Buying a home in Spain as a foreigner follows a fixed order: an identification number, a bank account, independent checks on the property, a reservation contract with a deposit, the signing of the deed before a notary, and then tax and registration. None of it is complicated, but the order matters, and two of the steps work very differently from what buyers from Northern Europe are used to.
This guide walks through each step for a resale or new-build home, with what it costs where the figure is fixed by law. Tax rates are regional in Spain, so check the region you are buying in.
Step 1: get your NIE
The NIE (número de identidad de extranjero) is the tax and identification number every foreign buyer needs. The notary will not sign a purchase deed without one for each buyer named on it.
You can apply in Spain at a police office for foreigners, or through a Spanish consulate in your home country. You have to show a reason for the application, and a reservation contract or an offer on a property usually serves. Consulates can take weeks or months, so start early, or give a lawyer a power of attorney to apply for you in Spain.
There are two kinds. A non-resident NIE is enough if you are buying a holiday or investment home. If you will live in Spain for more than 183 days a year, you need the resident version.
Step 2: open a Spanish bank account
A Spanish account is not a legal requirement for the purchase itself, but in practice you will want one. Property tax (IBI), community fees, water and electricity are almost always paid by direct debit from a Spanish account, and a Spanish mortgage requires one.
If your money sits in another currency, decide early how you will move it. The rate on completion day is not the rate you saw when you agreed the price; our article on paying for property in another currency explains the options.
Step 3: hire your own lawyer, because the notary does not act for you
This is the first big difference for buyers used to a Dutch or Belgian notary. In Spain the notary authenticates the deed and checks that it is legally sound, but does not investigate the property on the buyer's behalf and does not negotiate for you.
That work belongs to an independent lawyer (abogado) who acts only for you, not for the seller or the agent. Fees are agreed freely, often as a percentage of the price or a fixed fee. You can find lawyers who work with international buyers in Find your specialist.
Step 4: check the property before you pay anything
Your lawyer runs these checks. Know what they are, so you can ask for the results.
- Nota simple. An extract from the Land Registry (Registro de la Propiedad) showing the registered owner, the description of the property, and any mortgages, seizures or other charges on it. Anyone can request one online from the Colegio de Registradores for a small fee. It is informative, not a guarantee, so your lawyer should request a fresh one just before signing.
- Catastro. The cadastral record should match the registry and the reality on the ground: plot size, built area, use. Extensions or pools that were never legalised are a common gap.
- Debts on the property. Unpaid IBI and community fees can follow the property to the new owner. Ask for the latest IBI receipt and a certificate from the community of owners showing the seller is up to date.
- Licences and certificates. An energy performance certificate is mandatory for a sale. Depending on the region, also a first-occupation licence or habitability certificate. If you plan to rent to tourists, check whether a tourist licence exists and whether it transfers; rules differ by region and town.
- For new builds or off-plan. Check the building licence, and that every payment you make before completion is protected by a bank guarantee or insurance in your name. Our new-build checklist goes through this in detail.
For a wider list that works in any country, see the due diligence checklist for buying abroad.
Step 5: reserve the property and sign the arras contract
Once the checks are clean, buyer and seller usually sign a private contract with a deposit, most often a contrato de arras. The deposit is commonly 10% of the price. That is custom, not law, and it can be negotiated.
The second big difference: most arras contracts are arras penitenciales under article 1454 of the Spanish Civil Code. If you walk away, you lose the deposit. If the seller walks away, they pay you back double. There is no general cooling-off period after you sign, so the checks in step 4 belong before this contract, not after.
The contract also fixes the date by which the deed must be signed, often one to three months later.
Step 6: sign the deed before the notary
On completion day the buyer, the seller (or their representatives) and the notary sign the escritura de compraventa. You pay the balance, the keys change hands, and you own the property.
A few practical points:
- Payment is traceable. The notary records in the deed how the price was paid, so the money should move by bank transfer or banker's draft, with evidence you keep.
- You do not have to be there. Many foreign buyers sign through a power of attorney, granted at home before a local notary and legalised with an apostille, or granted at a Spanish consulate.
- If the seller is not a Spanish tax resident, the buyer must withhold 3% of the price and pay it to the Spanish tax agency on form 211 within one month of the purchase. If it is not paid, the property itself stays liable for it. The rule and the form are explained on the Agencia Tributaria website. In practice your lawyer deducts it from the payment at signing.
Step 7: pay the purchase tax and register the property
After signing, the purchase tax is paid and the deed is registered in your name at the Land Registry. Your lawyer or a gestoría usually handles both.
Which tax you pay depends on the property:
- Resale homes pay transfer tax (ITP), set by each region. In Andalucía, which covers the Costa del Sol, the general rate is 7%, according to the regional tax authority. In the Valencian Community, which covers the Costa Blanca, the general rate fell from 10% to 9% for purchases from 1 June 2026 under regional Law 5/2025 (RSM summary), with a higher rate above €1 million.
- New homes bought from a developer pay 10% VAT (IVA) to the developer instead, plus stamp duty (AJD) on the deed. AJD is also regional: 1.2% in Andalucía, and 1.4% in the Valencian Community from 1 June 2026.
For transfer tax, the base is the price in the deed or, if that is higher, the property's official reference value (valor de referencia). Add notary and registry fees, which follow regulated tariffs, plus your lawyer's fee. Our overview of the costs on top of the asking price compares the total across countries.
After the purchase
Owning the home brings yearly costs: IBI property tax, community fees where they apply, and an annual Spanish non-resident income tax return, which is due even if you never rent the property out. If you do rent it out, the rental income is taxed in Spain too. The details are in our guide to Spanish property taxes for investors. If you live in another country, your home country may also tax the property, and a tax adviser there can tell you how the two interact.
Golden visa: no longer an option
Until 3 April 2025, buying Spanish property worth €500,000 or more could lead to a residence permit for non-EU buyers. That route has closed: the Spanish government ended it on that date. Applications filed earlier were still handled under the old rules. For EU citizens it never applied, since they can live in Spain anyway.
The short version
- NIE first, because nothing can be signed without it.
- A lawyer of your own, because the notary does not act for you.
- All checks before the arras contract, because the deposit is lost if you withdraw.
- Traceable payments, and 3% withheld if the seller is a non-resident.
- Regional tax and registration after signing.
When you are ready to look at what is on the market, browse homes in Spain on Onora. Each listing shows its price and figures up front, and you contact the seller directly.
This article is general information, not legal or tax advice. Rules and rates change and depend on the region and your own situation. Check them with a lawyer or tax adviser before you buy. Rates checked on 15 October 2026.
