Buying a House in Spain as a Foreigner: A Comprehensive Guide

Purchasing a house in Spain offers various opportunities for foreigners, be it for investment, relocation, or even obtaining nationality through real estate investment. Spain’s diverse regions each offer unique prospects, but navigating the buying process can be daunting due to its complexities and regional variations​​.

Eligibility for Foreign Buyers

All foreigners are eligible to buy properties in Spain. However, the most crucial requirement is obtaining a NIE (Número de Identificación de Extranjero), which is an identification number for foreigners to conduct legal procedures in Spain. There are different types of NIEs for EU and non-EU citizens, and for residents and non-residents. Non-residents can purchase properties similarly to residents or Spanish nationals, but they must obtain a NIE for the transaction​​.

 

The Property Buying Process: Stages and Details

1. Pre-Purchase Stage
   • This stage includes due diligence, involving verification of property documents in the registry and ensuring the property is free of debts and encumbrances.
   • Key documents and contracts during this phase include the “Contrato de Reserva” (Reservation Contract) and “Contrato de Arras” (Deposit Contract). The former requires a deposit of 1-5% of the property price, while the latter involves a 10% initial payment. Failing to complete the purchase results in the loss of this deposit.
   • Financial arrangements and preparation for notary procedures are also part of this phase.
2. Purchase Stage
   • This involves the drafting and signing of the public deed of sale (Escritura Pública) in the presence of a notary.
   • The property is then registered in the Registro de Propiedad under the new owner’s name.
3. Post-Purchase Stage
   • Final steps include registering the property in the Registro de Propiedad, paying property transfer taxes, and transferring utilities like gas, water, and electricity.

 

Timeframe for the Purchase Process

The process of finding a property can take anywhere from 3 months to a year, depending on personal preferences and situations. The purchase process itself generally takes an additional 2-3 months, which can be prolonged if a mortgage is involved. Planning well in advance is recommended to avoid delays​​.

 

Financing Options and Costs

Non-resident buyers in Spain can get mortgage conditions similar to Spanish nationals, covering up to 80% of the property’s price for a primary residence and 60-70% for a second residence. Buyers must consider having at least 20% of the property price available, along with an additional 15% for taxes, legal fees, notary fees, and property registration. The debt-to-income ratio should not exceed 30-35% of your income. In Spain, mortgage terms range from 5 to 30 years, with a maximum age of 75 years to finish the mortgage​​.

 

Obtaining Residency Through Property Purchase

Spain’s 2013 law supporting entrepreneurs and internationalization enables foreigners investing in real estate to obtain a residency visa, often referred to as the “Golden Visa”. This visa can pave the way for Spanish nationality. The requirements for this include:

• A minimum investment of €500,000 in real estate per applicant.
• Application for the visa in person or via an accredited representative.
• The visa allows residing and working in Spain, with its validity extending up to 365 days if the purchase is finalized, or 6 months with a precontract in place​​.

Property Market for Foreigners in Spain

• The average price per square meter in Spain is around €1,886.
• More affordable options are available away from major cities like Madrid and Barcelona. Inner regions and metropolitan areas around big cities offer good market conditions.
• For investment purposes, cities like Madrid, Barcelona, Valencia, Málaga, and Bilbao are ideal due to their demand for housing and ongoing property developments​​.

 

Importance of Legal Assistance

• The property buying process in Spain can be long and complex, making it crucial to consider various aspects of the operation to avoid pitfalls.
• It’s recommended to consult with a specialized real estate lawyer to safeguard your interests during the transaction. A lawyer can draft contracts, offer legal protection, and ensure a legally secure and financially safe transaction​​.

By understanding these additional aspects, foreigners can better navigate the intricacies of buying property in Spain and potentially leverage their investment for residency and even nationality.