Buying Property in Spain as a Canadian – Legal Guide

Many Canadians dream of owning a home in Spain — whether it’s a retirement retreat, a vacation property, or a real estate investment. The good news? Canadians can freely buy property in Spain without needing to be residents.

However, buying real estate in Spain involves complex legal steps, registration requirements, and potential tax implications. In this guide, we explain how to buy property in Spain as a Canadian, what to watch out for, and how Borderless Lawyers can guide you every step of the way.


🏡 Can Canadians buy property in Spain?

✅ Yes. As a Canadian, you have the same legal rights as Spaniards to buy property in Spain. You can purchase:

  • Apartments, houses, or villas

  • Commercial properties (e.g. shops, offices)

  • Rural land or coastal homes

  • Properties to rent out long-term or as vacation rentals

📌 No visa or residency is required to purchase — but if you plan to live in Spain long-term, you’ll need a residence permit (see Article 1 and 2).


📑 Step-by-step guide to buying property in Spain

✅ Step 1: Get an NIE (Foreigner Identification Number)

This number is required for any legal or tax-related activity in Spain — including buying property.
You can get it:

  • At a Spanish consulate in Canada

  • In Spain (in person or through power of attorney)

✅ Step 2: Open a Spanish bank account

All property payments, taxes, and utilities must go through a Spanish account.
💡 Some banks allow remote opening with legal support.

✅ Step 3: Choose the property

Use a licensed real estate agent or buyer’s agent.
Important: Never commit without legal review of property ownership, debts, and zoning compliance.

✅ Step 4: Sign a reservation contract (Contrato de Arras)

This contract reserves the property and usually requires a 5–10% deposit.
It’s legally binding and includes penalties for withdrawal.

✅ Step 5: Sign the public deed (Escritura Pública)

Done at a Spanish notary with both parties present (or your lawyer via power of attorney).
The deed is then filed with the Property Registry (Registro de la Propiedad).


💸 Costs & taxes when buying property in Spain

Item Approximate Cost
Property transfer tax (ITP) 6–10% (resale properties)
VAT + Stamp Duty (new builds) 10% + 1–1.5%
Notary and land registry fees 1–2%
Legal fees (lawyer) 1–1.5%
Bank charges & currency exchange Varies

💡 Costs vary slightly depending on the region (Andalusia, Catalonia, Valencia, etc.)


🧾 Documents required to buy property

Document Provided by
Valid Canadian passport Buyer
NIE number Buyer
Proof of funds / mortgage Buyer
Nota Simple (title report) Lawyer
Energy certificate Seller
Certificate of no debts (IBI, utilities) Seller

⚠️ Common legal pitfalls to avoid

❌ Risk Why It Matters
Skipping due diligence You may inherit unpaid debts or fines
Buying unregistered property Can’t legally transfer ownership
Overpaying without property valuation Market overpricing, loss of investment
Buying property under construction Legal delays or license issues
Sending deposits without legal escrow Fraud or loss of funds

Our legal team runs full title searches, zoning checks, and tax reviews before you commit.


🏘️ Can buying property lead to Spanish residency?

Not automatically. Spain eliminated the Golden Visa program, so buying property no longer provides a direct residency path.

However, if you:

  • Have sufficient passive income

  • Own property outright

  • Plan to stay long-term
    …you can apply for the Non-Lucrative Visa or Digital Nomad Visa and show property ownership as part of your financial stability.

📌 We guide Canadians through this process in combination with property purchase.


👩‍⚖️ How Borderless Lawyers helps Canadians buy property in Spain

✔️ Get your NIE and open a Spanish bank account remotely
✔️ Review contracts and title deeds for hidden issues
✔️ Draft or revise reservation and purchase contracts
✔️ Represent you by power of attorney
✔️ Coordinate with notaries, banks, sellers, and registries
✔️ Help you comply with tax obligations (transfer tax, IBI, Modelo 720)
✔️ Combine with visa strategy if you’re planning to move

We provide full legal protection, in English, without you having to fly to Spain.


📞 Call to Action

Thinking of buying a home in Spain as a Canadian?
Avoid costly mistakes — let our legal team protect your investment from start to finish.

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