Two identical apartments on Paseo Vista Alegre. Same building, same orientation, same cadastral value. One belongs to a couple from Düsseldorf. The other belongs to a family from Manchester.

Both rent their property for €12,000 a year. Both pay the same local property tax, the same community fees and the same insurance.

And yet, the Manchester family may end up paying significantly more tax in Spain.

This is not an administrative error or an unusually aggressive interpretation by the Spanish Tax Agency. It is a consequence of the way Spanish Non-Resident Income Tax — Impuesto sobre la Renta de No Residentes (IRNR) currently works following the United Kingdom’s departure from the European Union.

The Spanish Tax Agency currently distinguishes between taxpayers resident in the European Union, Iceland, Norway and Liechtenstein — who are generally subject to a 19% rate on this type of income — and other non-residents, for whom the general rate is 24%.

You can consult the official Spanish Tax Agency information on income obtained from rented property by non-residents.

This is also one of the lesser-known financial consequences of Brexit.

Thousands of headlines were written about passports, airport queues and the 90/180-day rule. Far fewer explained the annual tax consequences for British owners of property on the Spanish coast.

If you are considering moving permanently to Spain as well as owning property here, our guide to Residency in Spain After Brexit explains how residence, NIE requirements, taxation and property ownership interact.

This guide explains why British owners may be paying more, how much the difference can be and what options may exist to review tax paid in previous years.

In 2026, that last point is particularly important because of recent Spanish court decisions concerning the taxation of residents of third countries.

1. The Double Difference: A Higher Tax Rate and a Broader Tax Base

Spanish Non-Resident Income Tax legislation currently provides different treatment depending on where the property owner is tax resident.

Owners who are tax resident in the European Union or certain European Economic Area countries receive different treatment from those who are tax resident in third countries.

The basic rules are contained in Spain’s Non-Resident Income Tax Law — Ley del Impuesto sobre la Renta de No Residentes (LIRNR).

The official legislation can be consulted in the Spanish Official State Gazette — BOE.

1.1. First Difference: The Tax Rate

Since 1 January 2021, UK tax residents have, for these purposes, been treated as residents of a third country.

That represents a difference of five percentage points every year.

However, this is not necessarily the most economically significant difference.

1.2. Second Difference: The Taxable Base

This is where the financial impact can become considerably greater.

A property owner who is tax resident in the European Union or in certain EEA countries may be able to pay tax on the net rental income, deducting eligible expenses that are directly connected with the rental activity and properly documented.

These expenses may include, subject to the applicable legal requirements:

• Local property tax — IBI.
• Community of owners’ fees.
• Insurance.
• Certain utility expenses.
• Repairs.
• Property management costs.
• Tax depreciation.

The Spanish Tax Agency provides specific information concerning deductible expenses for rented properties owned by non-residents.

A property owner who is tax resident outside the EU/EEA is, under the current wording of Spanish Non-Resident Income Tax legislation, generally taxed on the gross rental income without deducting these expenses.

And it is precisely this difference in treatment that has recently become the subject of important litigation before the Spanish courts.

If you own rental property in Spain while remaining tax resident abroad, Antón & Asociados provides specific Tax Services in Torrevieja for residents and non-residents.

The Calculation

Consider an apartment in Torrevieja rented throughout the year for €12,000, with €4,000 of documented annual expenses that would otherwise qualify for deduction.

Difference: €1,360 per year.

In this example, the British owner pays approximately 89% more tax on the same property generating exactly the same rental income.

Projected over ten years — without considering rent increases, changes in expenses or changes in legislation — that difference exceeds €13,000.

For an international property investor, taxation forms an essential part of the real return on investment.

That is why purchase price, rental income, taxation and legal security should always be considered together before investing in Spain.

2. What If I Do Not Rent the Property? Do I Still Pay Tax?

Potentially, yes.

Even when a property is not rented, a non-resident owner may still be liable for Spanish Non-Resident Income Tax through what is known as imputed property income — renta inmobiliaria imputada.

This applies during the periods when the property is available for the owner’s own use.

The Spanish Tax Agency provides specific guidance on imputed income from urban property owned by non-residents.

How Is Imputed Income Calculated?

The calculation generally follows three steps.

1. The cadastral value of the property is used as the starting point. This can be found on the IBI local property tax bill.
2. As a general rule, 2% is applied. A rate of 1.1% may apply in the cases established by law where the cadastral value has been revised, modified or determined through the relevant collective valuation procedure within the legally established period.
3. The corresponding Non-Resident Income Tax rate is then applied to the resulting imputed income: generally 19% for qualifying EU/EEA residents and 24% for other taxpayers, including UK tax residents.

Example

Property in Torrevieja with a cadastral value of €90,000, assuming the 2% percentage applies.

Taxable base:
2% × €90,000 = €1,800

German owner:
€1,800 × 19% = €342

British owner:
€1,800 × 24% = €432

If the property was rented for only part of the year, imputed income is calculated only for the days during which the property was available to the owner.

The rented days are taxed separately as rental income.

If a property has more than one owner, each owner is responsible for declaring the percentage corresponding to their share of ownership.

The Spanish Tax Agency has access to cadastral, Land Registry and tax information that may be used in tax management and inspection procedures.

For this reason, allowing several years to pass without filing Modelo 210 can ultimately create a larger problem than the original amount of tax due.

The official Modelo 210 procedure is available through the Spanish Tax Agency.

3. The Major Development in 2026: Could You Recover Part of the Tax You Have Paid?

This is one of the most important issues addressed in this article.

In its judgment of 28 July 2025, appeal 636/2021, ECLI:ES:AN:2025:3630, the Spanish National Court — Audiencia Nacional — considered the case of a US tax resident who had been refused the deduction of expenses connected with the rental of Spanish property.

The National Court considered that preventing the deduction of expenses directly related to the rental activity could infringe the free movement of capital protected by Article 63 of the Treaty on the Functioning of the European Union.

This is particularly important because Article 63 does not protect capital movements only between EU Member States.

It also extends, subject to EU law, to movements of capital between Member States and third countries.

You can consult Article 63 of the Treaty on the Functioning of the European Union through EUR-Lex.

The same Section of the National Court reiterated this approach in a further judgment dated 27 March 2026, ECLI:ES:AN:2026:1521.

This potentially opens an important legal route for taxpayers resident in third countries, including the United Kingdom after Brexit.

However, it is essential to be precise:

The issue has not yet been definitively settled.

The Spanish Supreme Court admitted cassation appeal 6741/2025 by order of 15 July 2026, ECLI:ES:TS:2026:7675A.

The Supreme Court is expected to determine whether this different tax treatment constitutes an unlawful restriction on the free movement of capital and, if so, whether the difference may nevertheless be justified under European Union law.

Therefore, there is currently significant judicial support for considering a tax claim.

However, it would be incorrect to state that every British tax resident has already acquired a definitive right to deduct these expenses.

What Can Be Done in the Meantime?

Depending on the individual circumstances, it may be worth considering an application to rectify previously filed Modelo 210 self-assessments and, where appropriate, request a refund of tax unduly paid for periods that are not time-barred.

The general limitation period is four years.

However, the starting date and expiry of that period must be calculated separately for each return and tax period.

Potential expenses that might form part of such a claim — provided they are legally deductible, directly linked to the rental and properly documented — may include:

• IBI.
• Community fees.
• Insurance.
• Certain utilities.
• Repairs.
• Management costs.
• Depreciation.

A properly submitted rectification request made before the expiry of the relevant limitation period may affect the running of the limitation period for the specific returns and tax items identified.

If the application is subsequently rejected, the appropriate administrative or judicial remedies and their respective deadlines must then be considered.

Once the ordinary right to rectify has become time-barred, those amounts cannot normally be recovered through the standard rectification procedure.

Extraordinary review procedures do exist, but they are exceptional and depend on specific legal grounds.

They do not automatically become available merely because a later court judgment is favourable.

For this reason, the decision is not simply:

“Should I claim or should I not claim?”

The correct questions are:

• Which tax years are approaching the limitation deadline?
• How much tax is actually at stake?
• Which expenses can be proved?
• What documentation is available?
• How is the Supreme Court case developing?

4. When Must You File? The New Modelo 210 Calendar

There were also important changes in 2026 concerning the filing timetable for Modelo 210.

Order HAC/623/2026 of 12 June, published in the Spanish Official State Gazette on 23 June 2026, amended Modelo 210 and the filing periods applicable to certain types of property income.

The official text can be consulted in the Spanish Official State Gazette — BOE.

The Spanish Tax Agency has also published guidance explaining the new filing periods for Modelo 210.

Rental Income Resulting in Tax Payable

As a general rule, grouped rental income resulting in tax payable must now be declared between 1 and 20 April of the year following the year in which the income arose.

Where payment is made by direct debit, the deadline is 15 April.

Transitional Rules for 2026

Rental income grouped for the whole of 2026 will generally be declared between 1 and 20 April 2027.

For separate declarations, certain income arising during the first quarters of 2026 remains temporarily subject to the previous filing timetable.

Income arising during the fourth quarter of 2026 is already subject to the new filing period.

Imputed Property Income

Imputed property income corresponding to 2026 may be filed between 1 April and 31 December 2027.

Where direct debit is used, the deadline is 23 December.

Sale of a Property

Capital gains arising from the sale of Spanish property remain subject to their own specific filing timetable.

The non-resident seller files Modelo 210 after taking into account the period available to the purchaser to pay the mandatory withholding through Modelo 211.

It is also important to distinguish between voluntarily correcting a late tax return and regularisation after receiving a formal notice from the Spanish Tax Agency.

Where a taxpayer voluntarily regularises their position before receiving a prior notice, the rules on late-filing surcharges will generally apply.

Where the Tax Agency has already initiated proceedings, the taxpayer may be liable for the unpaid tax, interest and, where the statutory requirements are satisfied, potentially a penalty.

Penalties are not automatic and must be considered in light of the circumstances of each individual case.

5. The Other Critical Moment: When You Sell

The sale of Spanish property concentrates several tax obligations into a single transaction.

It should therefore be planned before completion rather than dealt with afterwards.

The 3% Withholding

When the seller is a non-resident, the purchaser must generally withhold 3% of the purchase price and pay that amount to the Spanish Tax Agency using Modelo 211.

This is not an additional tax.

It is a payment on account of the seller’s final Spanish tax liability.

If the final tax due is lower than the amount withheld, the seller must file Modelo 210 and may request repayment of the excess.

Capital Gains Tax

The capital gain arising from the sale is taxed at 19% under the IRNR, including where the seller is a UK tax resident.

Main Residence Reinvestment Relief

Spanish tax residents may qualify for main residence reinvestment relief under Spanish Personal Income Tax rules where all legal requirements are met.

The IRNR contains a specific form of relief for tax residents of qualifying EU and EEA countries.

A UK tax resident who is not tax resident in Spain falls outside that general scope following Brexit.

Property Owners Over the Age of 65

The exemption applying to the sale of a habitual residence by people over the age of 65 is contained in Spanish Personal Income Tax legislation for Spanish tax residents.

It should not automatically be assumed that the same treatment applies to a British non-resident selling Spanish property.

Municipal Capital Gains Tax — Plusvalía Municipal

Municipal capital gains tax applies to the increase in value of urban land under the conditions established by law.

Different methods may currently be used to determine the taxable base and, where the statutory requirements are satisfied, the more favourable method may apply.

Where it can be demonstrated that there has been no increase in the value of the land, the tax should not be due.

Another common problem arises when a non-resident seller discovers, while preparing the sale, that they have outstanding Modelo 210 returns from previous years.

Reviewing the tax position before placing the property on the market makes it much easier to regularise the situation in an orderly manner.

If you are still at the purchasing stage, our article Do You Need a Lawyer to Buy Property in Torrevieja? explains the Land Registry, tax and planning checks that should normally be carried out before committing substantial funds.

You may also find our guide Buying Property in Torrevieja: Legal Steps Every Foreigner Must Know useful.

6. Why These Issues Should Be Reviewed With a Lawyer

Filing a Modelo 210 can be an administrative tax procedure.

Deciding whether to claim a refund, challenge a decision, rectify previous returns or change a wider tax strategy requires a different level of analysis.

When Should You Make a Claim?

Several factors should be considered together:

• Limitation periods.
• The amount of money involved.
• Available supporting documentation.
• Expenses that can be substantiated.
• Existing case law.
• The progress of the Supreme Court proceedings.

When Should You Appeal?

An administrative decision that exhausts the economic-administrative route may be subject to judicial review before the Spanish administrative courts.

The applicable deadline and strategy should always be determined from the specific decision received.

Which Case Law May Be Relevant?

Spanish Supreme Court judgments 1372/2025 of 29 October, ECLI:ES:TS:2025:4849, and 1402/2025 of 3 November, ECLI:ES:TS:2025:4846, considered differences in the tax treatment of non-resident taxpayers in the context of Spanish Wealth Tax.

These decisions may provide useful context regarding differential treatment based on tax residence and the free movement of capital.

However, they do not directly resolve the current dispute concerning deductible expenses under Spanish Non-Resident Income Tax.

That distinction is important.

Planning an Inheritance

Where an inheritance includes property located in the Valencian Community, the applicable regional rules and the competent tax authority must be determined according to the connection rules governing Spanish Inheritance and Gift Tax.

In cases involving non-residents, Spanish state administration and Valencian regional legislation may interact depending on the circumstances.

For foreign owners of Spanish property, our guide to Inheritance Law in Spain for Foreign Property Owners can provide useful additional information.

When Can Tax Residence Change?

Spending more than 183 days during the calendar year in Spain is one of the criteria that may result in Spanish tax residence.

But it is not the only criterion.

The location of a person’s main centre or base of economic activities and interests may also be relevant.

Where two countries may both regard the same person as tax resident, the tie-breaker rules contained in the applicable double taxation treaty must be analysed.

If you are a British property owner considering a permanent move to Spain, this issue should ideally be reviewed before changing residence rather than afterwards.

7. What About the 100% Property Tax That Has Been Discussed?

This issue deserves clarification because it has generated significant concern among non-EU buyers.

In January 2025, the Spanish Government announced its intention to introduce a substantial additional tax burden — potentially reaching 100% of the value of the property — in relation to certain property purchases made by non-EU, non-resident buyers.

However, as of September 2026 there is no 100% property purchase tax currently in force in Spain that a British buyer must pay simply because they are purchasing a Spanish home.

The proposal has not, at the time of writing, resulted in an applicable tax rule of this nature.

Therefore, prospective purchasers should calculate their transaction using the taxes that are currently in force, rather than on the basis of an announced political proposal that has not become applicable law.

The abolition of the property-based Spanish Golden Visa, on the other hand, is a different issue and is already in force.

For anyone considering purchasing property in Spain, the relevant benchmark should always be the legislation actually applicable on the date of the transaction.

8. Frequently Asked Questions

I Am British and Own an Apartment in Torrevieja That I Do Not Rent. Do I Still Have to File a Tax Return in Spain?

Generally, yes.

A non-resident property owner may be required to submit Modelo 210 for imputed property income during the periods in which the property is available for their own use.

