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Step-by-step guide to become a short-term landlord in Spain

Raymundo Larraín Nesbitt, March, 2. 2026

Marbella-based Larraín Nesbitt Abogados (LNA) has over 23 years of experience at your service. We offer a wide range of 60 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record of successfully assisting expats all over Spain.

You can review here our client’s testimonials.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
1^st of March 2026

Introduction

The Spanish government is going out of its way, for electoral reasons and calculated political gain, to discourage foreign landlords from engaging holiday rentals. To that end, it has entered into a legislative frenzy approving law after law, which adds more red tape, overlaps requirements and even duplicates administrative procedures. In plain English, the government is purposely creating a convoluted mess. Quoting the UK’s rock group Genesis, Spain has become the “land of confusion”. As stated, the ultimate goal is to disincentivise landlords, particularly foreign ones, from renting out in Spain.

The (political) reason is because the government is happy blaming foreign landlords for all of Spain’s housing problems, labelling them as ‘property speculators’ (foreigners cannot vote in national elections, making them ideal scapegoats, as there is no political loss). The government argues that foreigners are behind the sharp increase of property prices nationwide. The truth is that tourist accommodations account for under 1% of all properties (and foreigners don’t own them all, Spanish landlords also rent out), hardly a drop in an ocean. But don’t let the truth get in the way of a good story. These half-baked rental measures are well received by their electoral base, fanning the flames of their discontent, which are already disenfranchised in view of soaring property and rental prices, in the hope that they will alleviate Spain's ongoing housing problems (spoiler: they won’t because the root problem is not being addressed).

Because I find myself spending half of my days explaining, to new and existing clients, over and over again the new legal loops and hurdles they need to overcome to become a successful holiday rental landlord, I thought it would be a good idea to publish this brief landlord guide and simplify matters.

The huge benefits of becoming a short-term landlord

Despite my gloomy introduction, facts remain facts. And, as published in several articles (i.e. 8 tips to rent like a pro in Spain, Buy-to-Let), becoming a short-term landlord in Spain is a hugely profitable business. Spain is the second most popular tourist destination in the world, attracting well over 100 million tourists every year; they all require accommodation. Landlords in Spain may benefit in three ways:

Continued capital appreciation: because of Spain’s misguided housing policies that stifle supply, properties are increasing in value by two digits, year on year. In fact, Spain leads Europe in rising house prices.
Continued rental income appreciation: again, because of Spain’s misguided overprotective housing rental policies, which also stifle supply, rental income is also sharply increasing by two digits, year on year, especially in large Spanish cities (Barcelona, Madrid, Malaga and Valencia).
Lenient tax relief: non-resident landlords can legally slash their tax bills by 70%, or more.

When you factor in all three points above, it becomes clear that short-term landlords are safely making over 10% of a property’s value on passive income. In my book, and given today’s uncertainties, that is a very good deal.

Seven easy steps to becoming a short-term landlord

Attain permission from your Community of Owners to apply a Tourism Licence.
Attain a Tourism Licence from your Regional Tourism Authority.

LNA can assist you with this service: Tourism licence - Registration of Holiday Homes (only Andalusia)

Attain an NRUA code from the new VUDA (short-term rental registry). We offer this service: Apply for an NRA rental code (short-term lets/holiday homes/seasonal lets)
Report to the Guardia Civil all guests aged 18, or over. I recommend using this company, but use whichever one you fancy: Checkinscan.com
File your annual rental income tax return. We offer this tax service: Holiday Rental Accounting Service (HRAS). We reduce, on average, landlord’s tax bills by as much as 70% on claiming tax relief.
File once a year your annual non-resident tax return (not to be confused with the one above). We offer this tax service: Non-Resident Imputed Income Tax, NRIIT (Annual Fiscal Representation Service)
File your annual Landlord Report with the Land Registry. We offer this service: VUDA/NRA annual landlord report filing

Conclusion

Paradoxically, all these protective rental measures the government is loftily pursuing to protect vulnerable collectives are having the opposite effect, even translating into higher profits for landlords. Never in the history of Spain has it been more profitable (and safe) to rent out a property as a holiday home than now. It’s truly ironic, but hardly unsurprising, how all these well-meaning measures, albeit naïve, sideline vulnerable collectives and make landlords and property owners even more money! The road to hell is paved with good intentions.

