Section
The buying process
Quick answer
A foreigner can buy property in Spain. A purchase runs from choosing and checking a property, through a reservation and a notarial deed, to paying the regional tax and registering the title. The six chapters below take each decision in turn.
Applies toAnyone considering a home in Spain, whatever their nationality or country of residence. The rules that depend on nationality, region or tax status are flagged on each page.
On this page: 5 sections
§ 1The order of a purchase
Spanish registrars describe a purchase in five steps: finding the right home, signing the contract, paying the taxes, registering the property and understanding the costs. The notary is central to the second step, and the notaries' council advises buyers to ask for the notary's advice before they sign any document or hand over any money.
The sequence matters because each step protects the next one. A buyer who pays a deposit before checking the registry entry has already committed money without knowing what the property carries. The chapter on buying step by step sets out the sequence with its checks, and whether foreigners can buy answers the first question most readers ask.
§ 2Deciding whether and why
Before the mechanics comes the decision. Whether to buy now weighs the arguments for and against, the question of timing and the case for renting first. The purpose of the purchase then shapes everything that follows, and buying a second home compares a holiday home, a retirement home and a home to live in.
§ 3How and what to buy
Two choices remain. The first is who appears on the deed and how the property is held, which ways to buy explains for couples, friends, families and companies. The second is whether to buy a home that has already been lived in or one that is new or still to be built, and new build or resale sets out the different checks and protections.
§ 4What this section does not cover
Taxes and costs, the legal checks on a property, mortgages, residency and the choice of region each have their own section, because each depends on rules that are set separately. This section stays with the purchase itself, and tells you where another section takes over.
§ 5How to read this section
Read the chapters in the order they appear if you are starting from nothing, and jump to the one you need if you already have a plan. Each chapter opens with a short answer and says who it applies to, and each links to the short notes that deal with one question in detail. If you only have a few minutes, read the step-by-step chapter first, because it shows where every other question fits.
Every figure and rule on these pages is dated and traced to an official source, and the pages list the sources at the end. Where a rule is proposed and not yet law, the page says so. Where we could not verify something, we leave it out and say that we did.
FAQRelated questions
Do I need a Spanish bank account before I start?
Not to begin looking, but you will want one before you sign. Most buyers open an account to pay bills and, often, to move the purchase money through. Banks set their own opening rules, and a non-resident account can take time, so ask early.
Does the notary act as my lawyer?
No. The notary is impartial and informs both parties equally, so the notary does not take your side in a negotiation. A lawyer who acts for you alone fills a different role, and should have no link to the seller or the agent.
Can I choose the notary, or does the seller choose?
You can choose. The notaries' council says buyers may pick their own notary, and this holds even when the seller is a developer that proposes its own. Whoever is chosen, the notary's duty is the same: to inform both sides.
Sources
- Boletín Oficial del Estado: Real Decreto 689/1978, Reglamento de la Ley 8/1975 (official source, opens in a new window), Articles 32, 37, 40, 41, 79 to 82Last checked 17 October 2026
- Consejo General del Notariado: Houses and real estate properties (official source, opens in a new window), Steps, documents and the notary's roleLast checked 17 October 2026
- Colegio de Registradores de España: Cómo comprar una vivienda en España (edición revisada, February 2020) (official source, opens in a new window), The five steps, nota simple, taxes and costsLast checked 17 October 2026
Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.