Can a foreigner buy a property in Spain?

The process for purchasing a property in Spain involves the following steps:

1. Search and negotiation: agreement on the price and conditions of the sale.
2. Land registry certificate: verify that the property is free of encumbrances (mortgages, attachments).
3. Earnest money contract: reservation with a deposit (usually 10% of the price).
4. Financing: if a mortgage is needed, apply for and obtain bank approval.
5. Notarial deed: execution of the purchase deed before a notary (in person or online via videoconference).
6. Tax settlement: ITP (for second-hand) or IVA + AJD (for new construction), within the established deadlines.
7. Registry inscription: register the deed in the Property Registry.

The taxes depend on the type of housing:

Second-hand home:

• ITP (Property Transfer Tax): between 6% and 10% of the purchase price according to the autonomous community. Madrid applies 6%, Catalonia 10%, Andalusia 7%, etc.

New construction home (from the developer):

• IVA: 10% of the price (4% for Official Protection Housing)
• AJD (Tax on Documented Legal Acts): between 0.5% and 1.5% according to the autonomous community

Other expenses for the buyer: notarial fees, registration costs, and management agency fees.

The arras contract is a pre-contract of sale where the buyer delivers a financial deposit to reserve the property. There are three types:

• Confirmatory arras: they constitute an advance on the price. If any party breaches, the other may demand fulfillment of the contract or claim damages and losses.
• Penitential arras (art. 1454 CC): the most common ones. If the buyer withdraws, they lose the deposit. If the seller withdraws, they return double. No party can be forced to buy/sell.
• Penal arras: they function as a penalty clause; the deposit is a penalty but does not prevent demanding the fulfillment of the contract.

It is essential to clearly specify the type of arras in the contract. Our team reviews and drafts the arras contract to protect your interests.

The seller must provide:

• Valid DNI/NIE
• Deed of ownership of the property
• Updated simple note from the registry (current charges)
• Energy certificate of the property (mandatory for sale)
• IBI (receipt for the Property Tax) for the current year
• Certificate from the homeowners' association confirming payments are up to date
• Habitation certificate (in regions that require it: Catalonia, Valencian Community, etc.)
• If there is a mortgage: certificate of outstanding debt from the bank

Yes, the NIE (Número de Identificación de Extranjero) is essential to buy a property in Spain. Without it, you cannot sign the purchase deed before a notary, pay the transfer taxes, or register the property in your name at the Land Registry.

The NIE can be obtained in the following ways:

• At the Spanish consulate in your country of residence (recommended if you live outside Spain).
• In person in Spain, at a Police Station with a foreigners' unit.
• Through an authorised representative via a power of attorney, who can process it on your behalf without you having to travel.

At Notaría Online we can help you obtain the NIE through a power of attorney and coordinate the entire purchase process from start to finish.

The taxes paid by a foreigner when buying a property in Spain are the same as for any resident buyer, with some important specificities:

• Second-hand property: Property Transfer Tax (ITP), between 6% and 11% depending on the autonomous community.
• New property from a developer: VAT at 10% (4% for subsidised housing) + Stamp Duty (AJD) between 0.5% and 2%.

Special rule for non-residents — 3% withholding: If the seller is a non-resident in Spain, the buyer is legally required to withhold 3% of the purchase price and pay it to the tax authorities using Form 211 within one month. Failure to do so may make the buyer liable for the seller's tax debt.

Furthermore, once you own the property, if you do not reside in Spain you will be subject to the Non-Resident Income Tax (IRNR) on imputed rental income: 1.1% of the cadastral value, taxed at 19% (EU residents) or 24% (others).