From the Costa del Sol to Barcelona or the Balearic Islands, Spain is one of the top destinations for South Africans looking to purchase a holiday home, retirement base, or investment property. There are no restrictions on foreign ownership — but the legal process is complex and very different from South Africa.
In this guide, we explain how South African citizens can buy property in Spain safely, what legal steps are required, and how Borderless Lawyers handles the process — even remotely.
🏡 Can South Africans Buy Property in Spain?
✅ Yes.
South African citizens can legally buy real estate in Spain without needing EU residency or a visa.
However:
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Property purchase does not grant residency
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You must complete legal due diligence
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You must obtain a Spanish tax ID (NIE) and open a Spanish bank account
✅ Our legal team handles every aspect — even if you’re purchasing remotely from South Africa.
📝 Step-by-Step Property Purchase Process in Spain
| Step | Description |
|---|---|
| 1️⃣ Get an NIE (Número de Identificación de Extranjero) | Spanish tax ID required for the purchase |
| 2️⃣ Open a Spanish bank account | For payments, taxes, and utility setup |
| 3️⃣ Hire a lawyer | Conducts legal checks, drafts contracts |
| 4️⃣ Sign a Contrato de Arras | Reservation contract + deposit (usually 10%) |
| 5️⃣ Final deed signing at the notary | Ownership officially transferred |
| 6️⃣ Register property | In the Land Registry (Registro de la Propiedad) and Cadastre |
✅ Borderless Lawyers provides Power of Attorney service, allowing you to buy from South Africa without traveling.
📑 Required Documents for South African Buyers
| Document | Purpose |
|---|---|
| Valid South African passport | Identity and notarization |
| NIE certificate | Required for all property transactions |
| Proof of funds | For anti-money laundering compliance |
| Bank account in Spain | To pay for the property and taxes |
| Power of attorney (optional) | To complete the purchase remotely |
💡 If you’re financing the purchase, additional documents like mortgage approval or credit history may be needed.
🧾 Property Purchase Costs & Taxes in Spain
| Cost | Typical Rate |
|---|---|
| Transfer tax (resale) | 6% to 10% (varies by region) |
| VAT + Stamp Duty (new builds) | 10% VAT + ~1.5% AJD |
| Notary + registration fees | 1% to 2% |
| Legal fees | ~1% to 1.5% |
| Annual property tax (IBI) | Set by local municipality |
| Community fees (if applicable) | Varies for apartments or gated communities |
✅ We provide a full breakdown before purchase so you know total costs upfront.
⚖️ Legal Due Diligence – Why It’s Essential
Before signing anything, our lawyers verify:
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The seller’s legal ownership
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That there are no unpaid debts, liens, or mortgages
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Proper urban planning and construction legality
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That taxes and utilities are fully paid
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Any community rules or rental restrictions
📌 Never rely solely on an estate agent. Their goal is to sell — not protect your legal position.
💸 Can You Buy Property in Spain as an Investment?
Yes — South Africans can purchase:
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Buy-to-let apartments
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Villas for seasonal rental
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Rural land (with due diligence)
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Commercial property (shops, offices, hotels)
✅ We advise on tourist rental licenses, tax obligations, and property structuring for investment purposes.
🚫 Can You Get Residency by Buying Property?
No.
Spain abolished the Golden Visa in 2024, so buying property does NOT qualify you for a visa or residence permit.
However:
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It can support your application for a non-lucrative visa or digital nomad visa
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It serves as proof of address and financial solvency
✅ See Article 1 and Article 2 for visa guidance.
🌍 Can You Buy Property Remotely from South Africa?
Absolutely.
Many of our South African clients never travel to Spain during the process. Here’s how:
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Grant us Power of Attorney
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We obtain your NIE, open a bank account, and perform due diligence
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We negotiate and sign contracts on your behalf
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You receive regular bilingual reports and photos
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Once complete, we register the property in your name
✅ 100% legal, secure, and transparent — with support in English throughout.
⚠️ Common Mistakes by South African Buyers
| ❌ Mistake | 💥 Why It’s Risky |
|---|---|
| Not hiring an independent lawyer | Agent or seller’s lawyer is not neutral |
| Signing a deposit contract without checks | May lose your money if issues arise |
| Skipping due diligence | Leads to buying illegal or encumbered property |
| Assuming your foreign bank is sufficient | Spanish banks are required for utilities and taxes |
| Not planning for tax residency | Owning property doesn’t exempt you from global asset declarations |
👩⚖️ How Borderless Lawyers Supports South African Buyers
✔️ End-to-end purchase management
✔️ Secure remote buying via Power of Attorney
✔️ Full legal due diligence
✔️ Contract review, negotiation, and signing
✔️ Coordination with notaries, banks, and registries
✔️ Support with visas, tax residency, and rentals
✅ We protect your investment — so you enjoy peace of mind.
📞 Call to Action
Thinking about buying property in Spain from South Africa?
Let our legal team guide you through every step — remotely or in person.