The ill-advised housing policies Spain’s government clumsily pursues, for ideological reasons, are continuously driving property and rental prices up, year after year. And, as explained in detail in previous articles (Property prices in Spain reached all-time highs. Can they continue to rise?), there is no denying that over the next years this upward trend will continue unabated.

Because if there is something we can firmly place our trust in, it is the government’s manifest inability to address the root problem which afflicts Spain’s housing (which is to build more houses, lower taxes, and bolster non-paying tenant evictions to under 10 days), making it Spain’s number one problem, even ahead of illegal immigration or record-level unemployment levels. Meaning that any political steps the government takes to assuage the housing problem, are guaranteed to backfire and result in even sharper increases in property and rental prices, further increasing the profits of landlords, year after year, in a spiral. Only a new administration and a decisive 180-degree change in housing policy will see us out of the woods.

If to this they add an open arms immigration policy, by proactively regularising over 1.3mn illegal immigrants, they have brewed a perfect housing supply and demand storm that will drive prices sharply up over the next years in benefit of new and existing landlords. Spain’s explosive population growth has risen by over 4 million people over the last decade. If in light of this, Spain builds under 90,000 homes a year (the lowest figure in all the European Union) when over 500,000 new housing units are required, the problem will be further accentuated and compounded.

The stark imbalance between housing supply and demand, created by the government’s misguided housing and immigration policies and continued market interventionism, is really what lies behind the sharp increase in property and rental prices, not foreign investors. The government is the problem, not the solution. Don’t be fooled.

At LNA, we are happy to help you navigate through the administrative and legal minefield the government has created around holiday homes, helping you to maximise your profits, within the law.

Related tax and legal services LNA offer:

At LNA, our friendly team can assist you in buying (or selling) your property anywhere in Spain. We can also get you any residence visa in Spain. Give us a call!

At Larrain Nesbitt Abogados (LNA) we have over 23 years of experience specialising in property conveyance and taxation all over Spain. We also assist clients with immigration & residency visas, and inheritance procedures (probate). You can contact us by email at info@larrainnesbitt.com, by telephone on our UK line (+44) 0754 3838 218, or Spanish line (+34) 952 19 22 88, or by completing our contact form.

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarising, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Ní neart go cur le chéile. VOV.

Larraín Nesbitt Abogados, small on fees, BIG on service.
2026© Raymundo Larraín Nesbitt. All Rights Reserved.

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Landlords: we save you 70%, or more, on your tax bill !

Raymundo Larraín Nesbitt, February, 2. 2026

You can review here our client’s testimonials.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
2^nd of February 2026

Introduction

Did you know that non-resident landlords can save an average of 70% in taxes? Interested? Read on.

Being a landlord in Spain has never been more profitable than today:

Rental yields climbed by two digits in 2025. Source: Idealista
Tourist rentals have an average net yield of 7% (coastal areas command higher yields) as opposed to long-term rentals, which have an average net yield of 4%
Spain broke its tourist record again. It has consolidated its hospitality status as the world’s second tourist destination, attracting over 100 million visitors in 2025. They all need accommodation
Spain undergoes a severe housing supply shortage, which drives rental prices up

All EU/EEA property owners, who lease property in Spain, are entitled to deduct from their tax bill all property-related expenses. Iceland, Liechtenstein and Norway tax residents may also benefit from these generous tax deductions. Switzerland is excluded.

That is quite a lot of money you can offset, greatly mitigating your landlord tax bill. This translates into average tax savings of 70%, or more, for landlords. If you are not an EU resident, you cannot benefit from it.

