The Spanish buying process looks intimidating from abroad. It isn't — but the order of the steps matters. Here's the 2026 version, in plain English.
Every week we walk foreign buyers through the same questions: What is an NIE? Do I need a Spanish bank account? What actually happens at the notary? So here is the whole process as it works in 2026 — no jargon, no assumptions.
First, the reassuring headline: foreigners can buy property anywhere in Spain with no restrictions, whether or not you're an EU citizen, and whether or not you ever intend to live here. Ownership rights are identical to a Spanish national's.
Step 1: Get your NIE
The NIE (Número de Identificación de Extranjero) is a foreigner's tax identification number, and nothing happens without it — you need it to buy property, open a bank account and pay taxes. You can apply:
- In Spain, at a national police station with a foreigners' office (book the appointment early — slots go fast on the coast in summer);
- From abroad, at the Spanish consulate in your country; or
- Through a representative — most buyers simply give their Spanish lawyer power of attorney and let them handle it.
Allow a few weeks. It's the single most common cause of delay, so start here, before you fall in love with a property.
Step 2: Lawyer and bank account
Spain doesn't oblige you to use a lawyer, but we'd never let a friend buy without one. An independent lawyer (not the seller's) checks the title, debts, licences and community charges before you sign anything. Expect roughly 1% of the purchase price.
A Spanish bank account isn't legally mandatory, but in practice you'll want one for completion funds, utilities and taxes — and it's required if you take a Spanish mortgage (more on financing next week).
Step 3: Reserve and sign the arras
Once your offer is accepted, you'll typically sign a reservation, then the contrato de arras — a private deposit contract, normally 10% of the price. It has teeth: if the buyer walks away they lose the deposit; if the seller walks away they pay it back doubled.
Step 4: Completion at the notary
The sale completes when both parties sign the escritura pública before a notary and the balance is paid. The notary verifies identity and legality; your lawyer registers the deed at the Land Registry afterwards. If you can't be in Spain, a power of attorney lets your lawyer sign for you — a huge convenience for overseas buyers.
The costs, honestly
Budget roughly 10–13% on top of the purchase price in Andalusia: transfer tax (ITP, currently a flat 7% here) for resale homes, or 10% VAT plus stamp duty for new builds, plus notary, registry and legal fees.
One thing that changed — and one that didn't
Spain's "golden visa" residency-by-investment scheme ended on 3 April 2025, so buying no longer grants residency rights by itself. What didn't change: you don't need residency to own, and non-residents can still spend up to 90 days per 180 in Spain as tourists. Buyers wanting to relocate full-time typically look at the non-lucrative visa (passive income of roughly €28,800+/year for the main applicant in 2026) or the digital nomad visa. Take proper immigration advice for your case — and remember we're estate agents, not lawyers, so treat this as orientation rather than legal advice.
Ready to look?
Browse our current portfolio on the sales results page, see what's on in Fuengirola or Mijas, or read our take on the Málaga market. And when you're ready, we'll happily introduce you to the independent lawyers and advisers our clients have used for years — the process is smooth when the right people are in the right order.
The GR Estates Team
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Written with AI assistance and reviewed by the GR Estates team before publication. AI transparency
