Spain’s real estate market attracts Indian nationals looking for a holiday home, rental investment, retirement base, or a strategic long-term asset. The good news? There are no legal restrictions on Indian citizens buying property in Spain.
But the legal process is very different from India — and buying without due diligence can be risky. This guide explains how to safely buy property in Spain as an Indian citizen, even without visiting in person.
🏡 Can Indian Citizens Legally Buy Property in Spain?
✅ Yes.
Indian citizens can legally buy residential, commercial, or rural property in Spain — with no visa or residency requirement.
However:
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Property ownership does not grant residency
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Buyers must get a Spanish tax ID (NIE)
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The legal process requires a lawyer and notary
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All funds must come through traceable banking channels
💡 Borderless Lawyers handles everything remotely for Indian-based buyers.
📝 Step-by-Step: How to Buy Spanish Property from India
| Step | Action |
|---|---|
| 1️⃣ | Obtain an NIE (Número de Identificación de Extranjero) |
| 2️⃣ | Open a Spanish bank account |
| 3️⃣ | Appoint an independent lawyer |
| 4️⃣ | Conduct legal due diligence |
| 5️⃣ | Sign a reservation contract (Contrato de Arras) |
| 6️⃣ | Finalize the sale before a Spanish notary |
| 7️⃣ | Register property in your name with the Land Registry |
📌 If you don’t plan to visit Spain, we can manage the full process via Power of Attorney.
📄 Required Documents for Indian Buyers
| Document | Purpose |
|---|---|
| Valid Indian passport | Identity verification |
| NIE certificate | Required for tax and legal formalities |
| Spanish bank account | To process payments and taxes |
| Proof of funds | To comply with AML regulations |
| Power of attorney (optional) | Allows remote purchase from India |
💡 All documents from India must be apostilled and translated into Spanish.
💰 What Are the Taxes & Costs?
| Cost Type | Typical Rate |
|---|---|
| Property transfer tax (resale homes) | 6–10% depending on region |
| VAT + Stamp Duty (new builds) | 10% VAT + ~1.5% stamp duty |
| Notary and registration fees | ~1% to 2% |
| Legal fees | ~1% to 1.5% (flat or % of price) |
| Ongoing annual property tax (IBI) | Varies by municipality |
| Community fees (if in complex) | Monthly or quarterly charges |
✅ We provide a full pre-purchase cost estimate so there are no surprises.
⚖️ What Due Diligence Must Be Done?
Before paying a deposit or signing anything, your lawyer must:
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Confirm the seller has full legal title
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Check for debts, mortgages, liens, or embargoes
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Ensure the property is legally constructed and zoned
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Verify tax and utility payments are up to date
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Review community rules (if applicable)
💡 Never rely on an estate agent alone. Their duty is to the seller — not to you.
🧑💼 Can Indians Buy for Investment or Rental Purposes?
Yes. Many Indian buyers purchase:
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City flats for long-term rental
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Holiday homes for seasonal short-term rental
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Rural villas or luxury properties for capital growth
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Commercial buildings or storefronts
✅ We advise on Spanish rental licenses, tax rules, and maximizing legal returns.
🚫 Can You Get Residency by Buying Property?
No.
Spain abolished the Golden Visa in 2024 — so buying a property no longer provides a residency permit.
However:
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Property ownership can support your application for a Non-Lucrative Visa or Digital Nomad Visa
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It proves financial solvency and housing in Spain
✅ See Article 2 for full visa options available to Indian citizens.
🌍 Can You Buy Property in Spain Without Visiting?
Absolutely.
Many of our Indian clients purchase Spanish property entirely remotely using a Power of Attorney.
How It Works:
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We draft a Power of Attorney and help you sign it in India
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Our lawyers:
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Get your NIE
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Open a Spanish bank account
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Conduct all due diligence
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Sign contracts and close the purchase
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We register the property in your name and send full documentation
✅ Transparent, legal, and 100% compliant.
⚠️ Common Mistakes by Indian Buyers
| ❌ Mistake | ⚠️ Risk |
|---|---|
| Buying without legal due diligence | Risk of illegal property or hidden debt |
| Using seller’s or agent’s lawyer | Conflict of interest |
| Assuming buying leads to residency | Not true post–Golden Visa |
| Sending money before checks | Irrecoverable if issues arise |
| Not declaring property in India | May have tax implications if you move |
👩⚖️ How Borderless Lawyers Protects Indian Buyers
✔️ Full legal due diligence on every transaction
✔️ Transparent bilingual reporting
✔️ Remote management via Power of Attorney
✔️ NIE + bank account setup
✔️ Tax guidance for both Indian and Spanish implications
✔️ Post-purchase help with rentals or resale
✅ We simplify property acquisition while protecting your interests.
📞 Call to Action
Buying property in Spain from India?
Let our international lawyers handle the process safely — wherever you are.