Landlord tax relief

Landlords may claim as tax relief the following property-related expenses:

Interests arising from a mortgage loan.
Local taxes, administrative charges, and surcharges
Expenses arising from formalising rental contracts
Maintenance costs may be offset
Community of owners’ fees
Home insurance premiums
Property repairs
Utility invoices (electricity, water, gas)
Cleaning
Concierge, gardening, alarm & security services
Lawyer’s fees (100% tax-deductible)
Property management fees
Advertising expenses
Marketing expenses
Home depreciation and amortisation

Requirements to benefit from lenient tax allowances:

You are tax resident in the Union or EEA (nationality is irrelevant)
The expenses you claim are in direct relation towards the upkeep of the property
You have VAT invoices to back up your tax relief claim

Real client examples on how much money you stand to save on renting out:

IMAGE TO PASS

Holiday Rental Accounting Service (HRAS)

Only 125/property/year

We specialise in taxation.

Related tax and legal services LNA offers:

At LNA, our friendly team can assist you in buying (or selling) your property anywhere in Spain. We can also get you any residence visa in Spain. Give us a call!

Larraín Nesbitt Abogados, small on fees, BIG on service.
2026© Raymundo Larraín Nesbitt. All Rights Reserved.

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Holiday rentals: do NOT rent out your property in Spain without a Tourism Licence and an NRA code

Raymundo Larraín Nesbitt, January, 1. 2026

Marbella-based Larraín Nesbitt Abogados (LNA) has over 23 years of experience at your service. We offer a wide range of 60 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record of successfully assisting expats all over Spain.

You can review here our client’s testimonials.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
1^st of January 2026

Introduction

As there is a lot of confusion surrounding this topic, I decided to publish a short post to (hopefully) shed some light on it. If you want to delve into more detail, just follow the blue links supplied below that will lead you down a rabbit hole.

Due to ongoing housing challenges, which cripple supply, the Spanish government is waging war against all illegal or non-registered tourist rentals (holiday homes). To that end, it has enacted several new laws in 2025 and created a new short-term tourism registry this year (Ventanilla Única Digital de Arrendamientos).

Additionally, Community of Owners in Spain may now decide if a property owner is allowed, or not, to apply for a Tourism Licence (communities may now outright ban holiday rentals as of the 3^rd of April 2025). If you are buying property in Spain, you should ensure your community of owners has not banned holiday rentals, as this affects the sales price of a unit and resale potential.

Excluded properties

The following article applies only to holiday rentals (alquileres vacacionales, in Spanish) and seasonal lets (alquiler de temporada, in Spanish. Autonomous regions in Spain have devolved competency to rule on these rentals. Each region in Spain has its own set of laws dealing with holiday rentals.

Long-term rentals (alquiler de larga duración, in Spanish) are excluded from this article. A different set of laws applies to long-term landlords. They are ruled by a national law (LAU). If you are a long-term landlord, please disregard the whole article; it does not apply to you.

Holiday home requirements

If you offer your Spanish property as a holiday rental, you need to have attained both:

A regional Tourism Licence, AND
An NRA code.

Your community of owners must now give express permission BEFORE you apply for a Tourism Licence. However, as an exception to this general rule, if you attained a Tourism Licence before the 03-04-25 your community has no sway over it.

Seasonal rentals requirement

If you offer your Spanish property as a seasonal rental, you need to have attained:

An NRA code.

For the avoidance of doubt, seasonal lets do not require a Tourism Licence, buy they do need an NRA code to be included in the new short-term rental registry (Ventanilla Única Digital de Arrendamientos, or VUDA).

As a gentle reminder, seasonal lets have a limited use:

accommodation required for work reasons, or
a student let, or
medical reasons, or
looking to buy property

Who needs to register in Spain’s new short-term rental registry (VUDA)?

tourist rentals (holiday homes)
seasonal lets
individual rooms rented short-term

All three above require an NRA code. To put it simply, the NRA code is the code assigned to your property on registering with the VUDA.