Where there is more than one owner, each owner generally declares the proportion corresponding to their ownership share.

Why Do I Pay 24% While My German or Belgian Neighbour Pays 19%?

Because the IRNR rate applicable to this type of income depends in part on the taxpayer’s country of tax residence.

Tax residents of EU countries and certain EEA countries generally benefit from the 19% rate.

For a UK tax resident following Brexit, the general rate is 24%.

Can I Deduct My IBI and Community Fees From My Rental Income?

Under the current wording of Spanish Non-Resident Income Tax legislation, a UK tax resident does not benefit from the same ordinary expense-deduction regime available to qualifying EU/EEA residents.

However, the Spanish National Court has held in cases involving third-country residents that preventing the deduction of expenses directly linked to rental income may infringe the free movement of capital.

The matter is currently awaiting consideration by the Spanish Supreme Court.

For that reason, whether it is worthwhile seeking rectification of previous tax returns should be assessed on an individual basis.

How Many Years Back Can I Claim?

The general limitation period is four years.

However, it must be calculated separately for each tax return and tax period.

Once the ordinary right to rectify has expired, the amounts cannot normally be recovered through that route.

Extraordinary review procedures are exceptional.

If I Become Resident in Spain, Does This Problem Disappear?

IRNR ceases to apply in the same way once a person becomes Spanish tax resident.

However, Spanish Personal Income Tax — IRPF — then applies to worldwide income and additional tax and reporting obligations may arise.

The correct analysis is therefore not simply a comparison between 24% and 19%.

The taxpayer’s complete personal, family, financial and asset position should be considered.

I Have Not Filed Modelo 210 for Several Years. What Could Happen?

Failure to file may give rise to late-filing surcharges, interest and, where the statutory conditions are met, penalties.

A voluntary regularisation made before a formal notice from the Spanish Tax Agency can have very different consequences from regularisation after an investigation or request has already started.

It is therefore usually preferable to review the position before the Tax Agency makes contact.

I Am Selling. Will I Get the 3% Withholding Back?

If the final Spanish tax liability is lower than the 3% amount withheld, the seller may request repayment of the excess by filing Modelo 210.

The purchaser has one month from completion to pay the withholding through Modelo 211.

The seller then has the corresponding period to file the capital gains return.

Does the Same Problem Affect Irish, Belgian or Polish Property Owners?

Not in the same way.

Ireland, Belgium and Poland are members of the European Union.

Their tax residents can therefore generally apply the 19% rate and, subject to the statutory requirements, deduct qualifying expenses directly related to rental income.

9. Your Next Step

If you own property in Torrevieja and remain tax resident in the United Kingdom, a tax review can help determine:

1. Your actual Spanish tax position as a non-resident property owner.
2. Whether there are tax years that remain within the limitation period and where rectification may be worth considering.
3. Whether any Modelo 210 returns remain outstanding or whether other Spanish tax obligations need to be regularised.
4. Which tax strategy may be appropriate for future years.

Tax Review for Non-Resident Property Owners

At Antón & Asociados Abogados, we can review previous Modelo 210 returns, the taxation applied, the expenses that can be documented, the relevant limitation periods and the legal viability of a potential claim.

Our Tax Services in Torrevieja are available to both resident and non-resident property owners.

If you are still considering purchasing Spanish property, our Property Lawyer in Torrevieja service provides legal support for foreign purchasers, including Land Registry checks, contracts, NIE procedures, taxation and completion.

You may also find these published guides useful:

How to Buy Property in Spain as a Foreigner

Buying Property in Torrevieja: Legal Steps Every Foreigner Must Know

How to Avoid Property Scams in Spain

Tourist Licences on the Levante Coast

Tenant Rights in Spain

We are Antón & Asociados Abogados, lawyers in Torrevieja, with extensive experience assisting international clients with property, taxation, residence, inheritance and other legal matters connected with owning assets in Spain.

If, after reviewing the case, we conclude that a claim would not be advisable because of the amount involved, the available documentation or the current legal position, we will explain this before any procedure is started.

Contact Antón & Asociados Abogados

Telephone: (+34) 966 92 77 60
Email: info@antonasociados.es
Office: Avenida Alfredo Nobel, 8-12, 03183 Torrevieja, Alicante, Spain
Assistance available in English, Spanish, Russian, Ukrainian, French and Dutch.

This article is provided for general information purposes and does not constitute individual legal or tax advice. Tax rates, deadlines and administrative criteria referred to in this guide have been reviewed as of September 2026 and may change. The deductibility of expenses for tax residents of third countries remains a matter of litigation pending definitive guidance from the Spanish Supreme Court. Any potential claim should therefore be assessed individually.

Official Sources

This guide has been prepared and updated with reference to legislation published in Spain’s Official State Gazette — Boletín Oficial del Estado (BOE) — and official information provided by the Spanish Tax Agency, as well as the applicable legislation and case law of Spain and the European Union.

For additional information, see:

• Spanish Non-Resident Income Tax legislation — BOE
• Spanish Tax Agency — Non-Resident Income Tax
• Modelo 210 — Spanish Tax Agency
• Article 63 of the Treaty on the Functioning of the European Union — EUR-Lex
• Order HAC/623/2026 — Spanish Official State Gazette

El Post: The Hidden Cost of Brexit: Why You Pay 24% While Your German Neighbour Pays 19% on the Same Property in Torrevieja se publicó y puedes verlo en: ANTÓN & ASOCIADOS LAWYERS

Torrevieja remains one of the preferred destinations for many British citizens looking to buy property, spend extended periods of time or establish their residency in Spain. The climate, proximity to the Mediterranean, local services and an international community that has been established for decades continue to make the Costa Blanca a particularly attractive place to live.

What Brexit changed is the legal framework for doing so.

Until 31 December 2020, British citizens benefited from freedom of movement within the European Union. Since 1 January 2021, those who are not protected by the Withdrawal Agreement are generally treated as third-country nationals for Spanish immigration purposes.

For short stays, the general rule is a maximum of 90 days within any 180-day period. Staying in Spain for longer requires the appropriate visa or residence authorisation.

This leads to one of the questions we are most frequently asked by foreign property owners:

Does buying a property in Torrevieja give me the right to live in Spain?

The answer is no.

Buying property and obtaining Spanish residency are two separate legal processes, with different requirements and consequences.

If you are considering purchasing a home at the same time as moving to Spain, our guide to Buying Property in Torrevieja: Legal Steps Every Foreigner Must Know explains the property side of the process in detail.

In this 2026 guide, we explain the main residency options available to British citizens and the issues that should be considered before planning a permanent move or an extended stay in Spain.

1. The Starting Point: What Is Your Current Situation?

Before choosing a visa or residence authorisation, it is essential to determine when you actually began residing in Spain.

1.1. If You Were Legally Resident in Spain Before 31 December 2020

British citizens who were legally residing in Spain before the end of the Brexit transition period may be protected by the Withdrawal Agreement between the European Union and the United Kingdom.

This status allows them to retain important residence and employment rights in Spain.

The TIE issued under the Withdrawal Agreement is currently the most practical document for proving this status. British citizens who still hold the old EU Citizen Registration Certificate, commonly known as the “green certificate”, may continue to use it as evidence of their rights where they meet the requirements of the Withdrawal Agreement.

However, since the implementation of the European Entry/Exit System (EES), there is an additional practical reason for holding a biometric TIE.

The EES electronically records the entries and exits of third-country nationals making short stays in the Schengen Area. British citizens who are legally resident in Spain and protected by the Withdrawal Agreement are not subject to the same short-stay rules when exercising their residence rights, but it is particularly important that they can properly demonstrate their resident status at the border.

For this reason, British residents who still rely solely on the old green certificate should consider obtaining a TIE. In addition to simplifying administrative procedures, a biometric residence card can make it easier to demonstrate resident status during border controls associated with the EES.

For current official information, see the European Union’s guidance on the Entry/Exit System (EES) and the UK Government’s guidance on living in Spain.

After five years of continuous legal residence, a person may acquire permanent residence rights, provided the applicable requirements are met.

1.2. If You Arrived in Spain After 1 January 2021

As a general rule, British citizens who moved to Spain after 1 January 2021 are not protected by the Withdrawal Agreement and must therefore use one of the immigration routes provided under Spanish law.

Since 20 May 2025, Spain’s new Immigration Regulations, approved by Royal Decree 1155/2024, have been in force.

There is another situation that we encounter relatively frequently: British citizens who state that they were living in Spain before 2021 but never properly regularised their position.

These cases need to be assessed individually. Historical municipal registration, healthcare documentation, bills, contracts, administrative records and other evidence may be relevant in demonstrating previous residence.

However, an application should not be submitted without first assessing what can actually be proved.

2. EES and ETIAS: What Has Changed at European Borders?

European border controls are becoming increasingly digital.

The Entry/Exit System (EES) began its progressive implementation on 12 October 2025 and has been fully operational since 10 April 2026.

The system electronically records the entry and exit of third-country nationals subject to EES rules when making short stays and uses both travel-document information and biometric data.

This makes it easier for authorities to monitor compliance with the 90 days within any 180-day period rule.

Official information is available from the European Union’s Entry/Exit System information service.

ETIAS, meanwhile, is an electronic travel authorisation intended for certain nationals of visa-exempt countries.

As of September 2026, ETIAS is not yet operational and its launch is expected in the final quarter of 2026. Current information can be checked on the official ETIAS website of the European Union.

ETIAS is not a residence permit and does not allow a person to remain in Spain beyond the period authorised for a short stay.

For a British citizen wishing to spend extended periods in Torrevieja, this distinction is fundamental:

Travelling to Spain and residing in Spain are two different legal situations.

3. What Options Are Available for Spanish Residency in 2026?

Before examining the main alternatives, it is important to clarify an issue that continues to cause confusion.

The Spanish Golden Visa Is No Longer Available for New Applications

The possibility of obtaining Spanish residency through certain investments — including the purchase of qualifying real estate worth at least €500,000 under the previous legislation — was abolished for new applications from 3 April 2025.

This does not mean that foreigners can no longer buy property in Spain.

They certainly can.

What has disappeared is the ability to use a new qualifying property investment as a route to Spanish residency through the former Golden Visa scheme.

Property ownership and residency must therefore be considered separately. If you are planning both, we recommend reading our detailed guide Do You Need a Lawyer to Buy Property in Torrevieja?, which explains the legal checks that should be completed before paying a substantial deposit.

Other routes to Spanish residency remain available, including:

• Non-Lucrative Residence.
• International Teleworking.
• Employment and self-employment authorisations.
• Certain family-based residence authorisations.
• Study stays.
• Other immigration routes depending on individual circumstances.

The appropriate route depends on something far more important than simply owning a property:

What does the person intend to do in Spain, and where does their income come from?

3.1. Non-Lucrative Residence in Spain

The Non-Lucrative Residence Visa is one of the best-known options among retirees, pensioners and people with sufficient income or assets who wish to live in Spain without carrying out employment or professional activities.

The main requirements include:

• Having sufficient financial means. The main applicant is generally required to demonstrate resources equivalent to 400% of the IPREM, with an additional 100% for each dependent family member.
• Having adequate healthcare coverage for the period of residence.
• Providing the required criminal-record certificates, properly legalised or apostilled where applicable and translated when necessary.
• Providing a medical certificate in accordance with the requirements of the procedure.
• Not carrying out employment or professional activity incompatible with this type of residence authorisation.

Using a monthly IPREM reference of €600, the amount for the main applicant is approximately €28,800 per year, with an additional €7,200 per year for each dependent family member.

These amounts should always be checked at the time the application is submitted.

Another important issue is where the procedure must be started.

As a general rule, Non-Lucrative Residence is applied for through the corresponding visa application at the competent Spanish consulate in the applicant’s country or place of legal residence.

Furthermore, following the entry into force of the new Immigration Regulations, renewal requires actual and effective residence in Spain for more than 183 days during the calendar year.

This is particularly relevant for British property owners who simply want to spend several months each year on the Costa Blanca.

Before applying for Non-Lucrative Residence, it is important to determine whether this type of authorisation genuinely corresponds with the amount of time they intend to spend in Spain.

British pensioners who are entitled to an S1 form should also examine how this healthcare entitlement affects their medical coverage in Spain.

3.2. International Teleworking — Spain’s Digital Nomad Route

People who work remotely may be eligible for the residence authorisation for international teleworkers.

It is designed for third-country nationals who work remotely using computer and telecommunications systems for companies located outside Spain.

For self-employed professionals, Spanish legislation also allows part of their professional activity to be carried out for companies located in Spain, subject to the limits established by law.

Typical requirements include:

• Evidence of a previous employment or professional relationship of at least three months.
• Evidence that the foreign company or companies meet the applicable business-activity requirements.
• An accepted university degree or professional qualification, or at least three years of professional experience.
• Compliance with the applicable Social Security requirements.
• Sufficient financial resources.

Official requirements can be checked through the Spanish Ministry of Inclusion information for international teleworkers.

In 2026, the Spanish minimum wage (SMI) is €1,221 per month. As a reference, the main applicant must therefore demonstrate 200% of the SMI, equivalent to €2,442 per month.

Additional amounts are required for accompanying family members.

A person who is legally present in Spain may, if all requirements are met, apply directly for international teleworking residence, which may be granted for up to three years.

There is also the option of applying for the corresponding visa from abroad.

This residence route permits work, but it is important to distinguish between employees and self-employed professionals because their ability to provide services to Spanish companies is not identical.

There may also be circumstances in which the special tax regime for workers moving to Spain — commonly referred to as the Beckham Law — is available.

However, this tax regime does not apply automatically simply because a person obtains an international teleworking residence authorisation.

The tax requirements must be assessed separately and the appropriate application must be made.

3.3. Residence Based on Family Relationships

Two situations that are often confused should be distinguished.

If the family member is a citizen of another European Union Member State, the EU freedom-of-movement regime and the corresponding residence card for family members of EU citizens may apply.

If the family member is a Spanish national, a specific temporary residence regime for family members of Spanish nationals has existed since May 2025.

Spouses, certain partners, children, parents and other relatives included within the legislation may qualify when they meet the requirements applicable to their circumstances.

The application procedure depends on the family relationship and on where the Spanish citizen and foreign family member are located.

For this reason, the rules of the former EU-family-member regime should not automatically be applied to every case involving a Spanish national.

4. Getting an NIE in Torrevieja: What Is It and What Is It For?

Another common mistake is confusing an NIE with Spanish residency.

The NIE — Número de Identidad de Extranjero — is a personal identification number assigned to foreigners for their economic, tax and administrative dealings in Spain.

You may need an NIE to:

• Buy property in Spain.
• Complete certain transactions before a notary.
• Pay Spanish taxes.
• Make investments.
• Deal with inheritances.
• Carry out other administrative procedures.

But having an NIE does not mean that you are a Spanish resident.

Obtaining an NIE normally requires justification of the reason for the application and the appropriate supporting documentation, including the EX-15 form, passport and evidence that the corresponding administrative fee has been paid.

For property transactions, arranging the NIE well in advance can prevent documentation problems from delaying completion.

