Can a foreigner buy property in Spain?

Yes, in their own name and with the same taxes as a resident: neither Andalusian law nor the tax agency sets a different ITP, VAT or AJD by nationality or residence. What changes is the 3% withholding when the seller does not live in Spain and, once you own it, the annual non-resident income tax.

Do I need a Spanish bank account?

We found no rule that requires one to buy. It helps in practice: Andalusian ITP is paid by card, Bizum (up to €1,500), direct debit from a partner bank or bank transfer, and a local account makes it easier to pay the community fees and utilities.

How much is the reservation and the deposit?

There is no legal figure: it is negotiated. In Marbella reservations of €3,000 to €6,000 are common, with a deposit near 10% of the price and 30 to 90 days to completion, but these are market habits, not rules. Anything you pay before completion is deducted from the price.

Between private individuals there is no legal cap, although the notary records how you paid. If one party is a business or professional, the limit is €1,000, or €10,000 if the payer has their tax domicile outside Spain.

Does buying give me residency in Spain?

No. The Golden Visa for property investment was abolished with effect from 3 April 2025.

Buying guide · Andalusia 2026

Buying on the Costa del Sol in your own name, step by step.

In Spain a foreigner buys a home in their own name, with no bank trust and the same taxes a resident pays. What you do need is an NIE, a proper land registry check before any money changes hands, and the taxes paid on time. Here is the full sequence, with the law behind each step.

Buying in Spain

The seven steps of a purchase

Get your NIE

It is the foreigner identity number. Without it the land registry will not record your purchase (art. 254 of the Mortgage Law). You apply with form EX-15 at a police station in Spain or, from abroad, at a Spanish consulate by appointment. The fee in Spain is €9.84.

Check the property before paying anything

Order the nota simple from the land registry (€9.02 plus tax on the official Land Registrars site) to see who owns it and what charges it carries. Ask for the latest IBI receipt, the community debt certificate and the energy certificate too. For a villa, check the zoning: in Marbella the 2010 plan was annulled in 2015 and the 2026 plan is not yet in force.

Sign the deposit contract (arras)

With penitential arras (art. 1454 of the Civil Code), if you pull out you lose your deposit, and if the seller pulls out they pay it back twice over. The Supreme Court requires this to be agreed expressly. If the contract is not clear, the deposit counts as confirmatory and neither side can simply walk away.

If you cannot travel, sign a power of attorney

You can grant it at a Spanish consulate or before a notary in your country with an Apostille. Send the draft to the Spanish notary first so they can confirm it covers signing, paying and settling the taxes.

Sign the deed before a notary

The notary identifies both parties, checks the registry position and records how the price was paid: without identified means of payment the deed cannot be registered. Unless agreed otherwise, the seller pays for the deed and you pay for the first copy (art. 1455 of the Civil Code).

Pay the taxes within two months

In Andalusia you have two months from the day after the deed to file and pay form 600: 7% ITP on a resale, or 1.2% AJD on a new build. The 10% VAT on a new build is paid to the developer.

Register at the land registry

What is not registered cannot be enforced against third parties (art. 32 of the Mortgage Law). To register you need proof of the taxes paid, the NIE of everyone who signs and the means of payment.

Very common on the Costa del Sol

If the seller lives outside Spain

Many sellers in Marbella and Estepona are foreigners who do not live here. In that case the law gives you, the buyer, two obligations:

Withhold 3% of the price and pay it to the tax agency with form 211 within a month of the purchase. If you do not, the property answers for that amount.
Answer for the municipal plusvalía tax in place of the seller, when the seller is an individual who is not resident. Normally the seller pays it.

What no longer exists: the Golden Visa

Residency through property investment was abolished with effect from 3 April 2025 (Organic Law 1/2025). Buying in Spain today does not give you the right to live here. If someone offers it as part of the deal, be wary.

What was announced and did not happen: the 100% tax

In 2025 a proposal was filed in the Spanish Congress to tax purchases by non-EU non-residents at 100%. It was never debated and it lapsed when Parliament was dissolved in October 2026. It does not exist today, although it could be filed again in the new legislature.

If you plan to rent to tourists

Since 3 April 2025, to start renting a flat in a building with a community of owners as a holiday let, the community has to approve it first, with the votes of three fifths of the owners. Check the bylaws and the minutes before buying with that plan.

Frequently asked questions

Can a foreigner buy property in Spain?: Yes, in their own name and with the same taxes as a resident: neither Andalusian law nor the tax agency sets a different ITP, VAT or AJD by nationality or residence. What changes is the 3% withholding when the seller does not live in Spain and, once you own it, the annual non-resident income tax.
Do I need a Spanish bank account?: We found no rule that requires one to buy. It helps in practice: Andalusian ITP is paid by card, Bizum (up to €1,500), direct debit from a partner bank or bank transfer, and a local account makes it easier to pay the community fees and utilities.
How much is the reservation and the deposit?: There is no legal figure: it is negotiated. In Marbella reservations of €3,000 to €6,000 are common, with a deposit near 10% of the price and 30 to 90 days to completion, but these are market habits, not rules. Anything you pay before completion is deducted from the price.
Can I pay in cash?: Between private individuals there is no legal cap, although the notary records how you paid. If one party is a business or professional, the limit is €1,000, or €10,000 if the payer has their tax domicile outside Spain.
Does buying give me residency in Spain?: No. The Golden Visa for property investment was abolished with effect from 3 April 2025.

Sources

General information reviewed on 5 November 2026 against the law in force in Andalusia. It does not replace advice from a Spanish lawyer: every purchase has its own details and the law changes. Reservation and deposit amounts are Marbella market references, not legal requirements.

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