- Yes, foreigners can still buy property in Spain in 2026. There is no restriction on non-EU nationals owning residential property.
- You need a NIE (Spanish tax ID), a Spanish bank account, and typically an independent bilingual lawyer.
- The tax landscape is shifting (Ley 12/2023 housing law, proposed non-resident tax reforms) but the core right to buy is intact.
- Ownership rights for non-residents are the same as for residents: freehold title, same LOE warranties, same bank guarantee protection on off-plan.
- The only real change is that buying no longer grants residency since 3 April 2025.
The most common worry we hear from international buyers in 2026 is “can I even still buy in Spain?” The short answer is yes. The longer answer involves the political noise around Spanish housing policy and recent residency rule changes, which have been reported abroad in ways that suggest non-EU buyers are being locked out. This page sets out the actual current rules and separates the headlines from the reality.
Can foreigners buy residential property in Spain in 2026?
Yes. There is no restriction in Spanish law on foreign ownership of residential property. EU nationals, EEA nationals, UK nationals, Americans, Canadians, UAE residents, Swiss and everyone else can buy freehold title to Spanish homes. The ownership rights are identical to those of Spanish nationals. You can sell, rent, bequeath and mortgage the property on the same terms as any domestic owner.
What has actually changed recently?
Three things over the past two years, none of which block buying but some of which affect the tax and residency landscape:
- Property-to-residency route abolished (3 April 2025). Organic Law 1/2025 removed the €500,000 property investment route to Spanish residency. Non-EU buyers can still buy; they just cannot get residency from the purchase. See our dedicated page on Spain residency options for the detail.
- Housing law Ley 12/2023. The 2023 Spanish housing law introduced some new controls on rental pricing in “stressed” areas (designated by regional governments) and rules on tenant protections. Manilva is not classed as a stressed area so rental rules are effectively unchanged there.
- Proposed non-resident tax reforms. Various Spanish political proposals have floated additional taxes on non-resident property owners. As of 2026 none of these are in force in Andalucía. Stay informed but do not let speculation dictate buying decisions.
What do foreigners actually need to buy a Spanish property?
- Valid passport. Your own country’s passport. No Spanish or EU passport required.
- NIE (Número de Identidad de Extranjero). Spanish tax ID for foreigners. Required for every property purchase by a non-Spanish national. Apply at a Spanish consulate in your home country or in person in Spain. Typically takes 2 to 8 weeks.
- Spanish bank account. Used for the completion payment, ongoing utility and community fee payments, and annual tax payments. Can be opened remotely with most Spanish banks.
- Independent bilingual lawyer. Not legally required but highly recommended. Around 1 percent plus IVA of the sale price.
- Funds. You need the sale price plus around 12 to 14 percent in buying costs. If using a mortgage, non-residents can typically finance up to 70 percent of the sale price.
Are non-residents taxed differently?
Yes in some respects. Non-resident property owners in Spain pay:
- IBI (local property tax). Same rate as residents, set by municipality.
- Impuesto sobre la Renta de No Residentes (IRNR). Annual non-resident income tax. For properties not rented out, the tax is based on a notional rental value (typically 1.1 percent of cadastral value) taxed at a flat rate (19 percent for EU/EEA residents, 24 percent for everyone else).
- Wealth tax (Impuesto sobre el Patrimonio). Andalucía effectively reduced wealth tax to zero for residents and non-residents alike via a 100 percent regional rebate, though this is subject to political change. A temporary “solidarity tax on large fortunes” also applies at the national level above certain thresholds.
- Capital gains tax on sale. 19 percent for EU/EEA residents, 24 percent for everyone else. Plus a plusvalía municipal tax on the land value increase.
These are the standard regime lines. Your Spanish accountant can give you a personalised annual cost figure.
Can I rent my Spanish apartment out?
Yes, with conditions. Long-term residential rentals are allowed subject to the 2023 housing law (Ley 12/2023) which sets tenant protection rules. Short-term tourist rentals require a licence from the Junta de Andalucía and must comply with tourism regulations (VUT, Vivienda con Fines Turísticos). Each Andalucían municipality can impose additional rules; Manilva currently allows tourist rentals with the standard VUT registration.
We do not provide rental yield projections because the market varies and we will not make guarantees we cannot keep. If rental income is central to your buying decision, speak to a local rental manager for an independent forecast.
Can I get a Spanish mortgage as a non-resident?
Yes. Most major Spanish banks (Santander, BBVA, CaixaBank, Banco Sabadell) offer non-resident mortgages on similar terms to resident mortgages, with a lower maximum loan-to-value ratio. Typical non-resident LTV is 60 to 70 percent versus 80 percent for residents. Interest rates are similar between resident and non-resident products. Paperwork is more extensive for non-residents (income verification, bank statements from your home country, proof of tax residency).