Antón & Asociados provides a specific NIE service in Torrevieja for foreign clients who need the number for property purchases, investments and other legal or financial transactions.

Where a client is outside Spain, certain procedures may also be carried out through legal representation and a power of attorney, depending on the particular procedure.

This can allow a property transaction to be coordinated without requiring the buyer to deal with every administrative formality during a short visit to Spain.

The relationship between the NIE and a property transaction is also explained step by step in our article How to Buy Property in Spain as a Foreigner.

5. Residency, Property and Taxation: Why They Should Be Considered Together

Buying property, becoming a legal resident and becoming a Spanish tax resident are related issues, but they are not the same thing.

A person can own a property in Spain while remaining non-resident.

Similarly, a person may obtain a residence authorisation and still need to determine separately where they are considered tax resident.

For this reason, anyone planning to move permanently to Spain should consider not only immigration law but also the tax consequences of becoming resident in Spain.

Antón & Asociados provides Tax Services in Torrevieja for residents and non-residents, allowing immigration, property ownership and taxation to be considered together where appropriate.

5.1. Taxation of British Non-Resident Property Owners

Following Brexit, UK tax residents generally ceased to benefit from the treatment available under Spanish Non-Resident Income Tax rules to tax residents of the European Union and certain European Economic Area countries.

Currently, as a general rule:

• Taxpayers resident in the European Union, Iceland, Norway and Liechtenstein are subject to a 19% rate in the circumstances provided for by the Spanish Non-Resident Income Tax rules and may deduct certain expenses where the statutory requirements are met.
• Other taxpayers, generally including UK tax residents, are subject to a general rate of 24%, and expenses are generally not deductible from property income subject to the ordinary regime.

A non-resident property owner may also have to submit Modelo 210 in relation to imputed income for periods during which the property is available for their own use.

Other property-related taxes and obligations may also apply, including local IBI property tax and relevant municipal charges.

This is one of the reasons why buying a home and planning a move to Spain should not be considered entirely separately: a change in residence can also affect a person’s tax position.

5.2. When Does Someone Become Tax Resident in Spain?

The well-known 183-day rule is extremely important, but it is not the only criterion.

Spanish tax legislation also considers factors such as where a person’s principal centre or base of economic activities or interests is located, together with certain family presumptions.

It is therefore incorrect to assume that registering on the local padrón automatically makes someone tax resident.

Equally, spending fewer than 183 days in Spain does not by itself guarantee that a person can never be considered Spanish tax resident.

When someone genuinely moves their life to Spain, it is advisable to consider the tax implications before the move, including any potential reporting obligations relating to assets or rights held outside Spain.

If you are already a property owner but remain tax resident outside Spain, our Tax Services for residents and non-residents can help determine the Spanish tax obligations applicable to your circumstances.

5.3. Land Registry and Planning Status of Property in Torrevieja

In Torrevieja, Orihuela Costa and other areas of the Vega Baja, properties can sometimes have extensions that have not been registered, discrepancies between the Land Registry and Cadastre, building works carried out without the appropriate documentation or planning situations that need to be investigated before purchase.

A Land Registry extract — nota simple — is essential, but it does not always tell the whole story.

Depending on the property, it may be necessary to compare Land Registry information with:

• Cadastre records.
• Municipal documentation.
• Planning status.
• Registered charges.
• Community debts.
• The property’s legal history.

A legal review is particularly important before signing a deposit agreement (contrato de arras) or paying substantial amounts of money.

For a complete explanation of the purchase process, see Buying Property in Torrevieja: Legal Steps Every Foreigner Must Know.

If you want to understand why independent due diligence is important before signing, we have also prepared How to Avoid Property Scams in Spain: Essential Legal Tips for Expats.

That article covers issues including ownership checks, hidden charges, illegal extensions, planning problems and the risks of paying a deposit before the property’s legal status has been verified.

For buyers who want a broader overview of the complete transaction, our How to Buy Property in Spain as a Foreigner guide explains the process from obtaining an NIE to completion before the notary.

If you are already seriously considering a purchase, our Property Lawyer in Torrevieja for Foreign Buyers page explains how we assist international clients with property checks, contracts, taxes, NIE procedures and completion.

This creates an important legal distinction:

Finding the property is a commercial decision. Checking that the property can be purchased safely is a legal one.

5.4. Taxes When Buying Property in the Valencian Community

Since 1 June 2026, the general Property Transfer Tax (ITP) rate applicable to property acquisitions in the Valencian Community is 9%, unless another specific rate applies.

Where the value of the transferred property exceeds €1,000,000, the applicable rate is 11%.

New-build property transactions are normally subject to VAT and, where applicable, Stamp Duty (AJD). The precise AJD rate depends on the transaction and whether any legally available reduced rate applies.

If the seller is a non-resident, the purchaser is generally required to withhold 3% of the purchase consideration and pay it to the Spanish Tax Agency using Modelo 211.

Municipal capital gains tax (plusvalía municipal) should also be considered where applicable.

Foreign buyers should therefore calculate the complete cost of the transaction rather than looking only at the advertised property price.

Our article Do You Need a Lawyer to Buy Property in Torrevieja? explains the tax, Land Registry and due-diligence issues that should normally be reviewed before completion.

5.5. What If You Want to Rent the Property to Tourists?

Some British clients buy a property in Torrevieja intending to live there for part of the year and rent it out during other periods.

That intention should ideally be considered before purchasing the property.

Owning a property does not automatically mean that it can legally be used for tourist accommodation.

Regional regulations, municipal planning requirements and the rules of the community of owners can affect whether tourist use is possible.

Antón & Asociados provides a dedicated Tourist Licence service in Torrevieja for owners who want to determine whether their property can be legally used for holiday accommodation.

We also explain the broader regulatory situation in our article Tourist Licences on the Levante Coast.

If rental income forms part of your financial plan for the property, checking the licensing position before buying can prevent discovering afterwards that the intended use is restricted or unavailable.

For owners considering longer-term rentals instead, our guide to Tenant Rights in Spain explains landlord obligations, rental contracts, deposits and some of the legal risks foreign property investors should understand.

6. Common Mistakes to Avoid

Believing That Buying a Property Automatically Gives You Spanish Residency

It does not.

Even when the Golden Visa existed, only certain investments meeting specific legal requirements could qualify for that residence authorisation.

Buying a property and obtaining the right to live in Spain are separate legal matters.

Confusing an NIE With Residency

An NIE identifies a foreign national for administrative purposes.

It does not, by itself, constitute authorisation to live in Spain.

If you need the number for a purchase or other transaction, see our Obtaining NIE in Torrevieja service.

Applying for Residency Without Checking Where the Procedure Must Be Started

Some residence routes must be initiated through a Spanish consulate, while others allow an application to be made by a person legally present in Spain.

Assuming That Registering on the Padrón Automatically Determines Tax Residence

Municipal registration may constitute relevant evidence, but Spanish tax residence is determined according to the criteria established by tax legislation.

Taking Out Health Insurance Without Checking Whether It Meets Immigration Requirements

Not every policy necessarily provides the coverage required for every residence procedure.

Submitting Foreign Documents Without the Required Apostille, Legalisation or Translation

Documentation must comply with the specific requirements of the relevant immigration procedure.

Failing to Check the Validity of Certificates and Documents

Expiry dates should be reviewed before an application is submitted.

Waiting Until the Last Minute to Renew a Residence Authorisation

Preparing in advance makes it possible to identify documentation problems before they affect the renewal.

Signing a Deposit Contract Before Carrying Out Legal Checks on the Property

A legal, Land Registry and, where necessary, planning review should be carried out before substantial sums are paid.

For more information about these risks, read How to Avoid Property Scams in Spain.

7. Frequently Asked Questions About Spanish Residency After Brexit

Can I Get Spanish Residency by Buying a House in Torrevieja?

No. Buying property does not automatically give you Spanish residency.

The former Golden Visa allowed qualifying investors to obtain a residence authorisation through certain investments, but this route was abolished for new applications from 3 April 2025.

British citizens can still buy property in Spain, but they must use a residence route appropriate to their personal circumstances if they wish to live here.

If you are considering buying before moving permanently, see our legal guide to buying property in Torrevieja.

How Much Money Do I Need for Non-Lucrative Residence in 2026?

Using a monthly IPREM reference of €600, the main applicant must demonstrate resources equivalent to 400% of the IPREM — approximately €28,800 per year.

Approximately €7,200 per year is added for each dependent family member.

These amounts should always be checked immediately before an application is submitted.

What Is the Difference Between NIE and TIE?

The NIE is the identification number assigned to a foreign national for administrative purposes.

The TIE is a physical identity card that records, among other information, the administrative status of certain foreign residents in Spain.

They are not the same thing.

If you require an NIE for a property purchase, investment or other legal transaction, see Obtaining NIE in Torrevieja.

I Am Protected by the Withdrawal Agreement. Does the 90/180-Day Rule Apply to Me While I Am in Spain?

If you are correctly protected as a beneficiary of the Withdrawal Agreement and legally resident in Spain, the time you spend residing in Spain is not treated as a 90-day tourist stay.

When travelling, it is important to carry documentation proving your resident status.

Can I Work With a Non-Lucrative Residence Permit?

The Non-Lucrative Residence authorisation is not intended for carrying out employment or professional activities in Spain.

If you intend to continue working remotely, other alternatives should be considered, particularly the international teleworking residence route.

How Long Does a Spanish Residency Application Take?

It depends entirely on the residence authorisation and procedure involved.

Some applications are processed through Spanish consulates, others through Immigration Offices, while international teleworker applications are dealt with under their own specific procedures.

The administrative processing time is only part of the process.

Applicants may also need time to obtain criminal-record certificates, apostilles, translations, medical certificates and other supporting documentation.

It is therefore advisable to prepare the application in advance rather than planning a move based solely on a theoretical processing time.

When Can I Apply for Long-Term Residence in Spain?

As a general rule, long-term residence may be obtained after five years of legal and continuous residence in Spain, provided the applicable legal requirements are satisfied.

When Can a British Citizen Apply for Spanish Nationality?

For British citizens, the general requirement is ten years of legal, continuous residence immediately preceding the application, unless circumstances exist that allow a shorter period to apply.

The remaining legal requirements for Spanish nationality must also be satisfied.

My Spanish Residency Application Has Been Refused. Can I Appeal?

Potentially, yes, but the decision should be reviewed immediately.

The applicable deadline and method of challenge depend on the type of decision.

Depending on the circumstances, an administrative appeal and/or proceedings before the Spanish administrative courts may be available.

It should not be assumed that every refusal has the same 30-day appeal period. The decision itself should identify the available remedies and their respective deadlines.

8. Before Moving to Spain, Review Your Complete Legal Situation

Brexit does not prevent a British citizen from living in Spain, but it does mean that the process requires more careful planning.

A retired person who wants to live permanently in Torrevieja, a professional working remotely from Spain for a British company and someone married to a Spanish citizen may have three completely different routes to residence.

Buying property introduces additional considerations: taxation, Land Registry status, planning issues, purchase taxes, NIE requirements and the implications of potentially becoming tax resident in Spain.

For those combining relocation with a property purchase, we recommend reading How to Buy Property in Spain as a Foreigner before making financial commitments.

If you have already identified a particular property, Do You Need a Lawyer to Buy Property in Torrevieja? explains the checks that should ideally take place before signing or paying a substantial deposit.

At Antón & Asociados Abogados — Lawyers in Torrevieja, we work with international clients who buy property, move their residence to Spain or need assistance organising their legal and tax obligations as property owners.

Before beginning an application, we assess the client’s individual circumstances and determine which route genuinely corresponds to their situation.

In some cases, the appropriate decision is to begin the procedure immediately.

In others, it is preferable to prepare the necessary documentation first or properly plan the change of residence.

Request a Consultation With Our Lawyers in Torrevieja

If you are planning to move to Torrevieja after Brexit, we can review your individual circumstances, assess the residence route that may be appropriate and identify the documentation required to begin the procedure.

And if your move also involves purchasing a home, our Property Lawyer in Torrevieja service allows the property transaction, NIE, taxation and related legal issues to be coordinated as part of the wider process.

Antón & Asociados Abogados

Telephone: (+34) 966 92 77 60
Email: info@antonasociados.es
Office: Avenida Alfredo Nobel, 8-12, 03183 Torrevieja, Alicante, Spain
Legal assistance in English and Spanish.

This article is intended for general information purposes and does not constitute individual legal or tax advice. Immigration, tax and property regulations may change, and their application depends on the circumstances of each case.

Article reviewed by Enrique Antón — Antón & Asociados Abogados, Torrevieja

Official Sources

This guide has been prepared and updated with reference to legislation published in Spain’s Official State Gazette (Boletín Oficial del Estado – BOE), as well as official information provided by the Ministry of Inclusion, Social Security and Migration, the Ministry of Foreign Affairs, the Spanish Tax Agency, the Generalitat Valenciana and the institutions of the European Union.

El Post: Residency in Spain After Brexit: 2026 Legal Guide for Property Owners in Torrevieja se publicó y puedes verlo en: ANTÓN & ASOCIADOS LAWYERS

Buying a property in Torrevieja is a goal for many people who come to the area every year from the UK, Ireland, Belgium, Poland, Norway, Sweden and other European countries.

The climate, the sea, property prices and quality of life make the southern Costa Blanca particularly attractive for anyone looking for a second home, somewhere to retire or a property investment.

The complications usually start when it is time to actually buy.

The Spanish system probably works differently from the one you are used to at home. There is an estate agent, a notary, the Land Registry, taxes, the Cadastre, the local council, contracts, possible community debts and, with some properties, planning issues that need to be checked.

And each professional has a different role.

The notary plays an essential and impartial public role in a Spanish property transaction, but the notary is not the buyer’s personal lawyer. The estate agent is involved in the sale, but does not replace independent legal advice from someone whose job is to protect your interests.

That is where a lawyer comes in.

In this article, we explain in straightforward terms what you should check before buying a property in Torrevieja, what the purchase is likely to cost you and which problems are worth identifying before you hand over any money.

If you are looking for a broader explanation of the entire process, you can also read our guide to buying property in Spain as a foreign buyer, where we explain the main stages of a Spanish property purchase from an international buyer’s perspective.

Is It Compulsory to Use a Lawyer When Buying Property in Spain?

No.

Spanish law does not require you to appoint a lawyer to buy a property. You can purchase and sign the title deed before a notary without having one.

The real question is: who is checking the transaction solely from your point of view?

A lawyer can review the property’s Land Registry and cadastral status, outstanding debts, the contracts you are being asked to sign, relevant planning issues and the tax implications of the purchase.

They may also identify something that is sometimes more important than simply getting the deal completed: a reason not to buy the property, or a reason to renegotiate the terms.

That is why we recommend independent legal advice, particularly when you are buying in a country whose legal and property system you may not be familiar with.

What Does a Lawyer Check Before You Buy a Property in Torrevieja?

Before buying a property in Torrevieja, a lawyer should check the legal ownership, Land Registry charges, community and tax debts, cadastral and planning status, the contracts you are being asked to sign and any other circumstances that could affect the legal security of the transaction.

These are some of the most important checks.

