying the community of owners.

This is the standard framework. The specifics — timelines, tax rates, documentation — vary based on your situation, which is why having a good lawyer and an experienced agent matters more than memorizing each step.

What Varies: EU Citizens vs. UK Nationals

The broad process is the same for both groups, but a few details have diverged since Brexit.

NIE and residency. EU citizens benefit from freedom of movement and can register as residents in Spain relatively straightforwardly if they choose to live here. UK nationals, since January 2021, are treated as third-country nationals for residency purposes. Owning property doesn't grant residency — that requires a separate application. If you plan to spend more than 90 days in any 180-day period, you'll need a visa or residency permit. Consult an immigration lawyer for the specifics.

Tax treatment. EU residents and non-residents have different tax obligations on Spanish property. UK nationals who are non-resident in Spain are now taxed at a different rate than EU/EEA nationals on certain income types, including imputed rental income. The differences aren't dramatic but they're worth understanding. A tax advisor who works with both EU and UK clients can clarify what applies to you.

Healthcare and social services. EU citizens who become residents in Spain can access the public healthcare system under certain conditions. UK nationals no longer have automatic access and need to arrange private coverage or qualify through other routes. This isn't directly about buying property, but it affects the broader decision of how you plan to use your home in Spain.

Financing. Both EU and UK buyers can access Spanish mortgages, though the terms may differ slightly. Non-resident buyers typically qualify for 60–70% loan-to-value. EU residents in Spain may access higher loan-to-value ratios. Start the financing conversation early so it doesn't delay the purchase.

Currency. UK buyers face exchange rate risk that eurozone buyers don't. The pound-to-euro rate at the time of purchase can materially affect your effective price. Some buyers use currency specialists to lock in rates or transfer funds strategically. This is worth planning rather than leaving to chance.

Inheritance and succession. Spanish inheritance law may apply to property in Spain, and it differs from both UK and most EU systems. EU Regulation 650/2012 allows EU citizens to elect their home country's law to govern their estate, but UK nationals no longer fall under this regulation. Take legal advice on how to structure ownership, especially if you're buying as a couple or for family use.

Buying from Abroad: Practical Considerations

Most EU and UK buyers start the process from home. The logistics are manageable — especially for European buyers, given the short flight times to Málaga.

Start the conversation early. Connect with Denise while you're still in the planning stage. The earlier you begin, the more time there is to build a focused shortlist and align your trip with availability.

Apply for your NIE before visiting. If your nearest Spanish consulate offers the service, applying in advance saves time in Spain. Processing varies — some consulates are fast, others less so. Your lawyer can also apply on your behalf in Spain with a power of attorney.

Line up your lawyer. Find a lawyer who specializes in Spanish property transactions and understands the specific considerations for your nationality. For UK buyers in particular, post-Brexit changes mean your lawyer should be current on the latest rules. Denise can recommend professionals she works with regularly.

Plan a focused viewing trip. Three to five days is usually enough to see a well-curated shortlist. Weekend flights from most European cities are affordable and frequent, which means some buyers make two shorter trips rather than one long one.

Understand the costs. Beyond the purchase price, budget for transfer tax (ITP for resale, around 7% in Andalucía) or VAT plus stamp duty for new builds, plus notary fees, registration fees, and legal fees. Total transaction costs are typically 10–13% above the purchase price. Your lawyer provides a specific estimate.

Consider currency planning. UK buyers should explore options for transferring funds — exchange rate fluctuations can add or subtract thousands from the effective price. Currency specialists offer tools like forward contracts that let you lock in a rate.

Remote steps are normal. Negotiation, arras signing, and even the final escritura can be handled through a power of attorney if you can't be present for every step. Many EU and UK buyers visit for viewings and handle the rest remotely through their lawyer.

How Denise Helps EU and UK Buyers

Denise works with European and British buyers regularly. She understands the practical details that matter most to each group and adjusts her approach accordingly.

She builds a focused shortlist. Rather than overwhelming you with options, Denise curates a selection based on your priorities — budget, neighborhood, space, lifestyle, timeline. Every property on the list is there for a reason.

She organizes your time in Málaga. European buyers often come for short trips. Denise structures viewing days by neighborhood to maximize what you see without making the experience feel rushed.

