Buying Property in Spain as an International Buyer — What You Need to Know

Spain is one of the most popular property markets in Europe for international buyers, and for good reason — the climate, the cost of living relative to northern Europe or the U.S., the quality of daily life, and a buying process that, while different from what you're used to, is well-established and accessible to foreigners. Thousands of non-Spanish nationals buy property here every year.

That said, buying in another country comes with its own complexity. The legal framework is different. The tax implications are specific to your nationality and residency status. The process has steps that don't exist in many home markets. And the practical details — finding the right property, planning a viewing trip, understanding what you're actually buying — benefit enormously from local knowledge.

This article gives you a high-level overview. It's not legal advice, and it doesn't replace the guidance of a qualified lawyer or tax advisor. Think of it as orientation — the kind of clarity that helps you ask better questions and walk into the process knowing what to expect.

Important: Property law, tax regulations, and immigration rules change. The information here is general in nature and current at the time of writing. Always verify specifics with a qualified legal professional before making financial commitments.

The Basic Framework

Every property purchase in Spain — whether you're buying from London, New York, Amsterdam, or Dubai — follows the same general sequence.

You start by obtaining an NIE (Número de Identificación de Extranjero), which is the tax identification number required for any property transaction. Without it, you can't sign a purchase contract. You can apply at a Spanish consulate in your home country or in person in Spain; the process and timeline vary by nationality and location.

You'll need a Spanish bank account for the transaction and for ongoing costs like utilities, community fees, and local taxes. You'll need a lawyer — not optional, and not something to economize on — who specializes in Spanish property transactions and ideally understands the specific considerations for your nationality.

Once those foundations are in place, the process moves through finding the right property, making an offer, signing an arras (deposit) contract that commits both parties, conducting legal due diligence, and signing the escritura (purchase deed) before a notary to complete the sale. After that come the administrative steps: registration, utilities, tax payments, and community-of-owners notifications.

The buying in Spain hub covers each of these steps in more detail.

What Varies by Nationality

The framework is the same for everyone, but the details diverge depending on where you're from.

EU citizens benefit from freedom of movement and can register as residents in Spain relatively straightforwardly. The NIE process is typically faster, and tax treatment for EU/EEA nationals is more favorable on certain income types, including imputed rental income on Spanish property.

UK nationals, since Brexit, are treated as third-country nationals for immigration and some tax purposes. Owning property doesn't grant residency. Stays beyond 90 days in any 180-day period require a visa or residency permit. The non-resident income tax rate on imputed rental income is higher than for EU nationals. Currency risk (GBP to EUR) is an additional factor. The guide for EU and UK buyers addresses these differences specifically.

Americans face a different set of considerations: no MLS equivalent in Spain, a lawyer-driven process rather than the title-company model, ongoing non-resident tax obligations even if you don't rent the property, and the interaction between Spanish and U.S. tax law via the bilateral tax treaty. The guide for Americans covers the U.S.-specific details.

Other non-EU nationals — from Canada, Australia, the Middle East, Asia, or elsewhere — follow the same broad process but may face additional documentation requirements for the NIE, different mortgage terms, and specific tax treaty considerations. A lawyer experienced with your nationality is essential.

None of these differences make buying impossible or even particularly difficult. They make it specific — and specificity is what good legal advice handles.

Costs Beyond the Purchase Price

One of the most common questions from international buyers is what the total cost actually looks like. The purchase price is only part of it.

For resale properties in Andalucía, transfer tax (ITP) is currently around 7% of the purchase price. For new builds, you'll pay VAT (IVA) at 10% plus stamp duty (AJD). On top of that: notary fees, Land Registry fees, and legal fees. A reasonable estimate for total transaction costs is 10–13% above the purchase price.

After the purchase, ongoing costs include local property tax (IBI), community fees for the building, rubbish collection tax, home insurance, and utilities. Non-resident owners also owe non-resident income tax — even if the property is not rented. If you do rent it, rental income is taxable in Spain, with different rates for EU and non-EU owners.

These costs are predictable and manageable, but they need to be factored into your budget from the beginning. Your lawyer or tax advisor provides the specific numbers based on the property you're buying and your residency status.