1. Mortgages, Charges and Other Encumbrances

Just because the seller says a mortgage has been paid off does not necessarily mean it has disappeared from the Land Registry.

The mortgage may have been repaid years ago but still remain registered against the property.

Before buying, up-to-date Land Registry information should be obtained to confirm who actually owns the property and whether any mortgages, charges, attachments or other encumbrances are registered against it.

2. Debts Owed to the Community of Owners

This is particularly important when buying in a development with a swimming pool, gardens, lifts or other communal facilities.

The buyer should check whether there are any outstanding community fees or special assessments and understand any liabilities that may legally affect the property.

Discovering a substantial special assessment after completion can turn what looked like a good purchase into a rather expensive surprise.

3. IBI and Other Local Taxes

The position regarding IBI, the local property tax, and other local charges associated with the property should also be checked.

In Torrevieja and throughout much of Alicante province, many local tax matters are administered through SUMA Gestión Tributaria.

It is a relatively straightforward check and one that is best carried out before completion.

4. The Property Does Not Match the Land Registry Records

This is fairly common on the Costa Blanca.

A property may have an enclosed terrace, an additional room, a swimming pool, a converted basement or simply more built area than appears in the official documentation.

That does not automatically mean you should not buy it.

It does mean you need to establish what was built, when it was built and whether the Land Registry, Cadastre and planning records accurately reflect the property as it stands today.

5. Extensions or Alterations That Have Not Been Properly Declared

An extension or alteration that is not correctly reflected in the documentation can cause problems when applying for a mortgage, selling the property in the future or trying to regularise the situation.

In some cases there is a solution. In others, resolving the problem may be difficult or may not be possible at all.

It is better to know before you buy.

6. Properties on Rural Land or with Planning Issues

In inland areas of the Vega Baja, there are properties built on non-developable land or with very different planning situations.

Not every property has the same problem, and not every one should automatically be ruled out.

That is precisely why each property needs to be considered individually and its planning position checked with the relevant local council before you make a significant financial commitment.

7. Buying a New-Build Property and Paying Money in Advance

When buying off-plan, a significant part of the purchase price may be paid before you actually receive the property.

Before making these payments, the developer’s contract should be reviewed and the legally required safeguards protecting advance payments during construction should be checked.

It is not advisable to hand over substantial sums simply because you trust the development or the estate agent.

The paperwork needs to be in order too.

8. Signing an Arras Contract Without Fully Understanding It

This is one of the stages where buyers need to be particularly careful.

It is common to pay a deposit quickly because you are worried that somebody else might buy the property.

But an arras contract is not simply a receipt for a deposit.

It should clearly establish what happens to the money if the transaction does not proceed, the relevant deadlines, each party’s obligations and the circumstances in which the money can be recovered.

Before transferring several thousand euros, it is worth knowing exactly what you are signing.

9. The Seller Is Non-Resident, the Property Has Been Inherited or Someone Is Acting Under a Power of Attorney

Not every property transaction is straightforward.

If the seller is not tax resident in Spain, the buyer is generally required to withhold 3% of the agreed purchase price and pay it to the Spanish Tax Agency using Form 211.

If the property has been inherited, it is necessary to check that the inheritance has been properly dealt with and establish who has the legal authority to sell.

And if either party is acting through a power of attorney, the power must also be checked to make sure it is valid and sufficient for the transaction.

These checks form part of the advice we provide through our real estate services in Torrevieja, adapting the legal review to the circumstances of each property and buyer.

The NIE: One of the First Things to Arrange

If you are a foreign national buying property in Spain, you will need an NIE, or Número de Identidad de Extranjero.

It is your foreigner’s identification number and is needed for dealings with the Spanish authorities and for the tax obligations connected with the purchase.

An NIE is not a residence permit.

Owning a property in Spain and having the right to live in Spain are two different things.

How Do You Obtain an NIE?

You will normally need to make an appointment, complete Form EX-15, pay the relevant fee and provide your passport together with documents explaining the reason for your application.

Appointment availability can vary, so we recommend not leaving this until the last minute.

Depending on your circumstances, the process may also be handled through a representative or through the appropriate Spanish consulate in your country of residence.

What Is the Process of Buying a Property in Torrevieja?

Every transaction is different, but a typical property purchase usually follows these stages.

Reservation

A sum of money may be paid to reserve the property.

Before paying, you should understand exactly what the payment is for, the conditions attached to it and when it can be refunded.

Legal Checks on the Property

Your lawyer reviews the property and its documentation, including the Land Registry, Cadastre, outstanding debts and any relevant planning, tax or contractual issues.

Arras Contract

The purchase price, deadlines, conditions of the sale and consequences if either party fails to comply are agreed.

NIE and Preparation of Funds

The buyer needs to have the necessary documentation ready and arrange in advance how the purchase funds will be transferred.

Completion Before the Notary

The public deed of sale is signed before a Spanish notary and possession of the property is handed over in accordance with the agreed terms.

Taxes

The relevant taxes must then be paid.

Land Registry

Finally, the property is registered in the name of the new owner.

Timescales vary. A purchase without mortgage finance and with all the documentation in order can progress relatively quickly. A transaction involving a mortgage, documentation problems or planning issues will take longer.

How Much Does It Cost to Buy a Property in Torrevieja in 2026?

This is particularly important because property taxation in the Valencian Community changed on 1 June 2026.

Many articles still available online use the previous tax rates.

Resale Property

From 1 June 2026, the general rate of Property Transfer Tax — Impuesto sobre Transmisiones Patrimoniales or ITP — in the Valencian Community is 9%.

For properties with a value exceeding €1,000,000, the applicable rate is 11% on the taxable base corresponding to the acquisition.

Reduced rates are available in certain circumstances, but they are subject to specific requirements. You should not assume that a reduced rate applies without first considering the buyer’s individual circumstances.

You will also need to take into account notary fees, Land Registry fees and legal fees, together with any other costs applicable to the particular transaction.

New-Build Property

The purchase of a new-build residential property is generally subject to 10% VAT (IVA).

Stamp Duty, known in Spain as Actos Jurídicos Documentados or AJD, must also be taken into account.

From 1 June 2026, the general AJD rate in the Valencian Community is 1.4%.

Reduced rates may apply in certain legally defined situations where all the relevant requirements are met.

Be Aware of the Property’s Cadastral Reference Value

This is something many overseas buyers are unfamiliar with.

When calculating ITP, it is not always enough to look at the price stated in the title deed.

If the property has an official cadastral reference value and that value applies under Spanish tax rules, it can affect the taxable amount on which ITP is calculated.

Imagine finding a property at an excellent price and negotiating a purchase below what you expected to pay. That does not necessarily mean your tax will be calculated solely on the price agreed with the seller.

That is why we recommend checking the cadastral reference value before signing the arras contract and calculating the likely tax cost of the transaction in advance.

Practical Example: Buying a €180,000 Property in Torrevieja

Suppose a foreign non-resident buyer purchases a resale property in Torrevieja for €180,000, without a mortgage, and that €180,000 is also the applicable taxable base.

Important: this example is for guidance only. The tax cost may be different if the applicable taxable base is not the same as the purchase price, for example because of the property’s cadastral reference value. The €196,200 figure also excludes notary fees, Land Registry fees, legal fees and any other costs that may apply to the transaction.

That is why, before signing an arras contract or paying a substantial deposit, it is advisable to calculate the real cost of buying the property, rather than looking only at its sale price.

Does Buying a Property Give You the Right to Live in Spain?

No.

Buying a property in Spain does not automatically give you a residence permit.

Buying a home and obtaining the right to reside in Spain are separate legal processes.

In addition, since April 2025, property investment no longer allows new applications under the route previously known as the Golden Visa.

If you are planning to buy a home and move permanently to Torrevieja, it is sensible to consider the property transaction and your residence position in Spain separately before making your final decision.

After Buying: Obligations of a Foreign Property Owner

Signing the title deed does not bring every obligation connected with the property to an end.

Depending on the buyer’s circumstances, there may subsequently be obligations relating to IBI, the community of owners, utilities and taxation for non-residents.

For that reason, when advising on a purchase we also recommend that buyers understand, before signing, which obligations they will have once the property has been registered in their name.

What If I Want to Rent the Property to Holidaymakers?

If holiday rentals form part of your plans, their viability should be checked before buying the property.

Not every property can automatically be used for tourist accommodation, and tourism, planning and administrative requirements need to be considered in each individual case.

You can find further information about the applicable requirements in our service for obtaining a tourist licence in Torrevieja.

Why Use a Lawyer in Torrevieja?

When you buy property in another country, one of the biggest difficulties is not simply the language.

It is not knowing how the system works.

You may not know which documents are standard, which clauses deserve a second look, how long a particular procedure should normally take or whether a seemingly minor issue could become a significant problem later.

Being based in Torrevieja means we deal regularly with the Land Registries, notaries, public authorities and local councils across the southern Costa Blanca and are familiar with the issues that commonly arise in property transactions in this area.

But there is another important point.

The buyer’s lawyer does not need the property to sell.

Our job is not to persuade you to buy. It is to review the transaction and explain clearly what you are buying, what the risks are and what options you have.

Sometimes the conclusion will be that everything is in order and you can proceed.

At other times, we may recommend renegotiating a condition, resolving a problem before completion or, if the risk justifies it, reconsidering the purchase altogether.

Frequently Asked Questions

Talk to Us Before You Sign

Many of the problems we see after a property purchase could have been identified before the buyer paid the deposit.

A mortgage that remains registered, an extension missing from the paperwork, an outstanding debt, an arras contract that offers the buyer too little protection or a property that ultimately cannot be used in the way the buyer expected.

When a problem is discovered beforehand, there are usually options.

Once the property has been bought, those options become more limited.

At Antón & Asociados Abogados, we advise international buyers purchasing property in Torrevieja and across the southern Costa Blanca.

We review the property and its documentation, explain clearly what the client is signing and assist throughout the transaction until the property is correctly registered in the buyer’s name.

And if we find a problem, we tell you.

Because buying a home in Spain should begin with knowing exactly what you are buying.

Antón & Asociados Abogados
Lawyers in Torrevieja with experience in property purchases and legal advice for international buyers.
In-person, telephone and video consultations.
Advice available in English and Spanish.

Contact Antón & Asociados Abogados before signing or paying a substantial deposit.

This article is for general information purposes only and does not constitute individual legal advice. Tax, property, tourism and immigration rules may change, and their application depends on the circumstances of each case.

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Torrevieja offers an idyllic climate, a relaxed lifestyle and excellent investment opportunities. However, when you decide to put your property on the rental market, you enter a legal maze regulated by Spain’s strict Urban Lease Act — the Ley de Arrendamientos Urbanos de España (LAU).

Whether you are renting out a holiday villa or organising the profitability of a small portfolio of, for example, four rental apartments in the city, the rules of the game often favour the more vulnerable party.

A simple contract downloaded from the internet can cost you thousands of euros and years of headaches in court. You need certainty, transparency and an iron barrier between your assets and potential disputes.

Here, we break down exactly where the tenant’s rights end and where the landlord’s rights begin.

The Urban Lease Act (LAU): The Playing Field

In Spain, the law strictly differentiates between long-term rentals — habitual residence — and seasonal or holiday rentals.

For habitual residence rentals, the LAU establishes mandatory rules that cannot be changed in the contract, even if both parties agree.

Rights and Obligations of the Landlord

Right to receive punctual payment: You have the right to collect the agreed rent within the stipulated deadlines, normally within the first seven days of the month.

Right to recover the property: Under very specific circumstances — such as needing it for yourself or first-degree relatives — you can reclaim the property after the first year, provided this clause has been included in the contract.

Obligation to maintain habitability: You must carry out all necessary repairs to keep the property in habitable condition, without the right to increase the rent for doing so, such as repairing broken pipes or a faulty water heater.

Obligation to deposit the security deposit: It is compulsory to deposit the legal security deposit with the relevant regional body — in our case, the Generalitat Valenciana.

Rights and Obligations of the Tenant

Right to mandatory extension: In long-term contracts, the tenant has the right to remain in the property for a minimum of 5 years, or 7 years if the landlord is a legal entity.

Right of first refusal: If you decide to sell the property, the tenant has the right of first refusal and withdrawal, meaning preference to purchase it for the same price.

Obligation to pay utilities and minor repairs: The tenant must pay for water, electricity, internet and minor repairs arising from daily wear and tear, such as replacing a light bulb or repairing the toilet flush.

Obligation to return the property in its original condition: At the end of the contract, the property must be returned as it was received, except for normal wear and tear over time.

Quick Comparison: Who Pays What?

The Risk of Acting without a Law Firm in Torrevieja

The biggest trap foreign investors fall into is assuming that the Spanish legal system works in the same way as in the United Kingdom, Sweden or the United States. We are not simply administrators who fill in forms; as registered lawyers, we protect your assets.

Not having a lawyer in Torrevieja draft a tailor-made contract means exposing yourself to serious risks. A common mistake is failing to register the property properly with the Land Registry, or ignoring local regulations on tourist licences if you decide to rent short term.

Furthermore, if the tenant is foreign, they will often need to obtain an NIE in Torrevieja and open a Spanish bank account in order to set up direct debit payments. In many cases, expatriates rent luxury properties while processing their residence permit in Spain, such as the Golden Visa. If the contract is not drafted in both languages — English and Spanish — with complete clarity, disputes caused by cultural and linguistic misunderstandings are guaranteed.

Choosing a law firm in Torrevieja with proven experience ensures that your contracts are protected against non-payment, abusive clauses and prolonged occupations.

Frequently Asked Questions for Foreign Investors

1. What happens if the tenant stops paying the rent?

You must start judicial eviction proceedings. You must never cut off utilities or change the locks, as this is considered an offence of coercion under the Spanish Criminal Code.

2. How much can I request as a security deposit and additional guarantee?

The LAU requires one month’s security deposit for habitual residence rentals, and two months for uses other than housing. Additionally, you may request an “additional guarantee” of up to a maximum of two extra monthly payments.

3. Can I update the rental price every year?

Yes, but there are currently limits set by the Government on the maximum annual increase percentage, which is disconnected from the general CPI in certain circumstances. It must be stipulated in the contract.

4. Can I sell my property in Torrevieja if there is a tenant inside?

Yes, you can sell it, but the buyer must respect the rental contract in force until the legally established period ends, except in specific cases.

5. Does the tenant need a Spanish NIE to sign the contract?

Yes, it is essential. To sign a legal contract and register or change the ownership of electricity and water utilities, the tenant will need their Foreigner Identity Number.

Protect Your Investment Today

Managing properties from miles away in a foreign country does not have to be a source of stress. We have been offering legal security to the international community on the Costa Blanca for two decades.

Do not leave the profitability and security of your home in Spain in the hands of generic contracts or language barriers.

Are you ready to rent out your property with complete peace of mind, or do you need to review an existing contract?

Contact ANTÓN & ASOCIADOS ABOGADOS – Law Firm in Torrevieja today to schedule a confidential initial consultation in your native language. We have experts in all European languages and always defend your interests against third parties.

