Spain · Off-plan & resale

Houses and property for sale in Spain: buy off-plan or resale

Houses, villas and apartments for sale in Spain, from Marbella to Valencia, with the taxes and protections foreign buyers face.

Property for sale in Spain attracts a wide international buyer base: second-home owners on the Costa del Sol and Costa Blanca, families relocating to Madrid, Valencia or Barcelona, and investors comparing Spain real estate with other European and Gulf markets. Whether you are looking at villas for sale in Spain or apartments for sale in a city, there are two routes in: off-plan, buying a new home from a developer before it is finished, or resale, buying an existing home from its owner.

The rule that shapes the budget is tax, and it depends on the route. A new home bought from the developer pays 10% VAT (IVA) plus a regional stamp duty (AJD), while a resale home pays regional transfer tax (ITP) instead, and each autonomous community sets its own rate. There is no general ban on foreigners buying, but every buyer needs an NIE, and since Brexit British buyers are treated as non-EU.

Natalie advises international buyers who are comparing Spain with Dubai and other markets. She can walk through the difference between an off-plan and a resale purchase in a given region, the tax and ownership points to raise with a Spanish lawyer, and will come back with what is available on request for anyone planning to buy property in Spain. That includes which region's tax rate applies, whether an off-plan guarantee certificate is in order, and where the stalled 100% tax proposal stands for a non-EU buyer.

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Can foreigners buy property in Spain?

Yes. There is no general ban on foreigners, from inside or outside the EU, buying residential property in Spain. Every foreign buyer needs an NIE (Numero de Identidad de Extranjero), which can be requested in Spain or at a Spanish consulate, in person or through an accredited representative, and is needed to sign the deed.

Non-EU buyers, which since Brexit includes British buyers, may need a military authorization from the Ministry of Defence to buy in zones of interest for national defence under Law 8/1975 and Royal Decree 689/1978. In practice this mainly affects parts of the Balearic Islands, the Canary Islands and certain coastal or border areas. EU citizens are exempt, and a lawyer should confirm whether the specific plot is affected.

You may have read that Spain will tax non-EU buyers at up to 100% of the property value. That is a proposal, not law. It was announced on 13 January 2025, and as of March 2026 it had not been debated in Congress, the minority government lacked the votes to pass it, and it was not included in later housing legislation. No tax is payable under it, although the government said it would keep pushing it.

Off-plan

Off-plan property in Spain

Off-plan property in Spain is unusually well protected by statute. The First Additional Provision of Law 38/1999 (the LOE), as amended, requires developers who take money on account for homes to guarantee its refund, plus legal interest, through a bank guarantee (aval) or surety insurance from an authorized Spanish bank or insurer, and to pay those funds into a special account.

Purchases are typically structured as a reservation payment, instalments during construction and the balance at signing of the public deed on completion; the percentages vary by developer and are not set by law.
Each instalment on account must be covered by the statutory guarantee, which covers the amounts paid including taxes.
Before paying, check that the guarantee or insurance certificate is issued individually in your name, identifies your unit and runs at least to the promised completion date.
The guarantee can be called if construction does not start or is not completed on time.
The first sale of a new home by the developer pays 10% IVA (4% for special-regime protected housing) plus regional AJD, not transfer tax.
New residential buildings must carry ten-year structural damage insurance (seguro decenal) covering structural defects.

Secondary market

Resale property in Spain

Buying resale means an existing home bought from its owner, formalized by a public deed (escritura) signed before a Spanish notary and then registered at the Property Registry (Registro de la Propiedad). Resale homes pay regional transfer tax (ITP) instead of IVA.

Obtain a current Property Registry extract (nota simple), which shows the registered owners and any mortgages, usufructs or other charges in force.
The nota simple can be requested online from the Colegio de Registradores for a small fee.
If the seller is not resident in Spain, the buyer must withhold 3% of the price and pay it to the tax agency on form 211 as an advance against the seller's capital gains tax.
An NIE is required to sign the deed, so apply early.
Non-EU buyers in defence-interest zones, notably the Balearics, should confirm whether military authorization is required for the specific property.

Off-plan or resale in Spain?

	Off-plan	Resale (secondary)
Deposit and payments	Reservation, instalments during construction, balance at the deed on completion.	Price paid at signing of the public deed before a notary.
Buyer protection	Statutory bank guarantee or surety insurance under Law 38/1999, issued per buyer and unit.	Nota simple from the Property Registry to check owners and charges.
Purchase tax	10% IVA plus regional AJD.	Regional ITP, e.g. 7% in Andalucia, 9% general rate in Comunitat Valenciana from 1 June 2026.
Timing to keys	On completion of construction and signing of the deed.	On signing of the deed.
What you can inspect	Plans, the payment schedule and the individual guarantee certificate.	The finished home and its registry record.
Financing	Instalments are paid during construction and the balance is due at the deed on completion.	Spanish banks lend to non-residents, commonly up to about 60-70% loan-to-value.

Buying costs in Spain

Transfer tax (resale), Andalucia: Flat 7% general ITP rate, with reduced rates for some main-residence buyers. Covers the Costa del Sol.
Transfer tax (resale), Comunitat Valenciana: Ley 5/2025 lowered the general ITP rate from 10% to 9%, with 11% on properties above EUR 1 million, for transfers from 1 June 2026. Covers Valencia and the Costa Blanca.
New-build tax: 10% IVA on the first sale by the developer (4% for special-regime protected housing), plus regional AJD stamp duty, commonly 0.5% to 1.5%: 1.2% in Andalucia and 1.4% in Comunitat Valenciana (cut from 1.5%).
Withholding when the seller is non-resident: The buyer withholds 3% of the price and pays it to the tax agency on form 211.
Annual ownership taxes: Municipal property tax (IBI). Non-residents who do not let the property also pay non-resident income tax on imputed income of 1.1% or 2% of cadastral value, at 19% (EU/EEA residents) or 24% (others, including UK residents).
Total purchase costs: A Spanish law firm's 2026 guide estimates taxes, notary, registry and legal fees at roughly 8-13% on top of the price, mainly depending on the regional tax rate. This is an estimate, not an official figure.

