Spain remains a top destination for German property buyers — whether for retirement, holiday homes, or investment. As EU citizens, Germans can purchase property in Spain without restrictions, but the legal process is significantly different from Germany.
This guide explains how German citizens can buy property in Spain legally and safely, the taxes involved, common legal risks, and how Borderless Lawyers supports you through the entire process — remotely if needed.
🏡 Can German Citizens Buy Property in Spain?
Yes. Germany and Spain are both EU countries, and there are no restrictions on Germans buying:
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Apartments, villas, and rural homes
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Investment rental properties
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Commercial or agricultural real estate
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Off-plan or newly built homes
📌 But ownership does not automatically grant residency. If you plan to live in Spain long-term, you’ll still need to register as an EU resident.
📝 Legal Steps to Buy Property in Spain
| Step | Description |
|---|---|
| 1️⃣ Get a Spanish NIE | Required for all property transactions and taxes |
| 2️⃣ Open a Spanish bank account | For payments, taxes, and direct debits |
| 3️⃣ Hire an independent lawyer | Ensures legal due diligence, drafts/reviews contracts |
| 4️⃣ Sign a Contrato de Arras | Reservation contract; pay deposit (5–10%) |
| 5️⃣ Notary appointment | Final deed signed in presence of Spanish notary |
| 6️⃣ Register ownership | At the Land Registry and Cadastre |
✅ Borderless Lawyers handles each of these steps — with bilingual support in German and English.
🧾 Documents Required from German Buyers
| Document | Purpose |
|---|---|
| Valid German ID or passport | Identity verification |
| NIE certificate | Legal tax ID in Spain |
| Spanish bank account details | For payment and billing |
| Proof of funds or mortgage approval | Required by notary and bank |
| Utility and tax receipts (from seller) | To verify debts are cleared |
| Notarized power of attorney (if remote) | Allows us to represent you |
⚖️ Legal Due Diligence Before Buying
Before purchase, we check:
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Ownership title (Nota Simple)
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Debts or encumbrances (e.g. unpaid mortgages, taxes)
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Planning permission and building legality
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Utility connections and service records
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Compliance with tourist rental laws (if applicable)
✅ We prevent costly mistakes by performing full legal checks — especially important in rural or older properties.
💸 Property Taxes & Costs in Spain
| Expense | Amount |
|---|---|
| Property transfer tax (resale) | 6–10% depending on region |
| VAT + stamp duty (new builds) | 10% VAT + 1.5% AJD |
| Notary + registry fees | 1–2% of sale price |
| Legal fees | 1–1.5% of purchase price |
| Annual property tax (IBI) | Varies by location |
| Wealth tax (if applicable) | Over €700,000 net assets |
💡 We help German clients plan for both Spanish and German tax implications — with support from trusted cross-border tax advisors.
🏘️ Can Germans Rent Out Their Spanish Property?
Yes — German owners can rent their Spanish property either short-term (Airbnb, tourist lets) or long-term.
But you must:
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Register as a landlord (if tourist rentals)
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Obtain a tourist rental license (region-specific)
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Declare rental income on Spanish tax returns
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Possibly declare income in Germany too
✅ We help you stay fully compliant and legally optimize your rental earnings.
🧳 Can You Buy Remotely from Germany?
Yes. Many German clients prefer to buy without flying to Spain. We do this by:
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Granting Power of Attorney to Borderless Lawyers
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Handling all steps: NIE, bank account, due diligence, contract review, and registration
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Sending you digital updates and translated reports
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Signing the deed on your behalf at the notary
✅ 100% secure and fully legal.
⚠️ Common Mistakes by German Buyers
| ❌ Mistake | 💥 Risk |
|---|---|
| Using the seller’s lawyer | Conflict of interest — not independent |
| Skipping due diligence | Can lead to buying illegal or unregistered property |
| Not translating contracts | Can’t understand hidden clauses |
| Overpaying taxes or fees | Without local guidance, you may miss exemptions |
| Assuming German law applies | Spain’s process is completely different |
👩⚖️ How Borderless Lawyers Supports German Buyers
✔️ Conducts full legal due diligence in Spanish
✔️ Reviews and negotiates contracts in German or English
✔️ Coordinates bank, notary, and registrations
✔️ Advises on tax planning and inheritance structuring
✔️ Offers remote purchase via Power of Attorney
✔️ Ongoing post-sale support
✅ Your trusted partner for safe property investment in Spain.
📞 Call to Action
Buying a property in Spain from Germany?
Let our bilingual legal team protect your investment — and simplify every step.