BY Enrique Antón — Antón & Asociados Abogados, Torrevieja

El Post: Tenant Rights against the Landlord in Spain: The Definitive Legal Guide for Foreign Investors se publicó y puedes verlo en: ANTÓN & ASOCIADOS LAWYERS

However, buying a home abroad can quickly turn from a Mediterranean dream into a bureaucratic nightmare. The Spanish legal and property systems are highly fragmented, decentralized, and significantly different from those in the UK, Poland, or the US.

At Antón & Associates Lawyers (Lawyer in Torrevieja), we have spent over 20 years protecting foreign investors. We are not just gestores (administrative agents) or real estate finders. We are fully registered, independent solicitors (abogados colegiados). Our sole mission is to ensure that your financial investment is completely bulletproof against property scams, hidden debts, and illegal builds.

The Most Common Property Scams on the Costa Blanca

Scammers do not always wear masks; in the real estate world, they often wear sharp suits and present beautiful brochures. Whether you are purchasing an off-the-plan villa or a traditional resale apartment in Torrevieja, you must stay vigilant against these frequent pitfalls.

1. The “Ghost Owner” Scam

This happens when someone rents a property, clones the keys, falsifies ownership documentation, and lists it for sale online at an irresistible price. They pressure you into paying a swift reservation fee (señal) or a deposit contract (contrato de arras) in cash or via untraceable wire transfers, only to disappear completely once the funds clear.

2. Hidden Structural or Legal Debts (Cargas)

In Spain, debts attach to the property, not the person. If you purchase a home that has an outstanding mortgage, years of unpaid local property tax (Impuesto sobre Bienes Inmuebles – IBI), or massive outstanding community fees (cuotas de comunidad), you—as the new owner—become legally responsible for paying them off.

3. The “Off-the-Plan” Disappearance

Buying a brand-new development before it is built is highly popular among Scandinavian and Polish buyers. However, if the developer goes bankrupt or fails to secure the mandatory, legally required bank guarantee (aval bancario), you could lose your entire life savings with no recourse to reclaim your deposits.

4. Illegal Extensions and Rustic Land Traps

Many properties in the rural outskirts of Torrevieja or neighboring areas have beautiful extensions, swimming pools, or guest houses that were built without planning permission (licencia de obra). Buying one of these means you could face hefty fines, a demolition order from the town hall, or find yourself unable to secure a Tourist License to rent the property out.

The Legal Blueprint: How to Buy Safely in Torrevieja

To guarantee absolute security, an independent legal professional must perform meticulous due diligence. Below is a breakdown of the structural checks required before a single Euro leaves your bank account.

Essential Documents Every Buyer Must Demand

Before signing any final purchase deeds before a Notary (Notario), ensure your representative obtains and verifies the following documents:

• Nota Simple Informativa: Issued by the Land Registry (Registro de la Propiedad). This is the absolute law of the property. It proves exactly who owns the house and details any active liens, embargos, or judicial disputes.
• Certificado de Eficiencia Energética: The mandatory energy efficiency certificate.
• Licencia de Primera Ocupación: The first occupancy license (or Cédula de Habitabilidad). Without this, you cannot legally connect your property to the main water and electricity grid.
• IBI Receipts: Proof from the local town hall that the annual municipal property taxes have been paid in full for the past four years.

Why Relying Solely on a Real Estate Agent is Highly Risky

Many international buyers make the catastrophic mistake of using the lawyer or legal advisor recommended directly by their real estate agent.

Critical Rule of Spanish Property Law: Never use a legal representative provided by the vendor or the real estate agency.

Real estate agents operate on a commission-only structure. Their financial incentive is tied exclusively to making sure the sale closes. If a legal issue emerges regarding a property in Torrevieja—such as an illegal extension or a hidden community debt—an agent-recommended advisor may minimize the problem to keep the transaction alive.

By retaining an independent abogado en Torrevieja, you ensure that your legal counsel has zero allegiance to the seller, the developer, or the agency. Our only duty of care is to you. If a property is unsafe, we will tell you straight out, halt the process, and protect your deposit.

Navigating the Burocratic Essentials: NIE and Tax Compliance

Beyond verifying the bricks and mortar, entering the Spanish property market requires proper fiscal and administrative setup. We seamlessly handle these foundational elements through our comprehensive Real Estate Services:

Obtaining Your NIE Number

To buy a house, open a bank account, or sign utility contracts in the Valencian Community, you must obtain a foreigner identification number (Número de Identidad de Extranjero). The local police stations in the Costa Blanca are heavily congested. As an established Law firm in Torrevieja, we can bypass the stress by obtaining your NIE on your behalf via a specific Power of Attorney (Poder Notarial).

Non-Resident Tax Infrastructure

Owning a property comes with ongoing financial duties. Even if you do not live in Spain full-time, you are liable for Non-Resident Income Tax (Impuesto sobre la Renta de No Residentes – IRNR), calculated as an imputed rental income on your property. If you fail to file this annually, your Spanish bank account can be frozen by the tax authorities (Hacienda). Our in-house Tax Services team manages these filings cleanly to keep you fully compliant.

Frequently Asked Questions

What is a “Contrato de Arras” and is it safe to sign?

A Contrato de Arras is a binding deposit contract. Typically, you pay a 10% deposit to secure the property. Under Spanish civil law (Article 1454 of the Código Civil), if you back out of the deal, you lose your deposit. However, if the seller backs out, they must pay you double your deposit back. You should never sign this contract or transfer funds until your independent lawyer has vetted the clauses and verified the property’s legal status.

I am a Polish citizen. Do I face different rules than British buyers post-Brexit?

Yes. As Poland is an EU member state, Polish citizens enjoy full freedom of capital and movement, making it easier to arrange Spanish mortgages and manage long-term stays. British citizens are now subject to non-EU rules, meaning they are restricted to the 90-day out of 180-day stay rule unless they obtain a specific Residence Permit. However, the property due diligence process remains identical for all nationalities.

Can a Spanish Notary check if a property has hidden structural defects or illegal extensions?

No. This is a very dangerous myth. A Spanish Notary is a public official whose job is strictly to verify that the paperwork presented complies with the law, that taxes are allocated, and to witness the signing of the deeds (Escritura). The Notary does not visit the property, check for structural cracks, or verify if the pool was built illegally. That independent investigation is solely the responsibility of your lawyer.

Secure Your Spanish Investment with Absolute Confidence

Buying a villa or an apartment on the sun-drenched Costa Blanca should be one of the most rewarding milestones of your life. Do not allow avoidable legal pitfalls or high-pressure sales tactics to jeopardize your wealth and peace of mind.

For over two decades, our independent law firm has offered transparent, transparent legal council tailored directly to the international community. We speak your language, break down complex Spanish regulations into plain English, and provide a protective shield throughout your real estate transaction.

Ensure your property purchase is 100% secure before you sign.

Contact Antón & Associates Lawyers today for a confidential initial consultation and let our experienced team manage your real estate safeguards from start to finish.

By Enrique Antón — Antón & Asociados Abogados, Torrevieja

El Post: How to Avoid Property Scams in Spain: Essential Legal Tips for Expats se publicó y puedes verlo en: ANTÓN & ASOCIADOS LAWYERS

For many foreign buyers, it is not simply a property transaction. It is a personal decision. Sometimes, it is even the beginning of a new stage in life.

But that excitement often comes with a reasonable concern: buying in another country, in another language and under legal rules you do not fully know.

In our firm, we see this often. Clients come to us with a property already chosen, a reservation ready to be paid or a deposit contract waiting to be signed. The question is usually similar: Is everything correct before I move forward?

And that is precisely the question that should be asked before paying any money.

Buying in Spain Without Knowing the System

A foreign buyer is not expected to know how a property purchase works in Spain.

They are not expected to know what a nota simple is, what legal effect a deposit contract has, when an NIE is needed, which taxes must be paid or what happens if the property has a registered charge.

Nor are they expected to clearly distinguish the role of the estate agent, the bank, the notary and the buyer’s conveyancing lawyer.

That is why, when a foreign client tells us they feel lost, it does not surprise us. It is normal.

Buying a property in Costa Blanca, Torrevieja, Orihuela Costa or the Region of Murcia can be a very positive experience, but it is advisable not to move forward based only on trust, urgency or intuition.

Trust is important. Legal review is important too.

What Worries Foreign Buyers Most

In transactions involving foreign buyers, certain doubts appear again and again. Some relate to language. Others

relate to money. Many relate to the fear of discovering too late that something was not properly explained.

The most common questions are usually these:

• Can I sign if I still do not have an NIE?
• What happens if I pay a reservation deposit and a problem appears later?
• Is the seller really the owner?
• Does the property have charges, a pending mortgage or debts?
• Does the deposit contract protect me or bind me too much?
• How much will I really pay including taxes, notary, Land Registry and other costs?
• Can I rent the property afterwards?
• Will I need a tourist licence?
• Who deals with my tax obligations if I do not live in Spain?

These are practical questions. And in many cases, they arrive just in time.

The problem is usually not asking too many questions. The problem is usually asking too late.

The Delicate Moment: Before Paying a Deposit

One of the most sensitive points in a property purchase is paying a reservation deposit or signing the deposit contract.

For the buyer, it may seem like a natural step: they have found a property they like and they do not want to lose it. However, from a legal point of view, that moment deserves calm.

The deposit contract is not a simple form. It can set deadlines, penalties, amounts paid, obligations for both parties and consequences if the purchase is not completed.

On more than one occasion we have reviewed transactions where the buyer was ready to sign because

everything appeared correct. After studying the documentation, issues appeared that had to be clarified first:

Land Registry charges, pending documents, unbalanced contractual conditions or doubts about certain property details.

The purpose of legal advice is not to stop a good purchase, but to prevent the buyer from moving forward without enough information.

A Common Case: The Property Seemed Perfect, but Checks Were Missing

A fairly common case in our firm is the foreign buyer who has already found a property in Torrevieja, Orihuela Costa or the surrounding area and wants to move quickly.

The property fits. The area is attractive. The price seems reasonable. The estate agent gives confidence. The buyer is afraid that someone else may move ahead.

In one transaction of this type, the client came to us before signing the final reservation. The documentation seemed simple, but when we reviewed it we detected that part of the Land Registry documentation needed to be updated, that the contract did not regulate clearly enough what would happen if completion could not take place on time and that certain documents were missing before a larger amount was paid.

The solution was practical: request the necessary documentation, adjust certain conditions and coordinate the steps before the client assumed a more relevant commitment.

The purchase was able to continue, but with a different feeling: the buyer knew what they were signing, what had been reviewed and what issues had been corrected before committing.

This type of case explains well how we approach a purchase. It is not about creating fear. It is about preventing an important decision from being made blindly.

When the Client Has Already Paid a Reservation Deposit

We also assist buyers who come to us after they have already signed or paid a reservation.

Here the scenario changes. A sum has already been paid and the room for manoeuvre may be smaller. Even so, in many cases it is still possible to review, organise and negotiate.

In one of these cases, the buyer began to worry after receiving additional documentation they did not properly understand. They did not know whether they could recover the deposit, whether they had to continue or whether the conditions they had accepted were normal.

The first step was to review what had been signed. Then, to request the missing documentation and explain clearly to the client what options were available.

In a property purchase, the lawyer should not replace the client’s decision. The lawyer should provide the information the client needs in order to decide safely.

That difference is important, especially for someone buying in another country.

What Is Reviewed Before Buying a Property

No two property purchases are exactly the same, and that is one of the reasons why each case should be reviewed calmly.

Buying a new-build property is not the same as buying a resale property, an inherited property, a property with a pending mortgage or a property intended for rental use.

Even so, there are matters that should always be checked before signing:

• who the legal owner of the property is;
• whether there are charges, mortgages, embargoes or restrictions;
• whether the Land Registry and cadastral information reasonably match;
• whether there are community debts or unpaid taxes;
• whether the deposit contract adequately protects the buyer;
• which taxes and costs must be taken into account;
• whether the buyer needs an NIE or other prior documentation;
• whether the intended use of the property may involve additional requirements.

The client does not need to become an expert in Spanish property law. That is what professional advice is for.

What matters is that the buyer understands the essentials before signing.

Having a property lawyer in Torrevieja makes it possible to review the transaction from the buyer’s interests before important commitments are assumed.

Torrevieja and Orihuela Costa: Attractive Areas, but with Particularities

Torrevieja, Orihuela Costa, La Mata, Guardamar, Ciudad Quesada, San Miguel de Salinas and other nearby areas have a strong presence of foreign buyers.

This means that many transactions take place in an international setting: buyers living outside Spain, non-resident sellers, documents in several languages, powers of attorney, international transfers, banks, estate agencies and notaries all working at the same time.

In our firm, we frequently assist clients who cannot travel to Spain for every step and who purchase through a power of attorney.

Buying through a power of attorney can be a practical solution for many foreign buyers, provided that the document is properly prepared and the transaction is correctly coordinated.

In these cases, it is especially important to review the scope of the power of attorney, coordinate the documentation, check deadlines and ensure that the buyer understands every step even if they are not physically present.

In this area it is also common to find properties of different ages, renovations carried out over the years, extensions, communities of owners with specific rules or properties bought for personal use with possible rental use in mind.

None of these circumstances prevents a purchase. But they do make a careful legal review advisable. Our work in this type of transaction is to anticipate questions that foreign buyers often do not know they should ask.

Local experience helps identify what should be checked before problems arise.

The Notary Does Not Replace the Buyer’s Lawyer

This is a common misunderstanding.

In Spain, the title deed is signed before a notary. The notary performs an essential role: they certify the act, identify the parties and authorise the public deed.

But the notary does not act as the buyer’s private lawyer.

The conveyancing lawyer intervenes beforehand. They review the documentation, analyse the contractual conditions, warn about risks, coordinate procedures and explain to the client the legal consequences of what they are about to sign.

For a foreign buyer, this difference is especially important.

A translation helps you understand words. Legal advice helps you understand consequences.

After Buying, New Obligations Begin

Many buyers focus all their attention on signing the title deed. That is understandable. That day may feel like the end of the journey.

In reality, for a foreign property owner, it is often the beginning of another stage.

In practice, after completion, tax, administrative or property-management issues may arise: non-resident tax representation, filing taxes linked to the property, changing utilities, dealing with the community of owners, seasonal rentals, tourist licences or reviewing tenancy agreements.

It is also common for the buyer to consider making the property profitable when they are not using it. At that point, new questions appear:

• Can I rent it out for short periods?
• Do I need a tourist licence?
• Does the community of owners allow it?
• Which taxes must I declare?
• Which contract should be used?
• What happens if I live outside Spain?

The possibility of using a property for tourist rental must be reviewed case by case, because it may depend on regional regulations, the municipality, the community of owners and the specific situation of the property.

In our firm, we have assisted clients who bought with peace of mind and, months later, needed to organise their tax representation, study the possibility of renting or review the steps needed to apply for a tourist licence.

Buying a property does not always end at the notary. For many foreign owners, it continues with the correct management of the property.

What a Foreign Buyer Really Needs

After many transactions, one idea repeats itself: foreign buyers are not looking for complications. They are looking for clarity.