Transfer tax and AJD are set by each autonomous community and change, so confirm the current regional rate with the notary or your lawyer.

Residency through property in Spain

There is no longer a residency route through property in Spain. The golden visa for property investment of EUR 500,000 or more was abolished by Organic Law 1/2025, published on 2 January 2025, with effect from 3 April 2025. Applications filed before that date were processed under the old rules.

Buying a home in Spain now gives no right to live there, so buyers who want to relocate need a separate residence basis.

Where buyers look in Spain

New developments and off-plan

Estepona (Costa del Sol)Large pipeline of new apartment and townhouse developments along the western Costa del Sol.
Marbella and BenahavisPrime new-build villas and branded or gated developments in the hills behind Marbella.
Mijas and FuengirolaMid-market new-build resort complexes between Malaga and Marbella.
Malaga cityUrban new-build apartments in expanding districts such as Teatinos and the west of the city.
Costa Blanca South (Torrevieja, Orihuela Costa)Volume new-build resort market, popular with northern European buyers.
Finestrat and Benidorm areaNew high-rise and resort developments on the Costa Blanca North.
Madrid new districts (Valdebebas and others)Urban new-build supply on the city's planned growth areas.

Established resale markets

Madrid (Salamanca, Chamberi)Established prime districts with deep stock of classic apartment buildings.
Barcelona (Eixample, Sarria-Sant Gervasi)Mature resale market of period apartments; confirm Cataluna's regional transfer tax rate.
Marbella Golden Mile and Nueva AndaluciaLong-established resale villas and apartments with international demand; a well-known market for Marbella property for sale.
Palma and south-west MallorcaDeep resale market; check military-zone authorization for non-EU buyers on the islands.
Valencia cityLarge resale apartment stock; regional ITP general rate 9% from June 2026.
Alicante and Javea/DeniaLong-standing foreign-owner resale market on the Costa Blanca.

The market in numbers

Foreigners formalized 13.82% of home purchases in Spain in 2025, about 97,000 transactions and a record number. British buyers were the largest foreign group at 7.97% of foreign purchases, followed by Germans (6.52%) and Dutch (6.31%) (Property Registrars).
Registrars recorded 705,357 home sales in 2025, up 10.7% on 2024 and the highest level since 2007, with the registered average price up 8.2% year on year.
The foreign share of purchases in 2025 was highest in the Balearic Islands (29.86%), Comunitat Valenciana (27.65%) and the Canary Islands (25.65%); Andalucia was 13.34%.

What to watch for

The proposed tax of up to 100% on non-resident, non-EU purchases is stalled but has not been withdrawn, so it remains a policy risk for non-EU buyers.
Off-plan guarantees only protect you if they are issued in your name for your unit; payments made without an individual guarantee are exposed if the developer fails.
Transfer taxes are regional and change, so a cost estimate built on another region's rate can be wrong by several percentage points.
Non-resident owners have annual filing obligations for non-resident income tax even when the property is not let.
Non-EU buyers in defence-interest zones, notably the Balearics, may need military authorization, which adds time to the purchase.

Buying property in Spain: questions buyers ask

Can foreigners buy property in Spain?

Yes. There is no general ban on EU or non-EU buyers, but every buyer needs an NIE, and non-EU buyers (including Britons since Brexit) may need military authorization in some defence-interest zones such as parts of the Balearic and Canary Islands.

Should I buy off-plan or resale property in Spain?

Off-plan gives a new home with staged payments protected by a statutory bank guarantee or insurance, and pays 10% IVA plus AJD. Resale lets you inspect the finished home and its registry record, and pays regional transfer tax instead.

Can I still get a Spanish golden visa by buying property?

No. The property golden visa was abolished with effect from 3 April 2025 by Organic Law 1/2025; only applications filed before that date were processed.

Is the 100% tax on foreign buyers in force?

No. It was announced in January 2025 but, as of March 2026, it had not been passed or even debated in Congress, so no tax is payable under it.

How is my deposit protected when I buy off-plan property in Spain?

Law 38/1999 requires the developer to guarantee money paid on account, plus legal interest, with a bank guarantee or surety insurance and to hold it in a special account. Ask for the individual certificate in your name before each payment.

What is the transfer tax on property in Spain?

Resale homes pay regional ITP, for example a flat 7% in Andalucia and a 9% general rate in Comunitat Valenciana from 1 June 2026 (11% above EUR 1 million). New builds pay 10% IVA plus regional AJD instead.

Can a non-resident get a mortgage in Spain?

Yes. Spanish banks lend to non-residents, commonly up to about 60-70% loan-to-value with terms usually up to around 25 years, subject to the bank's assessment. These are market norms, not a regulatory cap.

Sources

This page is general information, not legal, tax or financial advice. Rules and fees were checked against the sources above in October 2026 and can change.

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Opportunities in Spain are shared privately. Tell Natalie what you are looking for, off-plan or resale, and she will come back with what is available.

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Can foreigners buy property in Spain?

Off-plan property in Spain

Resale property in Spain

Off-plan or resale in Spain?

Buying costs in Spain

Residency through property in Spain

Where buyers look in Spain

New developments and off-plan

Established resale markets

The market in numbers

What to watch for

Buying property in Spain: questions buyers ask

Sources

No public listings in Spain right now

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