“This article provides general information only and does not constitute legal or tax advice. It reflects the law as at 30th October 2026. Specific advice should be sought for each transaction.”
Introduction
Buying a house or apartment in Spain can be an exciting step, whether you are looking for a holiday home, planning to relocate, preparing for retirement or considering a property investment. Spain attracts buyers from across Europe and around the world, with the Costa Blanca particularly popular for its Mediterranean climate, coastline and lifestyle.
Albir Abogados is an international law firm based in Altea, Alicante, assisting international clients with legal matters in Spain. Independent legal advice before you sign can help you understand your commitments, identify potential risks and make informed decisions.
Why do international buyers choose the Costa Blanca?
The Costa Blanca, including Albir, Altea, Benidorm and Alicante, appeals to international buyers because of its coastline, climate, local amenities and transport links. Some buyers want a holiday home; others plan to relocate, prepare for retirement or purchase a property to rent out.
Every purchase is different. Consider how you intend to use the property, your overall budget, ongoing costs and any tax implications in Spain and your country of residence. If you plan to rent out the property, check the applicable local rules and tax obligations before relying on projected rental income.
The legal steps when buying property in Spain
- Arrange the administrative requirements. The NIE (*Número de Identidad de Extranjero*) is a foreigner identification number and is generally needed for property purchases and related tax formalities. Allow time to arrange it. Depending on your circumstances, you may also need to consider banking arrangements, proof-of-funds requirements and other transaction paperwork.
- Carry out legal checks before committing. Depending on the property, checks may include confirming the seller’s ownership, reviewing the Land Registry (*Registro de la Propiedad*), identifying mortgages or other charges, checking planning and urban-planning status, and reviewing relevant permits. For apartments, it can also be important to examine community fees and any outstanding community debts.
- Have the contract reviewed. You may be asked to sign a reservation agreement or an *arras* contract. The consequences of withdrawing, the deadlines and the treatment of the deposit depend on the wording and the type of arras agreed. In particular, a party may only withdraw by forfeiting the deposit (or, in the seller’s case, by returning it doubled) if the contract expressly provides for penitential arras (arras penitenciales, Article 1454 of the Spanish Civil Code); otherwise, the agreement may be binding and enforceable. Spanish law does not provide a general cooling-off period for property purchases. Obtain independent legal advice before signing or transferring money.
- Budget for the full cost. The purchase price is not the only expense. Depending on the property and transaction, there may be taxes, notary fees, Land Registry fees, legal fees and costs connected with a mortgage. The applicable taxes vary, including according to whether the property is new or resale and the region in which it is located. If the seller is not tax resident in Spain, the buyer is generally required to withhold 3% of the price and pay it to the Spanish Tax Agency (form 211) within one month of the sale. If this is not done, the buyer becomes liable for that amount and the property remains charged with its payment.
- Plan completion and your responsibilities afterwards. The sale is generally formalised in a public deed (escritura pública) before a Spanish notary and then registered at the Land Registry. Registration is not compulsory, but it is strongly recommended because it protects the buyer’s title against third parties.. After completion, you may need to deal with local property taxes, community charges and tax filings. Non-resident owners must generally file an annual Non-Resident Income Tax return for the property, even if it is not rented out. Your tax residence, nationality and how you use the property may affect the obligations that apply to you. Seek tailored advice where cross-border tax issues arise.
Why use an independent property lawyer in Spain?
Spanish property contracts and official documents are often written in Spanish. An independent lawyer can explain the legal effect of the documents, assess the transaction from your perspective and help you make informed choices. If you are not fluent in Spanish, ask whether advice and explanations can be provided in a language you understand.
Legal support may include reviewing documents, investigating the property’s legal status, assessing contract clauses, coordinating transaction steps and advising on legal issues connected with ownership. It is important to clarify the scope of the lawyer’s work, fees and who the lawyer represents before proceeding.
Albir Abogados is based in Altea, Alicante, and assists international clients with legal matters in Spain. Its practice areas include real estate law and tax law, and it offers a dedicated property legal service through The Real Estate Solicitors. Contact the firm to confirm language availability and the services relevant to your circumstances.
Common mistakes to avoid
Do not rely solely on an estate-agent listing or verbal assurances. Avoid signing a contract before you understand its consequences, and do not assume that Spanish procedures are identical to those in your home country. Check the total budget, property documentation and responsibilities that continue after completion.
International buyers should also consider how buying or owning the property may affect their tax position at home and in Spain. If you plan to rent out the property, check local licensing and rental rules before making commitments. For holiday lets in apartment buildings, Spanish law now also requires the prior approval of the owners’ community, in addition to regional and municipal requirements. The right checks depend on the property, location and your personal circumstances.
FAQ: international buyers purchasing property in Spain
Can foreigners buy property in Spain? In general, foreign nationals can purchase property in Spain. Specific requirements may depend on the buyer’s circumstances and the type and location of the property, so confirm the requirements that apply to you.
Do I need to live in Spain to buy a property? No. Buyers can generally purchase Spanish property without becoming Spanish residents. Ownership does not, by itself, settle immigration or tax-residence questions. Since 3 April 2025, buying property in Spain no longer gives access to the former investor residence permit (‘golden visa’).
Do I need a lawyer to buy property in Spain? A lawyer is not generally compulsory for every property purchase, but independent legal advice is strongly recommended to review documents, identify risks and protect your interests.
What is an NIE, and do I need one? The NIE is a Spanish foreigner identification number. It is generally required for property purchases and associated tax formalities. Check the process and timing before completion.
What costs should I budget for? Costs depend on the property, region and transaction. They may include taxes, notary and Land Registry fees, legal fees and mortgage-related costs. Ask for a current, itemised estimate before committing.
Can I buy property without speaking Spanish? It may be possible, but you should make sure you understand the contracts and official documents. Ask your legal adviser what language support is available.
Contact Albir Abogados
Planning to buy a house or apartment in Albir, Altea or elsewhere on the Costa Blanca? Contact Albir Abogados to discuss your plans and the legal assistance available for your property purchase.