Many Australians dream of owning a home in Spain — whether for retirement, vacation, or investment. Fortunately, Spain allows Australians to buy property freely, even without a visa or residency.
However, the process is very different from what you may be used to in Australia. From legal due diligence and contract review to tax implications and inheritance rules, buying property in Spain requires proper legal protection.
This guide explains how Australians can buy property in Spain safely, what to avoid, and how Borderless Lawyers helps you from offer to registration.
✅ Can Australians legally buy property in Spain?
Yes. There are no restrictions on Australians purchasing real estate in Spain — whether it’s:
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Urban apartments or villas
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Rural homes or farmland
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Investment properties or rentals
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Off-plan new developments
📌 Residency is not required to buy, but it is required if you plan to live in the property long-term (see Article 1).
📝 Legal Steps to Buying Property in Spain
1. Get an NIE (Foreigner Identification Number)
Required for any legal, tax, or property transaction in Spain.
➡️ You can apply from Australia or authorize us to obtain it for you.
2. Open a Spanish bank account
All payments (purchase price, taxes, utilities) must go through a Spanish bank.
3. Reserve the property
Once you agree on the price, you’ll usually sign a Contrato de Arras (reservation contract) and pay a 5–10% deposit.
4. Legal due diligence
Your lawyer must check:
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Property title and registry
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Debts or mortgages
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Zoning and planning permissions
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Whether it’s legal to rent or renovate
5. Sign the purchase deed (Escritura Pública)
Executed before a Spanish notary. Your lawyer can sign for you via power of attorney.
6. Register the property
The new ownership must be registered at the Land Registry and Property Tax Office.
💸 What costs should Australians expect?
| Item | Typical Cost |
|---|---|
| Property transfer tax (resale) | 6–10% |
| VAT + Stamp Duty (new build) | 10% + 1–1.5% |
| Notary & land registry fees | 1–2% |
| Legal fees (conveyancing) | 1–1.5% |
| Bank & mortgage fees | Varies |
| Currency exchange loss | 1–2% (if unmanaged) |
💡 We help you lock in exchange rates and avoid hidden charges.
📑 Documents Needed to Buy Property
| Document | Provided by |
|---|---|
| Valid Australian passport | Buyer |
| NIE number | Buyer |
| Spanish bank account | Buyer |
| Proof of funds or mortgage offer | Buyer |
| Nota Simple (title extract) | Lawyer/Seller |
| Energy performance certificate | Seller |
| Proof of no debt (IBI, utilities) | Seller |
📌 All documents should be translated and properly registered.
⚠️ Common Legal Risks to Avoid
| ❌ Risk | Why It Matters |
|---|---|
| Skipping legal due diligence | May buy property with debts or issues |
| Signing contracts without a lawyer | Terms may be biased or unenforceable |
| Buying unregistered or illegal builds | Property may be unsellable or fined |
| Not planning for inheritance taxes | Can cause problems for heirs |
| Transferring funds without controls | Risk of fraud or delays |
✅ Our property lawyers ensure every contract and document is 100% legal and risk-free.
🏘️ Can property ownership help with Spanish residency?
Not directly. Spain eliminated the Golden Visa (property-based residency). However:
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Property ownership can strengthen your non-lucrative visa application
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Rental income may support your digital nomad visa
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Owning property shows financial stability to immigration authorities
💡 We advise Australians on combining property purchase with visa strategy (see Article 2).
🧾 Ongoing Ownership Obligations
As an Australian property owner in Spain, you must comply with:
| Obligation | Details |
|---|---|
| Annual municipal property tax (IBI) | Based on cadastral value |
| Income tax on rental income | 19–24% for non-residents |
| Wealth tax (only for high-value) | May apply if net assets > €700,000 |
| Utility, garbage & community fees | Vary by region and property type |
📌 We offer full tax compliance and reporting services.
👨⚖️ How Borderless Lawyers Helps Australians Buy Property in Spain
✔️ We check property legality, zoning, and debts
✔️ Draft and negotiate all contracts (in English & Spanish)
✔️ Represent you by power of attorney to avoid travel
✔️ Coordinate with notaries, banks, and sellers
✔️ Ensure full tax compliance (transfer tax, IBI, rental tax)
✔️ Combine with visa planning for long-term residence
✅ Everything managed remotely with expert Australian-friendly support.
📞 Call to Action
Thinking of buying a property in Spain as an Australian?
Let our legal team protect your investment — from first offer to final registration.