Spanish legal advice in plain English

Buying Property in Spain Now That the UK Is No Longer a Member of the EU (i.e. After Brexit)

Buying Spanish property continues to be a popular option for UK citizens, whether as a holiday home, an investment, or a primary residence.

Despite initial uncertainties following the UK’s exit from the EU, the Spanish real estate market remains accessible to Brits, with minimal changes for British citizens and other non-EU residents.

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From understanding property transfer tax and notary’s fees to addressing ongoing tax obligations like non-resident income tax or rental income tax, it’s essential for UK buyers to be informed about the legal processes and applicable taxes.

Whether purchasing a resale property or a brand-new property, we can guide you through key steps, including the property registration process, paying taxes, and understanding the tax implications for non-EU residents.

You still have a right to buy property in Spain after the UK’s exit from the EU (i.e. after Brexit)

The right to buy property in Spain is not restricted to EU citizens.  Anyone who can pay the purchase price is able to purchase property in Spain.  The UK’s exit from the EU has not changed that.  Many people from all corners of the world continue to buy and own property throughout Spain. 

Buying property in Spain will not cost you any more money, notwithstanding the UK’s exit from the EU 

The cost of buying a property in Spain is the same whether you are a Spanish national, a national of the UK, or a national of the USA or China, or anywhere else for that matter.  The costs of buying a property are not affected at all by your nationality. 

Broadly speaking, the costs of buying a property in Spain are the purchase tax, the Notary’s fee, the property registry fee and some small miscellaneous expenses.  These are the same for anyone who buys a property in Spain and so for Brits they are not affected by the UK’s exit from the EU.

The Spanish property market, like the worldwide property market, is subject to fluctuation.

You still have the right to buy a property in Spain to let, despite the UK’s exit from the EU

UK citizens retain the right to purchase property in Spain and use it as a rental income source, whether for short-term or long-term lets, despite that the UK exited the EU.

The Spanish government allows property owners to manage their properties as they see fit, provided all legal obligations and local laws are adhered to in each autonomous community.  Your specialist independent Spanish lawyer can guide you through these regulations when purchasing property.

However,  the UK’s exit from the EU has affected the tax rate on rental income for many British nationals. While EU residents pay 19% rental income tax in Spain on their net rental income, UK citizens resident in the UK, now classified as non-EU residents, are subject to a 24% tax on gross monthly rental income. Unlike EU residents, UK citizens living outside the EU can no longer deduct expenses from rental income before calculating income tax payable.

Despite this, UK property owners can offset taxes paid in Spain against their UK income tax bill, avoiding a double tax burden. Whether managing existing properties or purchasing property to let, understanding the legal aspects and taxes involved—such as real estate tax and community fees—is essential.

If you become resident in Spain, always ensure compliance with local laws to maintain your tax resident status and avoid penalties.

If you buy a property in Spain, you are still required to pay tax in Spain notwithstanding the UK’s exit from the EU

If you buy property in Spain, you are still required to pay taxes, as ownership carries ongoing tax obligations regardless of nationality. For UK citizens, the UK exiting the EU has brought some changes, such as an increase in the tax rate on certain income types. However, many of the taxes involved in property ownership remain the same.

The primary taxes for property owners include the purchase tax, IBI (similar to council tax), and VAT (called IVA in Spain). These taxes apply uniformly, whether you are a UK citizen, an EU resident, or a foreign investor from non-EU countries. Inheritance tax for UK nationals inheriting in Spain also remains unaffected by the UK’s exit from the EU; UK citizens pay the same rates as Spanish residents and EU residents, although the amount varies depending on the autonomous community where the property is located.

While these purchase costs and legal fees are standard, it’s essential to understand the broader financial considerations of property ownership, including any liability to capital gains tax and the tax on gross rental income. Ensuring compliance with Spanish tax laws is a critical part of the property purchase process.

If you're a UK citizen looking to invest in Spain, consult with a trusted legal advisor to navigate your legal obligations and understand all purchase costs to ensure a smooth transition into property ownership.

You are still able to visit your property in Spain regularly, notwithstanding that the UK has exited the EU

Before the UK left the EU, as EU citizens, UK nationals benefited from the freedom of movement of workers, meaning that they had the freedom to live and work in any country within the European Union, including Spain. 

Many Brits took advantage of that freedom of movement of workers in order to start a new life in Spain, or indeed to retire to Spain.  The thought that this has become difficult now that the UK is no longer in the EU is very concerning for many who are considering buying property in Spain. 

It has never been necessary for UK citizens travelling to Spain for a holiday to require a visa or any travel document other than their passport.  That situation has not changed, although from the end of 2026 the European Travel Information and Authorisation System (ETIAS) will be in place, which will require registration prior to travel for anyone not excluded from that requirement.  This is similar to the ESTA system that has been in place in the USA for some years and the ETA system in the UK. 

According to the current rules, UK nationals can travel to Spain (or anywhere else in the Schengen Zone) at any time as tourists, or for business purposes, provided they do not stay longer than 90 days in any 180 day period and do not undertake any activity in Spain for which a visa would be required. 

Is it wise to buy property in Spain now that the UK has left the EU?

Buying property in Spain is still a great option for UK citizens, notwithstanding that the UK has exited the EU. The Spanish property market remains attractive in 2025, with stable prices in many regions and excellent opportunities for investment in coastal or holiday-home areas like Costa Blanca and Costa del Sol. However, rules and financial considerations that are relevant now that the UK has left the EU mean that you’ll need to plan carefully.

Key considerations may include higher ownership costs for non-EU buyers, fewer or more limited mortgage options for non-residents, and the need to comply with the 90-day rule if you don’t have residency in Spain. Despite this, Spain remains a fantastic option for a holiday home or rental investment, offering sun, a lower cost of living, and an appealing lifestyle. With proper planning, you can still enjoy all the benefits of owning a home in Spain post-Brexit!

How long can you stay in Spain if you own a property?

Owning a property in Spain does not automatically grant you the right to stay longer than the standard tourist allowance. As a UK citizen, you can stay in Spain for up to 90 days within any 180-day period without a visa, regardless of property ownership. If you wish to stay longer, you would need to apply for a visa or residency permit, such as a non-lucrative or other relevant visa, which allows for extended stays.

 

Last updated: 11 April 2025

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