What about buying through a company?
Possible but rarely worthwhile for personal use. Buying through a Spanish or foreign company creates additional tax and accounting obligations (annual company filings, corporate tax) and the tax benefits are marginal for private residential use. Only consider this if you have specific tax advice for your country of residence that recommends it.
Related reading
- How buying off-plan in Spain actually works
- Total buying costs
- Spain residency options after the Golden Visa
- Bank guarantee under Ley 20/2015
- Contact Marcelo
Informational page. Not tax or legal advice. Always consult a qualified Spanish lawyer and tax specialist for your personal situation before buying.
Frequently Asked Questions
Can foreigners buy property in Spain in 2026?
Yes. There is no restriction on non-EU nationals buying residential property in Spain. You need a NIE (tax ID), a Spanish bank account, and an independent bilingual lawyer. Ownership rights for foreigners are the same as for Spanish nationals.
Has the 2025 residency rule change affected the ability to buy?
No. Organic Law 1/2025 removed the property-based residency route on 3 April 2025 but did not affect the right to buy. You can still purchase any Spanish property as a non-EU national. You just do not automatically get residency from the purchase. See the dedicated Spain residency options page for the full reframe.
Do I need to be a Spanish resident to buy?
No. Non-residents can buy freehold Spanish property on the same terms as residents, with some small tax differences (slightly higher capital gains rate, annual non-resident income tax on unoccupied periods). The ownership itself is the same.
Can I get a Spanish mortgage as a non-resident?
Yes. Most major Spanish banks offer non-resident mortgages at 60 to 70 percent loan-to-value ratio (versus 80 percent for residents). Interest rates are similar. Paperwork is more extensive because you need to verify income and tax residency in your home country.
What is Ley 12/2023 and does it affect my purchase?
The 2023 Spanish housing law introduced rental pricing controls in stressed areas and additional tenant protections for long-term residential rentals. Manilva is not classified as a stressed area. If you plan to rent out your apartment long-term it adds modest compliance steps; for personal use it has no practical effect.
Are there extra taxes for non-resident property owners?
Yes. Non-residents pay an annual Impuesto sobre la Renta de No Residentes based on a notional rental value (typically 1.1 percent of the cadastral value) at 19 percent (EU/EEA) or 24 percent (everyone else). This is on top of IBI (local property tax). Your lawyer or accountant calculates the exact annual amount.
Can I rent my Spanish apartment to tourists?
Yes with a VUT (Vivienda con Fines Turísticos) licence from the Junta de Andalucía. Manilva currently allows tourist rentals subject to the standard licence process. Long-term rentals to residents fall under Ley 12/2023 protections.
Will UK buyers face any post-Brexit restrictions?
On ownership itself, no. UK nationals can buy freehold Spanish property on the same terms as any other non-EU national. The practical changes since Brexit are on the residency and tax side: UK nationals need the Non-Lucrative Visa or Digital Nomad Visa to live full-time in Spain, and fall under the 24 percent non-resident tax rate rather than the 19 percent EU rate.
Can US and Canadian buyers buy Spanish property?
Yes. Same terms as other non-EU buyers. North American buyers are a small but growing segment of the Costa del Sol market and several Nylva Homes enquiries come from this group.
Can UAE and Gulf buyers buy Spanish property?
Yes, with no restrictions. UAE residents make up a meaningful share of international buyers on the Costa del Sol and Spain generally. BlancaReal works regularly with UAE-based buyers and can handle the process remotely via WhatsApp and video viewings.
Is buying through a company worthwhile?
Rarely for personal use. Buying through a Spanish or foreign company creates additional annual tax and accounting obligations and the tax advantages are typically marginal. Only consider this route with specific advice from a tax specialist in your country of residence.
How long does the whole buying process take?
From first contact to notary completion, roughly 2 to 4 weeks for a resale and longer for an off-plan (because you wait for construction). NIE application can run in parallel and typically takes 2 to 8 weeks. Lawyer review of the contract takes 5 to 10 working days.
Will Spain introduce a non-resident property ownership ban?
Not in any concrete legislative proposal as of 2026. Some political figures have floated the idea as a housing affordability response but nothing has been drafted into law. We do not speculate on future restrictions that may or may not come into effect.
Do I pay the same VAT as a Spanish buyer?
Yes. The 10 percent IVA on a new build applies to all buyers regardless of nationality. There is no foreigner surcharge and no VAT exemption for foreign buyers. The same is true of the 1.2 percent AJD stamp duty in Andalucía.