They want to know whether they can buy safely. They want to understand what they are signing. They want to know the real costs. They want to avoid avoidable mistakes. They want someone to review the transaction from their interests. They want to feel supported without receiving confusing or unnecessarily technical explanations.

Good advice should not frighten the client or overwhelm them with information. It should provide the right information, at the right moment, so that they can make a good decision.

When It Is Advisable to Ask for Advice

The best moment is usually before signing any document or paying any significant amount.

Especially if:

• you have already chosen a property;
• you have been sent a reservation contract or deposit contract;
• you do not fully understand a clause;
• you do not know which taxes you will have to pay;
• you still do not have an NIE;
• you are buying from another country;
• you cannot travel to Spain and need to buy through a power of attorney;
• you want to rent the property in the future;
• you need tax representation as a non-resident owner;
• you simply want a second opinion before continuing.

Sometimes an early consultation prevents a later problem. Other times, it confirms that the transaction can move forward normally.

Buying with Peace of Mind

Buying a property in Torrevieja, Costa Blanca or Murcia can be a very positive experience if it is done in an organised way and with sufficient information.

The excitement of finding a property in Spain should not be affected by doubts that can be resolved before signing.

At Antón & Associates Lawyers, we assist foreign buyers with property purchases, deposit contracts, NIE procedures, taxes, tax representation, rentals and tourist licences linked to their property.

If you are considering a purchase, a prior legal review can help you decide with greater confidence.

Antón & Associates Lawyers

Law firm in Torrevieja with experience in property purchases for foreign buyers.

Enrique Antón

CEO of Antón & Asociados Abogados

Contact: info@antonasociados.es | WhatsApp: +34 661 317 387 (WhatsApp only)

Request and download your Complete Guide to buying a home on the Costa Blanca

El Post: Buying Property in Costa Blanca as a Foreigner: How to Avoid Doubts Before Signing se publicó y puedes verlo en: ANTÓN & ASOCIADOS LAWYERS

Tourist Licences > Investing in the Spanish Mediterranean is, for many, the culmination of a life project or a brilliant financial strategy.

However, the difference between an investment that generates income and one that generates fines lies in a labyrinth of stamps, deadlines and laws that change while you sleep.

In this article, we get down to the reality of tourist licences so that your dream does not end up in an administrative office.

In Summary: What you need to know before buying

Profitability in the Valencian Community and Murcia today depends entirely on current legality.

You face regulations that require renewals every five years, municipal waits that can drive even the most patient person to despair (up to 24 months in some areas) and a new power of homeowners’ associations to veto your activity.

It is not impossible, but it requires surgical precision and, preferably, someone who speaks your language.

Investing in the Levante: Why the Tourist Licence is the heart of your business

Buying a property on the Levante coast or in the Region of Murcia is an intelligent decision.

The sun, the quality of life and the constant demand for holiday rentals are strong arguments.

But here is the fine print that no one tells you at the real estate agency: once you have the keys, the bureaucracy clock starts ticking, and the rules have changed.

The harsh reality of the Valencian Community: Rules of glass

If your investment is on Valencian soil, the Generalitat (GVA) has hardened the playing field. Here it is not enough to have a beautiful house; there are three realities you must accept:

• • The 10-day barrier: Tourist rental is for short stays. If you try to disguise rentals of more than 10 days under “alternative” contracts without the proper documentation, you expose yourself to penalties that can sink your profitability.
• • The licence is no longer “forever”: Forget the old calm of perpetual licences. They now expire every 5 years. If you already have a licence prior to August 2024, you have a mandatory renewal appointment in August 2029.
• • The myth of “I can rent while I wait”: There is no retroactivity. Until you have the definitive registration number in your hands, your property is, legally, invisible to tourism.

On the other hand, if your gaze is set on the Region of Murcia, the panorama is different: for now, that 10-day time limit that so greatly conditions its Valencian neighbours does not apply.

The administrative labyrinth: Why does it take so long?

Many foreign investors wonder why the process is so dense. The answer is duplication. It is not only an autonomous community procedure; it is a municipal obstacle race:

1. The Urban Planning Certificate: Every town hall is a world of its own. While some are agile, others such as Orihuela can hold your file for up to 24 months.
2. The Declaration of Occupancy (DRO): A beginner’s mistake is to use the document of the former owner. The law requires the DRO to be in your name, and that small technical detail is capable of paralysing months of work.
3. The neighbours’ veto: Since April 2025, the community of owners has the final say. You need their digitally certified approval, which adds a layer of obligatory diplomacy to your investment.

We understand your fears (and we speak your language)

We know that the language barrier and the lack of knowledge of local laws generate enormous insecurity.

It is normal to ask yourself: “Am I signing the right thing?” or “Why is my town hall not responding?”.

Our approach is not just to manage paperwork; it is to be your bridge of trust in Spain.

• • Without technicalities: We explain the law to you in a way that you understand, in your language.
• • Local presence: We know the quirks and deadlines of each town hall, from Torrevieja to Murcia, saving you months of useless waiting.
• • Total peace of mind: We take care of everything from civil liability insurance to the mandatory registration of travellers with the Guardia Civil.

Do not leave your capital to chance

The Valencian and Murcian holiday market continues to be one of the most powerful engines in Europe. Bureaucracy should not be the wall that stops you, but a process to be managed with precision.

Your investment deserves the protection of expert hands that understand both the legal code and your needs as an international owner.

Shall we talk about your property?

Do not let poorly executed management block your income. If you want to know whether your home is suitable or you need to start the process safely, we are ready to accompany you.

Antón & Asociados Abogados
• Email: info@antonasociados.es
• WhatsApp: (+34) 662 93 95 57

We analyse your case with total transparency.

Extra: Request our free guide so you do not get lost in the labyrinth of the tourist licence.

El Post: Tourist Licences on the Levante Coast. se publicó y puedes verlo en: ANTÓN & ASOCIADOS LAWYERS

The real estate market on the Mediterranean coast is about to become much more attractive. Starting in June, a key tax reform will come into force that will reduce acquisition costs for thousands of buyers in the Valencian Community.

At Antón & Associates Lawyers, as experts in property law and taxation, we are analyzing every detail of these regulations so that our clients can maximize their savings and secure their investment.

What do these new tax changes consist of?

Just as happened last year in the Region of Murcia, property purchases, both new-build and resale, saw a reduction in ITP and AJD taxes, and this year, at the beginning of June, the Valencian Community will follow suit.

The reform mainly focuses on reducing the Property Transfer Tax (ITP), which is the tax levied on the purchase of resale properties. The objective is to stimulate the market and facilitate access to housing.

Unlike previous years, this measure seeks to ease the buyer’s initial financial burden, allowing a greater part of the budget to be allocated to the property itself and not to taxes.

What are the requirements to benefit from the ITP reduction?

Although the regulations are broad, there are specific criteria that will determine the application of these new tax rates in 2026:

• Transaction date: The reduction will only apply to deeds signed from 1 June 2026 onwards.
• Property value: The reduced 9% rate applies to properties priced at up to €1,000,000.
• Property type: Mainly aimed at resale properties (subject to ITP) and legal acts relating to new-build properties.

Comparative Table between the Region of Murcia (2025) and the Valencian Community, regarding the tax reduction of tax rates (Effective in 2026)

How much money can you really save?

The direct saving depends on the purchase value, but the impact on the buyer’s finances is immediate. These are some examples of the benefits you will obtain with the new 9% rate:

1. Properties worth €150,000: Approximate saving of €1,500.
2. Properties worth €250,000: Approximate saving of €2,500.
3. Properties worth €400,000: Approximate saving of €4,000.

In addition, a slight reduction in the Stamp Duty Tax (AJD) is also expected, which will go from 1.5% to 1.4%, also benefiting those who buy new-build property or apply for mortgages.

Important note: Transactions carried out before 1 June 2026 will continue to be taxed at the general 10% rate. It is essential to coordinate the timing of the deposit contract and the signing before a notary so as not to lose this benefit.

How can I prepare for my purchase in 2026?

Do not wait until the period opens to review your tax planning. It is vital to assess whether it is in your best interest to wait for the law to come into force.

At Antón & Associates Lawyers, we recommend making a prior provision of funds for the tax burden of the transaction in order to avoid mistakes in the self-assessment that could lead to penalties from the Tax Agency.

Do you need legal advice in the Valencian Community and the Region of Murcia?

If you are looking for a lawyer in Torrevieja, Orihuela Costa, Guardamar del Segura, or anywhere in the Vega Baja area to secure your property purchase, we are here to help you. Proper planning can save you thousands of euros.

Do you have doubts about how the new tax reduction applies in your particular case? Contact us today and secure your investment in the Valencian Community with full legal certainty.

Frequently Asked Questions about the 2026 Tax Reform in the Valencian Community

Below, we answer the most common questions we receive at Antón & Asociados Abogados about the new real estate tax scenario:

1. When exactly does the ITP reduction to 9% come into force?

The key date is 1 June 2026. Any public deed of sale signed before a notary from that date onwards may benefit from the new reduced rate. Transactions signed on 31 May or earlier will still be taxed at 10%.

2. Does this reduction also apply to new-build homes?

Not directly to the main tax. New-build properties pay VAT (10%), which is a state tax. However, the Valencian reform does reduce AJD (Stamp Duty on notarised documents) from 1.5% to 1.4%, which means a small additional saving on new-build purchases and mortgage deeds.

3. What happens if the property exceeds one million euros?

The regulations establish a bracket: 9% will apply up to the first one million euros. For the amount exceeding €1,000,000, the tax rate remains at 11%.

It is vital to calculate by brackets correctly to avoid errors in the tax settlement.

4. If I sign a deposit contract now, can I benefit from the saving in June?

Yes, provided that the signing of the Public Deed before a notary takes place from 1 June 2026 onwards. The tax is accrued at the time of signing before the notary, not at the time of the private deposit contract.

We can help you draft your deposit contract to ensure that the deadlines coincide with the law coming into force.

5. I am under 35 years old. Are the discounts cumulative?

No, they are not cumulative, but you can choose the one that benefits you the most. Generally, for young people under 35 buying their first main residence, there are special reduced rates (such as 8% or lower) that are usually more advantageous than the new general 9%.

We analyze your profile to always apply the lowest rate.

6. Does the ITP reduction also affect garages and storage rooms?

Yes. Property Transfer Tax applies to any purchase of second-hand real estate between private individuals, including garage spaces, storage rooms, and commercial premises located in the Valencian Community.

7. Can I request a refund if I paid 10% in previous months?

Unfortunately, this measure is not retroactive. The law applies according to the accrual date (the day of signing).

If you purchased before June 2026, you did so under the law in force at that time, and there is no right to a refund due to the subsequent change in regulations.

8. Why do I need a lawyer to settle these taxes?

The Generalitat Valenciana thoroughly reviews purchase values. An error in the self-assessment form or failing to apply the allowances correctly may lead to additional assessments and penalties.

At Antón & Associates Lawyers, we make sure that you pay the minimum amount legally possible with full legal certainty.

Are you going to buy a property in Torrevieja or the Vega Baja area?

Do not leave your taxes to chance. At Antón & Associates Lawyers, we are specialists in real estate taxation in Orihuela Costa, Guardamar, and Torrevieja. Contact us for a prior review of your transaction.

El Post: Buying Property in the Valencian Community se publicó y puedes verlo en: ANTÓN & ASOCIADOS LAWYERS

The legal landscape for foreigners in Spain has taken a definitive turn. As of 15 April 2026, the 2026 Extraordinary Immigration Regularization has been approved and published in the BOE, an exceptional process promoted by the Government that aims to respond to the administrative situation of thousands of people who are already part of our society.

At Antón & Asociados Abogados, as experts in immigration law, we are closely following this measure to offer you clear, up-to-date information and help you prepare your application with full guarantees from the very beginning.

What does this mass regularization consist of?

Unlike ordinary social integration procedures, this regularization is an exceptional mechanism that has already been approved, whose main objective is to promote the social and labour integration of foreign nationals in an irregular situation in Spain.

This measure makes it possible to obtain a residence and work authorization under more accessible conditions than the usual routes, while also helping to reduce the underground economy and improve the legal stability of applicants.

Key requirements to benefit from the process

The decree already approved sets out a series of fundamental criteria that must be met:

Administrative status

It is aimed exclusively at foreign nationals who are currently in Spain in an irregular situation.

Date of entry

It is essential to prove presence in Spanish territory before 1 January 2026.

Length of stay

A minimum period of stay of at least 5 months prior to the application is required.

It is important to highlight that the correct proof of these requirements will be decisive for the granting of the permit.

What benefits does this authorization offer?

One of the most relevant aspects of this regularization is the type of authorization granted.

People who meet the requirements may obtain a residence and work authorization with an initial duration of 1 year.

This permit allows you to work legally both:
• As an employee (employment contract)
• As self-employed (activity as a freelancer)

It is, therefore, a particularly flexible authorization adapted to different professional profiles.

Official deadlines: When can it be applied for?

The process is already underway and these are the key dates:

• 15 April 2026 → Official publication in the BOE
• 16 April 2026 → Start of online applications
• 20 April 2026 → Start of in-person applications

Given the expected volume of applications, acting quickly and submitting the documentation correctly from the outset will be essential to avoid delays.

How can I prepare?

Although the procedure is already open, preparation remains key to the success of the application.

It is advisable to gather and carefully review all documentation proving your stay in Spain, such as:
• Certificate of registration at the local town hall
• Bills or proof of consumption
• Medical reports
• Any other official document

At Antón & Asociados Abogados, we recommend not submitting the application without a prior review, since errors in this type of procedure may lead to requests for further information or even rejection.

Do you need personalised advice?

If you have doubts about whether you meet the requirements or want us to analyse your specific case, it is advisable to act as soon as possible.

At Antón & Asociados Abogados (Lawyer in Torrevieja), we are specialists in immigration and administrative law. If you are looking for a lawyer in Torrevieja to support you in this 2026 regularization process, we can help you prepare your application with legal certainty and maximise your chances of success.

Request your appointment with us and start building your legal future in Spain with full guarantees.

REQUEST YOUR APPOINTMENT HERE

El Post: Legal Residence in Spain: 2026 Extraordinary Immigration Regularization se publicó y puedes verlo en: ANTÓN & ASOCIADOS LAWYERS

The legal solution that allows foreign buyers to acquire property without being physically present at a Spanish notary is the Power of Attorney.

In this guide, we break down everything you need to know to purchase your property in the province of Alicante through legal representation—ensuring your investment is protected from start to finish.

What Is a Power of Attorney for Property Purchase?

A Power of Attorney (PoA) is a legal document that authorises a trusted individual—typically a lawyer specialised in immigration and property law—to act on your behalf in specific legal matters.

In the context of buying a property in Torrevieja or Alicante, the “grantor” (you, the buyer) gives authority to the “attorney-in-fact” (your lawyer) to sign the public deed before a Spanish notary. This document is fully legally valid and widely used by buyers from the UK, Poland, Belgium, and other countries seeking efficiency in the Spanish property market.

Required Documentation to Buy Property in Alicante with Power of Attorney

Purchasing property as a non-resident involves several bureaucratic requirements that must be strictly followed to avoid rejection by the Spanish Land Registry.

