Spanish Property Lawyers FAQs: Buying, Selling and Owning Property in Spain

FAQs for buyers in Spain

Buying or owning property in Spain often comes with a long list of legal questions, especially for UK buyers and expats navigating evolving laws, post-Brexit requirements, and regional regulations in 2026.

That’s where experienced Spanish property lawyers make all the difference. PCC Legal answers the most frequently asked questions about buying, selling, renting and owning property in Spain. We ensure full compliance to all local and national Spanish property laws, provide clear, practical legal guidance that protects your investment and gives you complete peace of mind at every stage of your property journey.

Table of Contents

What You Will Learn in This FAQ

In this FAQ, our we break down the most important legal insights UK buyers and expats need to confidently buy, own, rent, and sell property in Spain, with clear guidance on the latest laws and regulations.

  • Answers to frequent legal questions British buyers ask.
  • Insights on property buying, ownership, rental, and selling.
  • Clarifications on new legal reforms affecting landlords and tenants.
  • How PCC Legal supports your property journey with expert advice.

FAQs

1. Can UK citizens still buy property in Spain after Brexit?

Yes. Under Spanish property law, UK buyers can purchase and own property in Spain as non-EU nationals, subject to additional legal and compliance requirements. Our Spanish real estate lawyers and conveyancing experts handle the full legal process to ensure your transaction is fully compliant and secure.

2. What is an NIE, and do I need one?

An NIE is a mandatory tax identification number required for all foreign buyers in Spain. You cannot complete a property purchase, open a Spanish bank account, or pay property taxes without one. Many buyers choose to appoint a professional to handle the application and avoid delays. Our Spanish real estate lawyers can manage the application on your behalf.

3. What taxes do I pay when buying or selling property?

Spanish property law requires buyers of resale homes to pay Property Transfer Tax (6–10%), while new builds are subject to 10% VAT plus stamp duty. Sellers must pay Capital Gains Tax and a municipal Plusvalía tax. Our Spanish property lawyers provide a full tax breakdown, and ensure all obligations are correctly handled through the conveyancing process.

4. How does the new Anti-Okupa Law protect me as a property owner?

Recent legal reforms have strengthened protections for property owners, allowing faster action against illegal occupation in certain circumstances. However, timelines and procedures can vary depending on the situation and location.

5. Are rent increases limited under new rental laws?

Updated Spanish property and tenancy laws require rent increases to follow a new inflation-linked reference index. An experienced real estate lawyer can advise landlords on lawful rent adjustments and full compliance with tenant protection regulations.

6. What defines a “large landlord” under recent laws?

Spanish property law may classify you as a large landlord if you own five or more urban properties in designated high-demand areas. This can trigger additional legal and regulatory obligations. It is advisable to consult a Spanish property lawyer, who can assess your status and guide you through your responsibilities.

7. Can I get a mortgage in Spain as a non-resident?

Yes, most Spanish banks offer mortgages to non-residents, though lending criteria are stricter and deposits required are typically higher. PCC Legal’s Spanish property lawyers work with trusted financial partners for your benefit.

8. What costs should I expect beyond the purchase price?

Besides taxes, expect notary and land registry fees, legal and conveyancing costs, and possibly survey fees. Total additional costs usually range between 10-12% of the purchase price. Before proceeding with your purchase, our Spanish property lawyers provide a clear, upfront breakdown of all fees to help you plan confidently and avoid unexpected expenses.

9. How long does the property buying process typically take?

From offer to completion, expect around 1-2 months. Timelines depend on obtaining your NIE, mortgage processing, and legal due diligence. PCC Legal will coordinate the entire process transparently and efficiently.

10. What if I don’t speak Spanish? Will legal documents be in English?

All official documents are issued in Spanish under Spanish property law, but our bilingual Spanish real estate lawyers and property lawyers provide full English translations and clear explanations so you can sign with complete confidence.

Ready for Personal Legal Advice?

PCC Legal’s experienced team is here to answer your specific questions and guide you confidently through the Spanish property market. Contact us for a no-obligation consultation tailored to UK buyers and expats. Your peace of mind is our priority.

Speak to our property lawyers today or get in touch to find out how you can protect your interests and make Spanish property ownership and sales hassle-free.

Going Above And Beyond For You

At PCC Legal, we strive to exceed your expectations.

Our core values are reflected in our dedication to Excellence, Transparency, Service, and Efficiency. 

Ready to learn more about who we are or need our assistance? Get in touch with us today.

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We’ve Moved Offices on 1st August 2025!

Private Client Consultancy is excited to announce that we have moved to a brand-new office space, designed to better serve our clients and reflect our continued growth.

Effective Date: Friday, 1st August 2025
New Address: Urb Jazmin De Miraflores, C. Jazmín, 2, Mijas Costa 29649, Malaga, Spain
Our phone numbers and email addresses remain unchanged.

All in-person meetings scheduled from 1st August onwards will take place at our new location. Please update your records accordingly.

We look forward to welcoming you to our new space!