Buying a house in Spain: what to look out for?

"Buying a house in Spain, what should I look out for?" This is one of the most common questions we receive at Confianz. Therefore, this post will give you some tips that will help you move forward with your search for a property in Spain.

When buying a house in Spain, you should primarily pay attention to three things: the legal status of the property (are there any debts or building violations?), the total cost structure (count on 11% to 14.5% on top of the purchase price), and the local regulations (e.g. restrictions on holiday rentals). Unlike in Belgium or the Netherlands, the Spanish notary has no duty of investigation, so the responsibility for verification lies entirely with the buyer.

In this article, we will guide you through the 7 main points to consider for a safe purchase.

1. Location and Climate: Choose a region you know

Direct response: Never buy a property in a region you do not know thoroughly; the microclimate and liveability vary greatly from Costa to Costa. Rent a property in the intended area first to experience the local dynamics outside the high season.

Many buyers are guided by an impulsive viewing trip. However, the weather in Spain varies drastically from region to region. The Costa Blanca for example, is known for its stable microclimate, while the north is considerably wetter and cooler.

• Exploration: Visit the region in different seasons.

• Trial living: Rent a holiday home in the specific neighbourhood first. That way, you will experience the amenities, noise pollution and atmosphere as a 'local'.

• Popular regions: Among Belgian investors, Costa Blanca and Costa del Sol remain the undisputed leaders.

"A mistake we often see is that buyers fall in love with a house but don't know the area. A dream villa in a 'ghost village' in winter is rarely a good investment."

Read more about the buying process in the Costa Blanca, the Costa del Sol, or from new construction. 

2. Total Cost: Reckon on 11% to 14% copper costs

Direct response: On top of the purchase price, you should take into account 11% to 14.5% additional cost (K.K.). This includes transfer tax (ITP) or VAT (IVA), stamp duty (AJD), notary and registration fees and legal guidance.

It is essential to avoid budgetary surprises. The cost structure differs depending on whether you buy existing property (resale) or new construction.

Note: In addition to purchase costs, there are annual recurring costs such as property taxes (IBI) and the non-resident tax (Modelo 210).

Read more about the annual cost of a property in Spain.

Read more about Belgian taxes on Spanish property.

3. The Role of the Broker: Seek independence

Direct response: The Spanish property market is unregulated. Anyone can call themselves a real estate agent. Therefore, never blindly trust the selling party's broker and always use your own advisor.

A good estate agent knows the area inside out and lives there himself. However, the estate agent works primarily for the seller (to secure his commission).

• Conflict of interest: An estate agent will rarely expose a property's legal problems if it jeopardises the sale.

• Independence: Require the ability to appoint one's own independent lawyer or advocate for the due diligence.

4. Legal Security: The crucial role of the lawyer

Direct response: In Spain, the notary executes no Town planning or tax inspections as in Belgium. You must check (or have checked) yourself whether there are debts, building violations or illegal constructions on the property.

Find out more about the Spanish notary.

This is the biggest stumbling block for foreign buyers. The notary in Spain has only an administrative function in the transfer of ownership.

What should be checked through a lawyer?

• Note Simple: Check who the actual owner is and whether there are any mortgages or encumbrances on it.

• Construction violations: Are the pool or extension legal and registered in the land registry?

• Residential certificate: Does the property have a valid Cédula de Habitabilidad?

Expert tip: "Never sign a compromise (Arras) and do not pay a deposit before a lawyer has legally screened the property. In Spain, you buy debts and charges with them if they have not been cleared beforehand."

Why you better not sign the compromise in Spain immediately?

5. Rental licences: Rules get stricter

Direct response: You cannot simply rent out your property to tourists in Spain. You will need a tourist rental license needed, and in regions such as the Balearic Islands, Catalonia and parts of the Comunidad Valenciana, these are increasingly denied or restricted.

Are you planning to earn returns from rentals? Then check before purchase Whether the property is eligible for a licence.

• Some municipalities have introduced a hiring freeze.

• In urbanisations (Association of Co-owners), holiday rentals may be prohibited by statute.

6. Financing: prepare your mortgage in good time

Direct response: You can borrow for a second residence from both Belgian and Spanish banks. Belgian banks often require a mortgage registration on a property in Belgium as an additional guarantee, while Spanish banks require a lower Loan-to-Value (often max 60-70%) handle for non-residents.

Turnaround times are long. A Belgian bank often needs a signed purchase agreement to start the file, but in Spain you often need to act quickly. Make sure you know your financial clout before making an offer.

7. Administration: Apply directly for your NIE number

Direct response: Without NIE number (Número de Identificación de Extranjero), you cannot buy a house, connect utilities or pay taxes. Waiting times can be up to several months.

Don't wait until the time of the deed. The NIE number is valid for life and does not commit you to anything, but is essential for any administrative action in Spain.

• Action: Start the application as soon as you are seriously considering buying, possibly through the Spanish consulate in Belgium or through a power of attorney to your lawyer in Spain.

How do I apply for a NIE number?

Frequently asked questions about buying in Spain (FAQ)

What is the main difference between a Belgian and a Spanish notary?

A Belgian notary has a duty to investigate and guarantees a legally 'clean' property. A Spanish notary does not do this; he only verifies the identity of parties and payment. Legal research (such as checking for debts or illegality) should be carried out by yourself by a specialised lawyer.

How much own money do I need to buy a house in Spain?

In total, count on about 40% to 50% equity if you borrow from a Spanish bank. Spanish banks typically finance a maximum of 60-70% of the assessed value for non-residents, and you will need to pay the purchase cost (11-14%) from your own funds.

Is a lawyer mandatory when buying a house in Spain?

It is not legally required, but in practice it is highly recommended. Since the notary does not check for urban planning violations or outstanding debts, a lawyer is the only party to protect your legal interests and carry out due diligence.

Can I just rent out my house in Spain through Airbnb?

No, for short-term rentals (holiday rentals) you need a tourist rental licence from the autonomous region. The rules for this are strict and vary by municipality. Renting without a licence can lead to fines of up to tens of thousands of euros.

About the author: Glenn Janssens is a lawyer specialising in Spanish real estate transactions and tax regulations. Since 2017, he has been helping Belgian and Dutch individuals and entrepreneurs to safely purchase and structure real estate in Spain. He guides files from A to Z: from due diligence, ownership and tax control to estate planning and optimisation for residents and non-residents. Thanks to his years of experience, hundreds of handled files and focus on transparent communication, Glenn makes complex Spanish legislation understandable and practically applicable for every property buyer.

update December 2025