She provides context you can't get online. Building management quality, noise levels on specific streets, renovation history, community dynamics — Denise shares the information that shapes whether a property is right for daily life, not just on paper.

She connects you with the right professionals. Lawyers, tax advisors, mortgage brokers, currency specialists — Denise has working relationships with professionals who specialize in helping EU and UK clients buy in Spain. She coordinates between parties so nothing falls through the cracks.

She stays involved through the process. From the first conversation to post-purchase handover, Denise is a consistent point of contact. She doesn't replace your lawyer or your bank — she keeps the process organized so you can focus on the decision.

Your Next Step

Whether you're exploring from London, Amsterdam, Dublin, or anywhere else, the best starting point is a conversation. Get in touch with Denise — she'll help you understand where you are in the process and what to do next.

You can also browse the listings to get a sense of what's available in Málaga at your price point. And the guide for EU and UK expats moving to Málaga covers the broader lifestyle picture beyond the purchase itself.

FAQ

Can EU citizens buy property in Spain without restrictions?

Yes. EU citizens can buy property in Spain with no restrictions. The process is straightforward, and freedom of movement makes residency registration relatively simple if you choose to live here.

Can UK nationals still buy property in Spain after Brexit?

Yes. There are no restrictions on UK nationals buying property in Spain. However, ownership doesn't grant residency, and UK buyers are now treated as third-country nationals for immigration purposes. If you plan to stay more than 90 days in any 180-day period, you'll need a visa or residency permit.

What is an NIE and do I need one?

The NIE (Número de Identificación de Extranjero) is a tax identification number required for any property transaction in Spain. Every foreign buyer needs one, regardless of nationality. You can apply at a Spanish consulate or in person in Spain.

How long does the buying process take?

Typically six to twelve weeks from accepted offer to signed escritura. Cash purchases tend to be faster. Mortgage-backed purchases may take longer due to bank approval timelines. Your lawyer and Denise coordinate the process to avoid unnecessary delays.

What are the total costs beyond the purchase price?

Expect approximately 10–13% on top of the purchase price for resale properties in Andalucía. This covers transfer tax (around 7%), notary fees, Land Registry fees, and legal fees. New builds incur VAT (10%) plus stamp duty instead of transfer tax.

Can I get a mortgage in Spain?

Yes. Spanish banks offer mortgages to both EU and UK buyers. Non-residents typically qualify for 60–70% loan-to-value. EU residents in Spain may access higher ratios. Terms and documentation requirements vary, so start the conversation with a mortgage advisor early.

How do taxes differ for UK buyers vs. EU buyers?

The main difference is the non-resident income tax rate on imputed rental income. EU/EEA nationals pay a lower rate than third-country nationals, which now includes UK citizens. Local property tax (IBI) and other charges apply equally. A tax advisor who works with both groups can clarify the specifics for your situation.

Do I need to worry about inheritance law?

Yes — Spanish inheritance law may apply to property in Spain. EU citizens can elect their home country's law under EU Regulation 650/2012. UK nationals no longer fall under this regulation and should take specific legal advice on how to structure ownership. This is particularly important for couples and families.

How should UK buyers handle currency exchange?

Plan rather than leave it to chance. The GBP/EUR rate can significantly affect your effective purchase price. Currency specialists offer tools like forward contracts and regular payment plans that help manage this risk. Denise can recommend specialists her clients have used.

Can I complete the purchase without being in Spain?

Yes. Through a power of attorney (POA), your lawyer can sign the escritura and handle administrative steps on your behalf. Many European buyers visit for viewings and handle the legal and financial steps remotely.

How do I plan a viewing trip from Europe?

Contact Denise before booking flights. She'll help you understand how many days you need and build a shortlist in advance. Three to five days is typical. Short flights from most European cities mean some buyers make two shorter trips rather than one long one.

What if I'm not ready to buy yet?

That's fine. Many buyers start with a conversation months before they're ready. It's a good way to understand the Málaga market, start building a shortlist, and make sure your legal and financial preparation is on track. The EU and UK expats guide is also worth reading if you're still exploring the broader move.

I Want To BuyI Want To SellContact Denise