This section provides general estimates. Tax rates and structures are subject to change. Consult a qualified tax advisor for current figures specific to your situation.

Financing: Mortgages for Non-Residents

Spanish banks do offer mortgages to non-residents, but the terms differ from resident lending. Non-residents typically qualify for 60–70% loan-to-value, meaning you'll need 30–40% of the purchase price as a deposit, plus the transaction costs above.

Interest rates, documentation requirements, and approval timelines vary by bank and by the applicant's financial profile. The process can take several weeks, so if you plan to finance, start the conversation with a mortgage advisor before your viewing trip — not after you've found a property.

Some international buyers choose to finance through their home-country bank using existing assets as security. Others buy with cash. The right approach depends on your financial situation, and a mortgage advisor who works with international clients can help you compare options.

Due Diligence: What Your Lawyer Checks

Due diligence in Spain is handled by your lawyer, not by a title company or the agent. It's one of the most important parts of the process, and it protects you from buying a property with hidden problems.

Your lawyer verifies: legal ownership, debts or charges attached to the property, planning compliance, community-of-owners financial health, and any discrepancies between the registered description and the physical reality. For higher-value or more complex properties, additional checks may include structural surveys, renovation permit verification, and environmental assessments.

The luxury due diligence guide covers the additional layers worth considering for more complex purchases.

Due diligence is not optional. It is the single most important safeguard in the buying process. Never skip or rush it, regardless of market pressure or urgency from the seller's side.

Planning a Viewing Trip

Most international buyers make one or two focused trips to Málaga before purchasing. Three to five days is typically enough for a well-organized search.

The key is preparation. Before you arrive, you should have: your priorities defined (neighborhood, budget, space, lifestyle requirements), a shortlist of properties to view, a lawyer identified, and your financing explored if applicable. This means your time in Málaga is spent viewing and experiencing neighborhoods, not starting from scratch.

Walking the neighborhoods matters as much as viewing the apartments. The moving to Málaga hub has guides organized by buyer profile — remote workers, couples, families, expats — that can help you think about which area fits your daily life.

You can browse the listings before your trip to start getting a feel for what's available at different price points.

How Denise Helps International Buyers

Denise works primarily with international buyers and understands the points where the process feels opaque or unfamiliar.

She doesn't provide legal or tax advice — those come from your lawyer and tax advisor. What she does is coordinate: building a focused shortlist based on your priorities, organizing your viewing days for maximum efficiency, providing context about neighborhoods and buildings that listings can't convey, connecting you with trusted legal and financial professionals, and staying involved as a consistent point of contact throughout the process.

Most of her clients start the process from another country. The early work — understanding your priorities, answering your questions, building the shortlist — happens remotely. The viewing trip is when things get real, and by then, you arrive with a plan rather than a blank slate.

Common Mistakes to Avoid

International buyers who run into problems usually make one of a few avoidable mistakes.

Skipping the lawyer. Using a lawyer isn't legally required in Spain, but buying without one is a significant risk — especially for international buyers unfamiliar with the system.

Choosing a lawyer who doesn't specialize. A general practice lawyer is not the same as one who handles property transactions regularly. Cross-border tax implications make this even more important.

Not budgeting for total costs. The purchase price plus 10–13% is a more realistic number than the purchase price alone. Being surprised by transaction costs after you've signed the arras is avoidable.

Rushing due diligence. Market pressure is real, but the consequences of buying a property with legal problems far outweigh the risk of losing a specific listing.

Ignoring the neighborhood. The apartment matters, but the neighborhood determines your daily life. Spending time walking the streets — not just viewing properties — makes a real difference in decision quality.

Where to Start

If you're considering buying property in Málaga, the best first step is a conversation. Get in touch with Denise to discuss your situation — where you're coming from, what you're looking for, and what your timeline looks like. There's no commitment in a first call, and it's the fastest way to get oriented.

For more detailed information on the process, the buying in Spain hub is the central resource — with specific guides for Americans, EU and UK buyers, and higher-value due diligence.

You can also browse the listings or explore the moving to Málaga hub if you're still in the early research stage.