1. Power of Attorney Document (with Hague Apostille)

If the PoA is signed outside Spain (e.g., before a notary in Brussels, Warsaw, or Stockholm), it must meet two critical requirements:

• Hague Apostille: An international certification confirming the authenticity of the foreign notary’s signature. Without it, the document is not valid in Spain.
• Sworn Translation: If the PoA is not bilingual (Spanish + original language), it must be translated by a sworn translator authorised by the Spanish Ministry of Foreign Affairs.

2. NIE (Foreigner Identification Number)

It is impossible to buy property in Spain, pay taxes, or contract utilities without an NIE.

If you grant PoA to your lawyer, they can obtain the NIE on your behalf at the police station in Torrevieja or Alicante—saving you time, travel, and administrative delays (We can get your NIE in 2 days).

3. Certified Copy of Passport

The Spanish notary will require a full certified copy of the buyer’s valid passport to verify identity and comply with anti-money laundering regulations.

4. Proof of Source of Funds

Due to strict Spanish regulations, buyers must demonstrate the origin of funds (salary, property sale, savings, etc.). Your lawyer in Torrevieja or Orihuela Costa will manage this documentation to ensure both the bank and notary approve the transaction.

How to Draft a Power of Attorney That Avoids Notary Issues

One of the most common mistakes is presenting a PoA that is too generic. Notaries in the Valencian Community are very strict regarding the powers granted. To be effective, your PoA must specifically include:

• Purchase authority: Explicit authorisation to acquire a specific property or any property in Spain.
• NIE processing: Authority to request, collect, and manage your NIE.
• Bank account opening: To allow your lawyer to open an account in your name for taxes and utility payments.
• Tax handling: Authority to file and sign tax forms (e.g., Modelo 600 or Modelo 210).
• Utility contracts: Authority to sign contracts with utility providers (electricity, water, local taxes, etc.).

Pro Tip: We always draft PoAs in bilingual format. This ensures your local notary understands what you are signing and avoids delays or rejections in Spain.

Step-by-Step Process in the Province of Alicante. Buying Property in Alicante

If you choose legal representation for your purchase on the Costa Blanca, this is the process we follow:

1. Drafting: Our legal team prepares a tailored PoA draft.
2. Signing abroad: You sign before a local notary or Spanish Consulate.
3. Legalisation: The Hague Apostille is obtained (if required).
4. Courier delivery: The original document is sent to our offices in Torrevieja or Alicante.
5. Verification & preparation: We review the document and arrange the Spanish notary appointment.
6. Completion: Your lawyer signs the deed on your behalf and collects the keys.
7. Post-completion: We handle tax payments and register the property in your name.

Costs and Taxes in the Valencian Community (2026)

Buying through a Power of Attorney does not change taxes, but understanding them is essential:

• Transfer Tax (ITP): Typically 10% for resale properties.
• VAT + Stamp Duty (AJD): 10% VAT + 1.5% AJD for new builds.
• Notary & Land Registry Fees: Usually between €600 and €1,800 depending on the property value.
• Legal fees: Cost of legal representation and PoA processing.

As a non-resident, you are also required to file the Non-Resident Income Tax (Modelo 210) annually—this can also be handled by your legal representative.

Common Mistakes When Buying Property Remotely (and How to Avoid Them)

Based on our experience in foreign client services in Alicante, these are the most common pitfalls:

1. Missing “self-contracting” clause: Essential when your lawyer needs to act in technically conflicting roles.
2. Expired PoA: Ensure your document remains valid until completion.
3. Incorrect personal details: Even a minor typo in your name or passport number can invalidate the document.
4. Lack of local knowledge: Each town hall and registry has its own requirements—local expertise speeds up the process significantly.

Why Choose a Local Lawyer in Torrevieja / Orihuela Costa?

For many buyers, this is the most important investment of their lives. Doing it remotely requires complete trust. A specialised law firm does far more than just sign documents:

• Verifies the property is free of debts or legal charges
• Confirms urban planning compliance (Habitation Certificate)
• Ensures the seller is the rightful owner

Conclusion: Security and Convenience for Your Investment

Buying property in Alicante using a Power of Attorney is the smartest and most efficient way to enter the Spanish real estate market stress-free. It allows you to act quickly in a competitive market where the best opportunities in Torrevieja can disappear within days.

Are you considering investing in the Costa Blanca but unable to travel for completion? Our law firm specialises in assisting foreign clients. We handle your Power of Attorney, obtain your NIE, and ensure your property purchase is smooth, secure, and fully compliant.

Contact us today for an initial consultation and discover how you can obtain the keys to your property in Spain—without leaving your home.

El Post: Buying Property in Alicante with Power of Attorney: A Complete Guide for Foreign Investors se publicó y puedes verlo en: ANTÓN & ASOCIADOS LAWYERS

Let’s be honest.

No — Spanish law does not require you to hire a lawyer to buy property. Nor in Torrevieja…

But here’s the real question:

• Why would you risk one of the biggest investments of your life without one?

Who Actually Protects You in a Property Transaction?

Many buyers assume:

• The estate agent helps them
• The notary checks everything

Reality:

• The agent wants to close the deal
• The notary ensures legality, not your protection
• Neither is responsible for defending your interests.

What a Property Lawyer Really Does

A good lawyer works exclusively for you.

Their role includes:

• Verifying ownership
• Checking debts and charges
• Ensuring the property is legally registered
• Reviewing contracts line by line
• Preventing abusive clauses
• In short: they eliminate risk.

Real Risks of Buying Without a Lawyer

This is where things get serious.

We’ve seen cases where buyers:

• Inherited unpaid debts
• Bought properties with illegal extensions
• Lost deposits due to unclear contracts
• Faced legal disputes after purchase
• All of these could have been avoided.

Is Hiring a Lawyer Expensive?

In most cases:
> Around 1% of the property price

Compare that with:

• Potential losses
• Legal disputes
• Stress and uncertainty
• It’s not a cost — it’s protection.

Why Foreign Buyers Are at Higher Risk

If you’re not from Spain, the risks multiply:

• Language barriers
• Different legal systems
• Lack of local knowledge
• This is exactly why legal guidance becomes even more important.

Conclusion

Can you buy property without a lawyer?

• Yes.

Should you?

• Only if you’re willing to take unnecessary risks.

If you want a safe, transparent process:

• Work with an English-speaking lawyer in Torrevieja who specializes in property transactions for foreigners

SOURCE: ENRIQUE ANTÓN | ANTÓN & ASOCATES LAWYERS

El Post: Do You Need a Lawyer to Buy Property in Spain? (Honest Answer) se publicó y puedes verlo en: ANTÓN & ASOCIADOS LAWYERS

Inheritance Law in Spain > Most foreigners assume inheritance works the same everywhere.

It doesn’t.

Spain has its own legal structure — and if you don’t plan properly, your family could face delays, taxes, and even legal disputes after you’re gone.

Let’s break it down clearly.

Which Law Applies to Your Inheritance?

One of the most confusing aspects is this:

• Can you apply your home country’s law?

Yes — but only if you explicitly state it in your will.

If you don’t:
> Spanish law will apply by default.

And that can completely change how your assets are distributed.

Forced Heirs (A Key Difference from Other Countries)

Spain protects certain family members through “forced heirship”.

This means:

• Children are legally entitled to a portion
• You cannot freely distribute all your assets

For many expats, this is unexpected — especially if they come from countries with full testamentary freedom.

Inheritance Tax in Spain (And Why Location Matters)

Inheritance tax varies depending on the region.

In the Valencia region:

• There are reductions and allowances
• But the system is still complex
• Two people inheriting the same amount can pay very different taxes depending on their situation.

What Happens to Property After Death?

Property is not automatically transferred.

Your heirs must:

1. Accept the inheritance
2. Pay the corresponding taxes
3. Register the property in their name
4. Without proper planning, this process can take months — even years.

Common Problems Expats Face

• No Spanish will
• Conflicts between international wills
• Unexpected tax liabilities
• Family disputes due to unclear instructions
• These are not rare cases — they happen every day.

Conclusion

If you own assets in Spain, planning your inheritance is not optional.

• It’s essential.

The smartest move is to:

• Speak with a lawyer in Torrevieja specialised in inheritance law for expats and make sure everything is legally structured.

SOURCE: ENRIQUE ANTÓN | ANTÓN & ASOCIATES LAWYERS

El Post: Inheritance Law in Spain Explained for Expats se publicó y puedes verlo en: ANTÓN & ASOCIADOS LAWYERS

How to Buy Property in Spain as a Foreigner > Buying property in Spain is one of those life decisions that feels exciting… until the paperwork starts.

Every week, we see foreign buyers who thought the process would be simple — only to discover hidden debts, unclear contracts, or unexpected taxes halfway through.

The reality?
Spain is safe for property investment… but only if you understand the legal process properly.

Let’s walk through it step by step — exactly as a lawyer would explain it to a client.

Step 1:

Get Your NIE Number (Your Legal Identity in Spain)

The NIE is not just a number — it’s your legal identity in Spain.

Without it, you literally cannot:

• Buy property
• Pay taxes
• Open a bank account
• Sign before a notary

Many buyers underestimate this step and leave it for later, which delays the entire purchase.

Practical tip:
Apply as early as possible. In some areas, it can take weeks — even months.

Step 2:

Open a Spanish Bank Account (Avoid Costly Mistakes)

Technically, you can buy property using a foreign account.
Practically? It’s a bad idea.

Why?

Because you’ll need to:

• Pay taxes locally
• Set up utilities
• Handle ongoing expenses

Using a Spanish bank account simplifies everything and avoids unnecessary fees or delays.

A lawyer can often help you set this up quickly.

Step 3:

Hire an Independent Lawyer (This Is Where Deals Go Right… or Wrong)

This is the turning point.

A good independent lawyer will:

• Check if the property has debts or charges
• Verify that the seller is the legal owner
• Ensure there are no urban planning issues
• Review every clause in the contract

Without this step, you are essentially buying blind.

Important:
Never rely on the estate agent or the seller’s lawyer.
They are not legally obligated to protect you.

Step 4:

Reservation Contract (Small Payment, Big Responsibility)

At this stage, you pay a small deposit (often €3,000–€6,000) to reserve the property.

Sounds simple — but this document matters.

If it’s poorly written:

• You could lose your deposit
• You may be forced into conditions you didn’t expect

A lawyer should always review this before you sign.

Step 5:

Private Purchase Contract (Where the Real Commitment Begins)

Now things get serious.

You usually pay around 10% of the property price, and both parties agree on the final terms.

This contract should clearly define:

• Completion date
• Payment structure
• Penalties if either party withdraws

This is not just paperwork — it’s legally binding.

Step 6:

Completion at the Notary (The Final Step)

This is the moment where ownership officially changes hands.

At the notary:

• You sign the deed (escritura)
• The final payment is made
• The property is transferred to your name

The notary ensures legality — but does NOT protect your personal interests.

That’s your lawyer’s job.

Step 7:

Taxes & Additional Costs (Often Underestimated)

Many buyers focus only on the property price — and forget the extras.

Expect:

• 10–13% in additional costs
• Transfer tax (ITP) or VAT
• Notary and registry fees
• Legal fees

Underestimating this is one of the most common financial mistakes.

Common Mistakes Foreign Buyers Make

After years working with expats, these come up again and again:

• Buying without legal advice
• Signing contracts, they don’t fully understand
• Not checking debts or legal status
• Trusting verbal promises instead of written terms

Most problems don’t come from Spain — they come from skipping due diligence.

Conclusion

Buying property in Spain is not risky.

• Doing it without proper guidance is.

If you want the process to be smooth, transparent, and legally secure:

• Work with an English-speaking property lawyer in Torrevieja who understands exactly what foreign buyers need.

Consult the law firm Antón & Asociados. They have over 15 years of experience assisting foreign clients in Torrevieja.

SOURCE: ENRIQUE ANTÓN | ANTÓN & ASOCIATES LAWYERS

El Post: How to Buy Property in Spain as a Foreigner (Step-by-Step Guide 2026) se publicó y puedes verlo en: ANTÓN & ASOCIADOS LAWYERS

Imagine this: You’ve spent twenty years enjoying the salt-breezes and the pink lagoons of Torrevieja. You’ve built a life, bought a beautiful villa in Los Balcones or a frontline apartment in La Mata, and you feel at home. Then, the unthinkable happens.

A spouse passes away. Suddenly, that “home” feels like a legal fortress. You’re grieving, but the Spanish Tax Agency doesn’t wait. The notary’s office is intimidating, and the 6-month clock for inheritance tax is already ticking.

I’ve sat across the desk from hundreds of families in this exact position. Over two decades in the Costa Blanca, I’ve seen the same look of shock when I tell a grieving widow that her joint bank account is frozen, or a son that he might owe more in Spanish inheritance tax than he anticipated because of a missing paperwork detail.

Inheritance law in Spain is not just a different language; it’s a different legal universe. If you are a foreigner living in or owning property in Torrevieja, “winging it” is a recipe for a financial and emotional disaster.

The Conflict of Laws: Who Actually Regulates Your Estate?

One of the biggest misconceptions I encounter is the belief that because you are British, German, or Scandinavian, your “home” laws automatically follow you to Spain. They don’t—at least not without a fight.

Since 2015, the EU Succession Regulation (650/2012), often called “Brussels IV,” has governed these waters. The default rule is that the law of the country where you were “habitually resident” at the time of death applies to your entire estate.

If you live in Torrevieja full-time, Spanish law applies by default. Why does this matter? Because Spanish law includes “forced heirship.” In Spain, you cannot simply leave everything to your spouse and disinherit your children. The law mandates that a significant portion of your estate goes to your “legal heirs” (descendants).

The Solution: You must explicitly state in a Spanish Will that you choose the law of your nationality to govern your succession. I tell my clients this every single day: If you haven’t updated your Will since moving to the Costa Blanca, you are leaving your family’s future to a default legal system that might contradict your actual wishes.

The Torrevieja Reality: A Case of Two Wills

Let’s look at a real-world scenario I handled recently. “John and Mary” were a retired couple from Manchester living in Ciudad Quesada. John passed away suddenly. They had a UK Will leaving everything to each other, but no Spanish Will.

Because there was no Spanish Will, we had to go through a grueling process:

1. Obtaining the UK Grant of Probate.
2. Getting the UK Will translated by a sworn translator (Traductor Jurado).
3. Affixing the Apostille of the Hague to every document.
4. Proving to a Spanish Notary what the English law said at the time.

It took nine months. By then, the 6-month deadline for the Modelo 650 (Inheritance Tax return) had passed, and the family was hit with surcharges and interest.

The Lesson: Have a separate Spanish Will for your Spanish assets. It doesn’t invalidate your UK or home-country Will; it sits alongside it. It makes the process at the Torrevieja notary fast, clean, and significantly cheaper.

Understanding the 6-Month Deadline (The “Tax Trap”)

In Spain, the taxman is remarkably impatient. You have exactly six months from the date of death to settle the Inheritance Tax (Impuesto de Sucesiones y Donaciones).

