Owning a property in Spain is a dream for many UK citizens — whether for retirement, vacation, or investment. Fortunately, UK nationals can still buy property in Spain post-Brexit. However, the legal process is very different from the UK system, and mistakes can be costly.
In this guide, we explain how British citizens can legally and safely buy property in Spain, the legal checks required, how Brexit has changed ownership rights, and how Borderless Lawyers supports UK buyers from start to finish.
🏘️ Can UK Citizens Buy Property in Spain?
Yes. Spain imposes no restrictions on foreign ownership, and UK nationals can legally buy:
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Apartments and houses
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Holiday homes or investment rentals
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Rural land or off-plan properties
🔹 Important: Buying property does not grant you Spanish residency. If you plan to live in the property long-term, you’ll need a visa — covered in Article 1.
📝 Legal Steps to Buy Property in Spain as a UK Citizen
| Step | Description |
|---|---|
| 1️⃣ Get an NIE (Foreigner ID Number) | Required for any property purchase or tax activity |
| 2️⃣ Open a Spanish bank account | Used for payments, taxes, and utilities |
| 3️⃣ Hire a local property lawyer | Crucial for due diligence, contract review, and negotiation |
| 4️⃣ Sign the Contrato de Arras | Reservation contract; pay deposit (typically 5–10%) |
| 5️⃣ Conduct legal checks | Ensure property is legal, debt-free, and registered properly |
| 6️⃣ Sign the purchase deed (Escritura Pública) | At a Spanish notary, in person or via power of attorney |
| 7️⃣ Register the property | At the Land Registry and Cadastre (for tax purposes) |
💡 We handle all steps for UK clients remotely, without needing to fly to Spain.
⚖️ Legal Due Diligence – What We Check
Before completing any purchase, we verify:
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Legal ownership and clean title
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Outstanding debts, mortgages, or charges
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Urban planning and zoning compliance
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Building licences and legality (especially for rural homes)
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Utility and local tax payments (IBI)
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Whether the property is rental-eligible or subject to local limits
✅ We prevent surprises that can invalidate your investment or block resale.
💸 Taxes & Fees When Buying in Spain
| Item | Typical Cost |
|---|---|
| Property transfer tax (resale) | 6–10% (varies by region) |
| VAT + stamp duty (new builds) | 10% VAT + 1.5% AJD |
| Notary & Land Registry fees | 1–2% |
| Legal fees (conveyancing) | 1–1.5% |
| Currency conversion losses | 1–2% if unmanaged |
| Mortgage fees (if applicable) | 1–2% of loan amount |
📌 Pro tip: Use a currency transfer provider to avoid bank losses. We coordinate this for you.
🧾 Documents Needed for UK Buyers
| Document | Provided by |
|---|---|
| Valid UK passport | Buyer |
| NIE certificate | Buyer |
| Spanish bank account | Buyer |
| Proof of funds or mortgage | Buyer |
| Nota Simple (title report) | Lawyer/seller |
| Energy Certificate (CEE) | Seller |
| IBI and utility clearance | Seller |
📌 All foreign documents must be translated and legalized where needed.
🏡 Do You Need a Visa to Own or Rent Out the Property?
| Scenario | Visa Required? |
|---|---|
| Buy for holiday use (<90 days) | ❌ No visa needed |
| Buy and live year-round | ✅ Yes, you need a residence visa |
| Buy and rent short-term | ❌ Not required, but must register as landlord |
| Buy and rent long-term | ❌ Not required, but must declare income for tax |
📅 Can I Buy Remotely from the UK?
Yes. We regularly help UK buyers purchase Spanish property without traveling. You simply:
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Sign a Power of Attorney
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We open your bank account, obtain your NIE, and represent you
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We negotiate and sign contracts, register the deed, and pay taxes
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You receive full ownership — completely legally
✅ Remote, secure, and stress-free.
⚠️ Common Mistakes by UK Buyers in Spain
| ❌ Mistake | 💥 Risk |
|---|---|
| Signing without a lawyer | May accept hidden clauses or debts |
| Skipping due diligence | Can buy illegal or unregistered property |
| Using seller’s lawyer | Conflict of interest |
| Forgetting to plan taxes | May face surprise costs |
| Assuming UK law applies | Spain’s system is entirely different |
👩⚖️ How Borderless Lawyers Helps UK Buyers
✔️ Act as your independent legal representative
✔️ Conduct full legal due diligence
✔️ Review and negotiate contracts in English
✔️ Coordinate with notary, bank, and seller
✔️ Handle Power of Attorney process
✔️ Manage tax registration and payments
✔️ Combine with visa/residency planning if needed
✅ We protect your money, your future, and your peace of mind.
📞 Call to Action
Buying a home in Spain from the UK?
Let our bilingual legal team handle every step — remotely and securely.