Note
Buying property in Spain after Brexit
Quick answer
The right to buy did not change. Stays, residence and the treatment of British nationals in some special rules did: they are now third-country nationals, visits follow the short-stay limit, residence needs a visa or permit unless held before 2021, and non-resident tax uses the higher rate for non-EU owners.
Applies toBritish buyers comparing their position with the situation before Brexit.
On this page: 9 sections
§ 1What did not change
The right to buy a home in Spain is open to foreigners, and Brexit did not change it. The legal process is the same: identity number, independent lawyer, checks, deed before the notary, taxes, registration. The chapter in the chapter on British buyers sets out the whole picture, and this page concentrates on what changed.
§ 2Status for stays
Before Brexit, British citizens enjoyed free movement. Now they are treated as third-country nationals. The UK government states the consequence for visits: up to 90 days in any 180-day period without a visa, with visits to other Schengen countries counting. The rule is explained in more on the 90/180 rule for British owners. It also states that time spent under a residence permit or long-stay visa does not count towards the visa-free limit.
§ 3Residence
People who moved to Spain before 1 January 2021 and have lived there legally since have rights under the Withdrawal Agreement, and the UK government says the TIE is the only valid residency document listed in that agreement. People who move now need a visa or permit. The UK government adds that the embassy cannot help with applications. More on residency after Brexit explains the position and the routes.
§ 4Restricted zones
Some areas of Spain, including parts of coasts and borders, are subject to defence-related restrictions on property purchase. Nationals of EU member states are outside them. After Brexit, British citizens fall in the other group and need military authorisation in restricted zones, which notaries and registrars check. The chapter for non-EU buyers explains how to check a property.
§ 5Tax
The tax position of a British owner depends on tax residence, not nationality. A UK resident owner is a non-resident for Spanish tax purposes. Since the UK is no longer in the EU, UK residents fall in the group of non-EU residents for the rate on property income, which is higher than for EU residents. The costs section lists the rate and the returns. The UK-Spain agreement continues to apply, as more on the UK-Spain tax treaty explains.
§ 6Practical effects
Owners who spent long periods in Spain under free movement must now plan around the short-stay limit or hold a permit. Owners should keep a record of their days and check their passport. Buyers who planned to retire to Spain should look at the visa routes before they buy.
§ 7What to ask
Ask your lawyer about restricted zones. Ask your tax adviser about the rate and the filings. Ask an immigration lawyer, or the consulate, about the route you need. And keep your documents together.
§ 8Where to check
Official pages change, so confirm the point that matters to you on the source before you act, and keep a dated copy of what you read. Where a page here says we did not read a text, ask your adviser to read it for you.
§ 9More on this topic
More on buying as a UK resident explains what a UK-based buyer should plan for.
FAQRelated questions
What stayed the same?
The right to buy property, the buying process, the role of the notary and the registry, and the double taxation agreement between the UK and Spain. The purchase itself works as it does for any foreign buyer.
What changed most?
Time in Spain. Without a visa or permit, a British visitor is bound by the short-stay rule, and living in Spain needs a visa or permit. Before Brexit, free movement allowed residence by registration.
Do I pay more tax now?
Since the UK left the EU, an owner living in Britain falls into the higher band for rental profit. Nothing changes for the purchase taxes, which depend on the home and region. Rates and returns are covered in the costs section.
Sources
- Agencia Tributaria: Rental income of non-residents: specific questions on property (official source, opens in a new window), Rates, gross base, deductible expenses, imputed income for unlet monthsLast checked 17 October 2026
- Boletín Oficial del Estado: Ley 8/1975 de zonas e instalaciones de interés para la Defensa Nacional (official source, opens in a new window), Disposición adicional (nationals of EU member states)Last checked 17 October 2026
- 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
- UK Foreign, Commonwealth & Development Office: Spain travel advice: entry requirements (official source, opens in a new window), Short stays, passport rules, staying longerLast checked 17 October 2026
- UK Government: Living in Spain (official source, opens in a new window), Residence documents, visas, tax and declaring assetsLast 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.