How to Buy Property in Spain as a Foreign Buyer: A Step-by-Step Guide - Sunset Hills

Spain places no restrictions on foreign property ownership. Whether you are a UK citizen post-Brexit, a German national, or a buyer from outside the EU entirely, the right to purchase is the same. What differs is the process — and understanding it in advance is what separates a smooth transaction from a stressful one.

This guide walks through the complete buying process in Spain, from the first viewing to the moment you hold the keys. It covers the documents you will need, the costs you should budget for, the legal steps that protect you, and the questions families relocating to Marbella most often ask.

One important note: this guide is for information purposes only. Spanish property law involves complexities specific to each transaction. Always appoint an independent lawyer to act on your behalf.

What you’ll find in this article?

Before You Begin: What You Actually Need
The Buying Process: Step by Step
- Typical timeline
The Costs: What to Budget For
Planning to buy in Marbella?

Before You Begin: What You Actually Need

An NIE number

The NIE (Número de Identificación de Extranjero) is a tax identification number issued to foreign nationals by the Spanish government. It is not a residency permit — it is simply a number that identifies you to the tax authorities. Without it, you cannot sign a purchase deed, open a Spanish bank account, or pay the taxes that follow a property transaction. It is the single most important document to obtain early.

How to get your NIE

In Spain: Book an appointment (cita previa) at the nearest Oficina de Extranjería or National Police Station. Bring your passport (original and copy), completed form EX-15, two passport photos, and proof of payment of the €9.84 fee (paid at any bank using form 790-012). Many applicants receive their NIE the same day. From abroad: Apply at the nearest Spanish consulate or embassy — or authorise a lawyer in Spain to apply on your behalf using a Power of Attorney. Processing through a consulate typically takes 6–10 weeks, so factor this into your timeline. NIE numbers are permanent and do not expire. Once issued, yours is valid for all future transactions in Spain.

A Spanish bank account

You will need a Spanish bank account to complete the purchase, pay taxes, and manage ongoing expenses such as community fees and utilities. Most major Spanish banks — including Santander, BBVA, CaixaBank and Sabadell — offer non-resident accounts and are experienced with international clients. Your lawyer or agent can usually assist with introductions.

An independent lawyer

Appointing a lawyer (abogado) who acts solely for you — not for the developer, agent or seller — is one of the most important decisions you will make in this process. Your lawyer conducts due diligence on the property, verifies the seller’s legal title, checks for debts or charges against the property, reviews all contracts before you sign, and manages the tax filings after completion. Legal fees are typically 1% of the purchase price plus VAT.

The Buying Process: Step by Step

1. Property search and viewings
Work with a licensed agent to identify properties. In Marbella’s prime areas, many of the best listings are sold before appearing publicly — a well-connected local agent matters.

2. Make an offer
Offers are typically made verbally through the agent, then confirmed in writing. There is no obligation until contracts are signed.

3. Reservation contract (Contrato de Reserva)
A short document that takes the property off the market while legal checks proceed. Usually accompanied by a holding deposit of €3,000–€10,000, which is refunded if the deal falls through due to legal issues.

4. Due diligence
Your lawyer checks the Land Registry (Registro de la Propiedad) to confirm the seller’s title, verify that the property is free of debts and charges, and review planning permissions and community charges. This typically takes 2–3 weeks.

5. Private purchase contract (Contrato de Arras)
A binding agreement signed by both parties setting out the full terms: price, completion date, payment schedule, and conditions. The buyer pays a deposit — usually 10% of the purchase price. If the seller withdraws, they must return double the deposit. If the buyer withdraws, the deposit is forfeited.

6. Mortgage (if applicable)
Non-resident buyers can obtain Spanish mortgages, typically financing up to 60–70% of the property value. Applications require proof of income, bank statements, the NIE, and the purchase contract. Allow 4–6 weeks for approval.

7. Notary signing (Escritura Pública)
Both parties (or their legal representatives) sign the title deed before a notary. The remaining purchase balance is paid — usually via banker’s draft. The notary confirms the legality of the transaction and the deed is filed with the Spanish Tax Office and Land Registry.

8. Registration and taxes
Your lawyer registers the new title in your name and manages tax payments, which must be made within 30 days of signing. You receive the registered deed — proof of legal ownership.

Typical timeline

From reservation to completion: 6–12 weeks, depending on whether a mortgage is involved and how quickly the NIE and legal checks are completed. Cash purchases can move faster. Build in extra time if applying for your NIE from outside Spain.

The Costs: What to Budget For

The purchase price is not the full cost. Budget an additional 10–13% on top of the agreed price to cover taxes, fees and legal costs. The exact figure depends on whether the property is a resale or a new build.

Planning to buy in Marbella?

The Sunset Hills team works with international buyers at every stage of the process — from first viewing to completion and beyond. If you’d like to understand what buying in Marbella actually involves, or discuss a specific property, get in touch for a straightforward conversation.

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