If you offer a property in Spain using property platforms which enable online bookings and payments (such as AirBnb, Booking, Vrbo, etc), you must register. Idealista is not one of them.

Fines

If you grab a car and drive around without a driving licence, and get caught, you will be fined. By the same token, holiday home landlords in Spain require a Tourism Licence and an NRA code to rent legally.

As a friendly reminder, please be advised you cannot legally rent out your property in Spain (as a holiday home) until you regularise your situation with your regional Tourism Authority.

If you offer your Spanish property as a holiday home – without a Tourism Licence and/or without an NRA code – your regional Tourism Authority is empowered to levy large fines that range from €3,000 to €150,000. In the most severe cases (repeat offenders), this fine can be up to €600,000. In some regions of Spain (i.e. Catalonia), fines are close to €1mn.

If unpaid, these fines will be placed as a legal charge against your Spanish property, which may affect, or even compromise, your ability to sell the property. In the worst cases, it may lead to properties being impounded and sold off in a public auction.

Other sanctions

In addition to the above fines, regional Tourism Authorities may also:

revoke a Tourism Licence
ban a property from being rented out (as a holiday home) for a given period of time
listings may be removed by online platforms
suspend your ability to legally rent online

Conclusion

We strongly advise all holiday home landlords NOT to rent out property before they have the approval of their regional Tourism Authority.

Services LNA law firm can help you with:

Apply for a Tourism Licence (only Andalusia)
Apply for an NRA rental code (short-term lets/holiday homes/seasonal lets)
Holiday Rental Accounting Service (HRAS)

At LNA, our friendly team can assist you in buying (or selling) your property anywhere in Spain. We can also get you any residence visa. Give us a call!

Larraín Nesbitt Abogados, small on fees, BIG on service.
2025© Raymundo Larraín Nesbitt. All Rights Reserved.

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8 reasons to buy property in Spain

Raymundo Larraín Nesbitt, December, 1. 2025

Marbella-based Larraín Nesbitt Abogados (LNA) has over 22 years of experience at your service. We offer a wide range of 60 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record of successfully assisting expats all over Spain.

You can review here our client’s testimonials.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
1^st of December 2025

Introduction

Spain is a young democracy located at the heart of Western Europe. As a member state of the Union, it offers a safe and stable legal and financial environment.

Forbes chose Spain, again, for another consecutive year, as the top spot to buy and live in the world! And not without good reason!

Eight reasons to buy property in Spain

Affordability. Compared to other European countries, the costs of buying and living in Spain are far lower, making it widely accessible.
A mild all-year-round climate. Spain has a national average of 320 days of sunshine a year. Light and warmth are never too far away!
Ultra-low taxation (only in some regions of Spain). Spain does not have homogeneous taxation. Because of devolved taxes, some regions have low taxation (Andalusia, Alava, Biscay, Madrid, and Guipuzcoa), whereas other regions have high taxation (Aragon, Asturias, Valencia and Catalonia). You are well advised to research the taxation, as it will have a significant impact on buying and on inheritance tax, for example. In addition to this, non-EUs can profit from a Digital Nomad Visa, which has associated lenient tax breaks. Low regional taxation and a DNV work in tandem to make you pay very few taxes.
A privileged lifestyle. Spain spoils you for choice, as it caters to all tastes: whether you enjoy stunning scenery, the buzz of large cities, a vibrant cultural life, varied cuisine and wines, or simply grabbing a great suntan to dazzle your friends back home, Spain has you covered.
Accessibility. A modern rail network, new highways, state-of-the-art airports, and high-speed internet ensure you are always well-connected.
First-class amenities. Renowned museums, lavish restaurants, luxury shops, trendy designer boutiques, refined theatres, glam discotheques, 18 and 9-hole golf courses, international private schools, and exclusive yacht-filled marinas. The problem is that you won’t have enough time to enjoy them all!
Quality healthcare. Spain offers several modern private hospitals that cover your every health need. Public healthcare is also available to all Spanish residents. There are also specialised beauty medical facilities that assist in enhancing your physique, because everyone deserves a little nip and tuck.
A vibrant cultural life. Spain’s vast cultural offering, spanning millennia, remains unmatched. Spain is the second country in the world with the most tourists (94 million), which translates into a healthy demand for housing. This creates a strong rental potential for buy-to-lets and investment opportunities (capital appreciation).

