Note

Restricted zones for foreign buyers in Spain

§ 1The law

Law 8/1975 on zones and installations of interest for national defence, and its regulation approved by Royal Decree 689/1978, set limits on certain acts in zones defined for defence. The law has a provision that natural persons who are nationals of an EU member state are outside the restrictions. The regulation sets the process for others: military authorisation in restricted zones, which notaries and registrars check. This page belongs to the chapter in non-EU buyers in detail.

§ 2Who is affected

The people affected are those who are not EU nationals. That includes British, American, Canadian and Australian citizens, among others. Citizens of EU states are outside the restrictions. Citizens of EEA states that are not EU members should check their position, since the provision we read refers to EU member states.

§ 3What the zones are

The zones are areas near defence installations, borders and parts of the coast. Their location is set by the authorities and published. We do not list them, because maps and lists change and we could not read a current official list. Ask your lawyer to check the specific property.

§ 4Authorisation

A person who needs authorisation applies to the military authority, through the process the regulation sets. The notary and the registrar check that the authorisation exists. The timing can be long, so apply early, and make the purchase conditional on it. We do not state processing times, which vary.

§ 5When to check

Check before you pay a deposit. The reservation and private contract should say that the purchase depends on the authorisation, where it is needed. A buyer who pays first and finds out at the notary risks losing the deposit or the property.

§ 6What the notary and registrar do

The notary checks the requirement when the deed is prepared, and the registrar checks it again at registration. A deed signed without the needed authorisation can be refused registration, which leaves the buyer exposed. The registration steps are in the legal-process section.

§ 7If you inherit or are given a home

Restrictions can also matter when a property comes by gift or inheritance rather than purchase. Ask the notary early, since the rules on authorisation are applied by the same officials, and do not assume that family ties remove the requirement.

§ 8Practical steps

Ask your lawyer to confirm in writing whether the property is in a restricted zone and whether you need authorisation. Ask for the process and a timeline. Build the condition into the contract. And keep a copy of the authorisation with the deed. The tax side of being a non-EU buyer is in more on tax differences for non-EU buyers.

§ 9Where 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.

Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.