Many foreigners assume that because they are still mourning or because the “Probate” isn’t finished back home, they can wait. You cannot. If you miss the six-month mark, you lose the right to certain regional tax bonuses and face automatic penalties.

The “Valencia Bonus”

We are fortunate in Torrevieja because we fall under the Comunidad Valenciana regulations. As of late 2023, the regional government introduced a 99% allowance on inheritance tax for spouses, children, and parents.

However, this isn’t “automatic” in the sense that you can just ignore it. You still have to file the tax forms, even if the result is €0 to pay. Furthermore, if you aren’t a resident or if the deceased wasn’t a resident, the paperwork becomes a labyrinth of “State law” vs. “Regional law” that requires a specialist to navigate.

The Forced Heirship Headache

I once had a client, a gentleman from Germany, who wanted to leave his apartment in Torrevieja entirely to a local charity, bypassing his estranged children. Under Spanish “forced heirship” (Las Legítimas), this would be impossible if he died as a resident without a specific “Choice of Law” clause in his Will.

In Spain, the estate is generally divided into thirds:

1. The Strict Third (Legítima estricta): Must go to children in equal shares.
2. The Improvement Third (Mejora): Must go to children/descendants but can be distributed unequally.
3. The Free Disposal Third: You can leave this to anyone.

For most expats, this is a nightmare. You likely want your spouse to be fully protected. To achieve that, your Spanish Will must be drafted with surgical precision to invoke your national law, effectively “opting out” of the Spanish thirds.

Common Pitfalls I’ve Seen in 20 Years

After two decades in the courts of Torrevieja and Orihuela, I’ve seen it all. Here are the mistakes that keep me busy (and your family broke):

• The Frozen Bank Account: In Spain, when one joint account holder dies, the bank will typically freeze 50% of the account until the inheritance tax is cleared. If all your money is in that one account, the surviving spouse can’t even pay for the funeral or the electricity bill. Always keep a separate account in your individual name.
• The “Double Taxation” Myth: People think they only pay tax in one country. While there are treaties to avoid double taxation, you almost always have to file in both, even if it’s just to claim a credit.
• Ignoring the “Plusvalía”: This is a local municipal tax on the increase in land value. Even if you pay zero Inheritance Tax to the region, the Torrevieja Town Hall (Ayuntamiento) will still want their slice of the Plusvalía.
• The NIE Nightmare: Every beneficiary needs a NIE (Foreigner Identification Number). If your kids are back in Sweden or Ireland and don’t have NIEs, you cannot finish the inheritance. Getting a NIE appointment in Torrevieja can be like winning the lottery—you need to start this process the week someone passes away.

A Practical Checklist for Foreign Property Owners in Torrevieja

If you own property here, do these five things tomorrow:

1. Draft a Spanish Will: If you already have one, check it for the “Brussels IV” clause. If it doesn’t mention your national law, it’s outdated.
2. Organize Your Title Deeds (Escritura): Know where they are. Searching for lost deeds while grieving is a burden your children don’t need.
3. Check Your Life Insurance: Does it pay out in Spain? Is it enough to cover the “Plusvalía” and legal fees?
4. Nominate a Representative: Have a lawyer in Torrevieja who already knows your file. When the time comes, your family can simply make one phone call.
5. Review your Residency Status: Are you a resident (Padrón/Residencia card) or a non-resident? This changes which tax laws apply to you and your heirs.

Frequently Asked Questions

“I have a Will in my home country. Isn’t that enough?”

Technically, it can be used, but it’s a legal nightmare.

It requires international legalizations, expensive translations, and a Spanish notary who is willing to interpret foreign law.

A Spanish Will costs very little and saves thousands in the long run.

“What is the tax rate if I leave my house to a friend instead of a relative?”

In the Valencian Community, the 99% discount is for “Group I and II” (close family).

If you leave property to a friend or a nephew, the tax can be very high—sometimes up to 34% or more, depending on the value and the “pre-existing wealth” of the person receiving it.

“Does the Spanish government take the house if I don’t have a Will?”

Eventually, if there are no legal heirs at all, yes.

But more likely, it will go to your “legal heirs” according to Spanish law, which might be children you haven’t spoken to in years rather than the partner you’ve lived with for decades.

“How long does the whole process take?”

If you have a Spanish Will and all the paperwork is in order, we can usually settle everything in 3 to 4 months.

If we have to chase documents from abroad, it can take a year or more.

Why Experience Matters

I’ve spent 20 years navigating the winding corridors of the Torrevieja tax office and the local notaries. I’ve seen laws change, tax benefits appear and disappear, and families torn apart by avoidable legal errors.

Spanish inheritance isn’t something you should handle with a “template” or a generic online guide.

It requires a human touch—someone who knows that a Notary in Torrevieja might interpret a clause differently than one in Madrid.

It requires an advocate who understands that behind every “file” is a person trying to honor the legacy of a loved one.

Don’t leave your family with a legal puzzle they can’t solve. Let’s get your affairs in order while you’re still enjoying the Costa Blanca sunshine.

Are you worried about your current Will or unsure how Spanish inheritance tax affects your family?

Contact our expert legal team in Torrevieja today for a comprehensive review of your estate planning. We speak your language and understand your concerns.

We can help you.

Call us.

CALL US

El Post: Navigating Spanish Inheritance: A Guide for Expats in Torrevieja se publicó y puedes verlo en: ANTÓN & ASOCIADOS LAWYERS

what if we bought a property here?

Torrevieja has become one of the most popular destinations in Spain for international buyers. British, Scandinavian, German, Belgian and Dutch investors have been purchasing properties here for decades. In recent years, the interest has increased even more as remote work and lifestyle changes have encouraged many people to relocate or invest abroad.

However, buying property in Spain is not always as straightforward as it may seem. The legal system, administrative procedures and taxes can be quite different from those in many other countries. For foreign buyers who are unfamiliar with Spanish regulations, the process can quickly become confusing.

This is why working with an experienced lawyer during the purchasing process is strongly recommended. A qualified solicitor in Torrevieja can guide foreign buyers through the legal steps and ensure that every part of the transaction is completed safely and correctly.

In this guide, we explain the essential legal steps every foreigner should understand before buying property in Torrevieja, helping you protect your investment and avoid common mistakes.

Why Torrevieja Is So Attractive for Foreign Property Buyers

Torrevieja is located on the southern Costa Blanca in Alicante province. Over the past three decades, the city has transformed from a small fishing town into one of the most international coastal cities in Spain.

One of the main reasons foreigners choose Torrevieja is the climate. With more than 300 days of sunshine per year, the area offers an ideal lifestyle for retirees, remote workers and holiday homeowners.

Property prices are also relatively accessible compared to other Mediterranean destinations. Buyers can still find apartments, townhouses and villas at prices considerably lower than in places such as Marbella or Ibiza.

Accessibility is another advantage. Alicante International Airport is located less than an hour away and offers regular flights to most major European cities.

Perhaps just as important is the strong international community. Many services — including healthcare, real estate agencies and legal professionals — are available in English and other languages.

Despite these advantages, the process of purchasing property requires careful legal attention. An experienced lawyer in Torrevieja can ensure that every step of the transaction is completed properly.

Step 1: Obtain a NIE Number

Before purchasing property in Spain, every foreign buyer must obtain a NIE number (Número de Identidad de Extranjero).

This identification number is required for nearly all financial and legal transactions in Spain.

You will need a NIE number to:

• Purchase property
• Open a Spanish bank account
• Pay taxes
• Sign legal documents
• Register utilities and services

Without this number, it is impossible to complete a property purchase.

A solicitor familiar with the local procedures can assist you in obtaining the NIE quickly and correctly, either in Spain or through a Spanish consulate abroad.

Step 2: Open a Spanish Bank Account

Although it is technically possible to purchase property using a foreign bank account, in practice most buyers open a Spanish bank account to simplify the process.

A local account allows you to:

• Transfer the purchase funds securely
• Pay property taxes
• Manage community fees
• Set up payments for electricity and water
• Handle ongoing expenses related to the property

A lawyer assisting with your purchase will often help coordinate this step and ensure that the transfer of funds complies with Spanish financial regulations.

Step 3: Work with an Independent Legal Professional

One of the most important decisions foreign buyers can make is hiring an independent legal professional to represent their interests.

Estate agents sometimes recommend lawyers, but it is always advisable to choose someone who works exclusively on behalf of the buyer.

A qualified lawyer in Torrevieja will carry out a series of legal checks before you commit to the purchase.

These checks normally include verifying:

• The legal ownership of the property
• Whether there are outstanding mortgages or debts
• If the property has unpaid community fees
• Whether the property is correctly registered
• If the building complies with urban planning regulations

These investigations are essential to ensure that there are no hidden legal problems attached to the property.

Step 4: The Reservation Agreement

After selecting a property, the seller or estate agent will usually ask the buyer to sign a reservation agreement.

This document temporarily removes the property from the market while the legal checks are completed.

A reservation deposit is typically required, usually between €3,000 and €10,000.

However, the terms of this agreement should always be reviewed carefully.

A solicitor in Torrevieja can confirm that:

• The deposit is properly protected
• The conditions for refund are clearly defined
• The property cannot be sold to another buyer during the reservation period

This step ensures that the buyer has time to complete the legal investigations before proceeding further.

Step 5: Legal Due Diligence

Before signing any binding contract, a full legal investigation must be carried out.

A lawyer handling the transaction will verify several important aspects of the property.

One of the first checks involves the Property Registry (Registro de la Propiedad). This confirms:

• The identity of the legal owner
• Any mortgages or financial charges on the property
• The official property description
• Registration details and boundaries

Another verification involves the Cadastral Registry, which contains technical information about the property.

An experienced solicitor will also confirm that the property complies with local urban planning rules and that no planning violations exist.

Step 6: Signing the Private Purchase Contract

Once the legal checks have been completed successfully, the buyer and seller usually sign a private purchase contract, known in Spain as the Contrato de Arras.

At this stage, the buyer typically pays 10% of the purchase price.

This contract formally commits both parties to completing the transaction.

It normally includes:

• The agreed purchase price
• The completion date
• Penalties if either party withdraws
• Conditions regarding the property transfer

Before signing the contract, a lawyer in Torrevieja will carefully review all clauses and explain the legal implications to the buyer.

Step 7: Completion at the Notary

The final stage of the property purchase takes place before a Spanish notary.

During this appointment, the official property deed — known as the Escritura Pública — is signed.

The notary verifies:

• The identities of the buyer and seller
• The legality of the transaction
• The accuracy of the property documentation
• The payment method used

Once the deed is signed and payment has been made, the property ownership is officially transferred.

Although the notary supervises the legal validity of the transaction, they remain neutral. For this reason, having a solicitor in Torrevieja present during the signing is highly recommended.

Step 8: Taxes and Costs When Buying Property in Spain

One of the most important aspects foreign buyers must understand before purchasing property in Spain is the taxes and additional costs involved in the transaction.

Many buyers focus only on the property price, but the real cost of purchasing property includes several taxes and legal expenses that must be paid during the process.

In general, buyers should expect the total additional costs to range between 10% and 13% of the purchase price, depending on the type of property.

The exact taxes depend on whether the property is a resale property or a newly built property purchased directly from a developer.

Taxes for Resale Properties

If you are buying a resale property, the main tax you will pay is the Property Transfer Tax (ITP).

In the Valencian Community, where Torrevieja is located, this tax is usually 10% of the purchase price.

This tax is paid to the regional government after the purchase is completed and must be settled within the required legal timeframe.

Taxes for Newly Built Properties

If you purchase a new property directly from a developer, a different tax system applies.

Instead of Property Transfer Tax, buyers must pay Value Added Tax (VAT / IVA), which is currently 10% of the purchase price. This amount is paid directly to the developer as part of the purchase.

In addition to VAT, buyers must also pay Stamp Duty (AJD), which in the Valencian Community is generally around 1.5% of the purchase price.

These taxes apply to new developments such as newly constructed apartments, villas or residential projects sold for the first time by the developer.

Notary, Registry and Legal Fees

Besides taxes, buyers must also consider several administrative costs involved in the purchase process.

These include Notary Fees

The notary supervises the signing of the title deed and certifies the legality of the transaction. These costs usually range between €600 and €1,200, depending on the property value.

Property Registry Fees

Once the purchase is completed, the property must be registered in the buyer’s name at the Property Registry. Registry costs usually range between €400 and €800.

Legal Fees

Professional legal assistance is strongly recommended when purchasing property in Spain. Legal fees for a lawyer in Torrevieja normally range between 1% and 1.5% of the purchase price, depending on the complexity of the transaction.

Working with an experienced solicitor in Torrevieja ensures that all taxes are paid correctly and that the property is properly registered in the buyer’s name.

Planning Your Budget

Understanding the taxes and costs of buying property in Spain is essential for planning your investment properly.

Many foreign buyers underestimate these additional expenses, which is why professional legal advice can help avoid surprises during the purchasing process.

A qualified legal professional can calculate the exact taxes and guide you through each payment required to complete the transaction safely.

Step 9: Registering the Property

After signing at the notary, the property must be officially registered in the buyer’s name.

A solicitor will handle this process, ensuring that:

• All purchase taxes are paid
• The property is correctly registered
• All legal documents are properly submitted

Once registration is completed, the buyer becomes the official legal owner of the property in Spain.

Common Mistakes Foreign Buyers Should Avoid

Buying property abroad can be exciting, but rushing the process can lead to serious problems.

Some common mistakes include:

• Signing contracts without legal advice
• Not verifying property debts
• Failing to understand tax obligations
• Underestimating total purchase costs
• Relying on verbal promises instead of written agreements

These risks can almost always be avoided with professional legal guidance.

An experienced lawyer overseeing the transaction ensures that everything proceeds smoothly and securely.

The Importance of Professional Legal Assistance

Spanish property law can appear complicated to foreign buyers, particularly for those unfamiliar with the administrative procedures.

A professional solicitor in Torrevieja provides essential guidance throughout the entire purchase process.

Their services typically include:

• Legal property checks
• Contract review and negotiation
• Tax calculation and payment
• Representation at the notary
• Property registration
• Post-purchase assistance

With the right legal support, the entire process becomes far simpler and far less stressful.

Food for thought

Torrevieja remains one of the most attractive property markets on the Costa Blanca. Its climate, lifestyle and international atmosphere continue to attract buyers from across Europe.

But purchasing property abroad should never be rushed. Understanding the legal process and working with experienced professionals is the best way to protect your investment.

A knowledgeable lawyer in Torrevieja can guide you from the first legal checks all the way to the final registration of the property.

Thinking About Buying Property in Torrevieja?

If you are considering purchasing property in Torrevieja, obtaining professional legal advice early can save you time, stress and unexpected costs.

A qualified solicitor in Torrevieja can help you:

• Verify the property before purchase
• Review contracts and legal documentation
• Protect your deposit
• Handle taxes and registration
• Ensure the entire transaction is legally secure

Do not take unnecessary risks when investing in property abroad.

Speak with an experienced lawyer in Torrevieja today and ensure your property purchase in Spain is safe, transparent and fully protected.

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