So many great places to choose from: Barcelona, Costa del Sol, Granada, Madrid, Malaga, Mallorca, Santiago de Compostela, Seville, Sotogrande, and Valencia.

At LNA, our friendly team can assist you in buying (or selling) your property anywhere in Spain. We can also get you any residence visa. Give us a call!

At Larrain Nesbitt Abogados (LNA) we have over 22 years of experience specialising in property conveyance and taxation all over Spain. We also assist clients with immigration & residency visas, and inheritance procedures (probate). You can contact us by email at info@larrainnesbitt.com, by telephone on our UK line (+44) 0754 3838 218, or Spanish line (+34) 952 19 22 88, or by completing our contact form.

Larraín Nesbitt Abogados, small on fees, BIG on service.
2025© Raymundo Larraín Nesbitt. All Rights Reserved.

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8 reasons to apply for a Digital Nomad Visa in Spain

Raymundo Larraín Nesbitt, November, 3. 2025

You can review here our client’s testimonials.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
3^rd of November 2025

Introduction

If you are planning to move to Spain, you should seriously consider becoming a digital nomad.

There is no question that the Digital Nomad Visa has become the most sought-after visa in Spain after the Golden Visa was phased out in early 2025.

The Digital Nomad Visa (or tax-free visa, as it is popularly known) offers a wide range of tax benefits that surpass Golden Visas. Golden Visas never had associated the slew of tax advantages that DNVs offer. The DNV is all about paying little to no tax, whilst living the high life in Europe. Unlike Golden Visas, you don't need to spend €500,000, or more, to benefit from it all.

The DNV is simply the best visa money can buy in Europe at this moment in time.

Eight reasons to apply for a Digital Nomad Visa

Ultra-low tax – unmatched tax advantages. Don’t fancy paying much tax? This visa has you covered. No other visa in Spain offers its wide range of tax benefits. You only need to pay a flat tax rate of 24% on your gross earnings in Spain up to €600,000/year. Any assets held abroad go untaxed. Moreover, unlike standard Spanish taxpayers, you don’t even need to declare assets or rights abroad (no need to complete tax form 720). In plain English, you pay little to no tax. It’s not dubbed the tax-free visa for nothing!
Long duration. Clear rules, initially for 3 years, then works on a 3-year renewal, totalling 6 years. This visa has one of the longest durations available.
Fast-tracked. DNVs are granted by Madrid in under 3 weeks. No other visa is expedited as much. The red rug is rolled for you, cutting through all pesky red tape.
All the family is included. Your partner, your children (up to 25 years old), and even your parents may be included as dependents.
Right to work in Spain. Not only does it give full rights to work remotely in Spain to the main applicant, but it also extends this right to his dependents, either as freelancers or as employees pursuant to Law 13/2014 of International Entrepreneurs.
Unfettered access to the Union. Once you attain the DNV, it allows you and your family unrestricted access to the 27 Member States that assemble the Union. Aggravating long queues at airports for non-EUs, you say? Nah, not for you, you are an EU-resident. But you cannot work or reside in other EU countries, bar Spain.
Path to permanent residency. The time spent leads to permanent residency (which lasts 10 years) – optional.
Path to Spanish citizenship. Fancy a European passport that allows you access to 189 countries worldwide? The time spent leads to Spanish nationality after 10 years of continued and legal residency – optional.

Conclusion

DNVS are hands down the best visa money can buy, living at the heart of Western Europe.

Fancy this weekend a shopping spree in London or Milan? Only two hours away by plane. Fancy popping to the Louvre or the Eiffel Tower for some culture? Only two hours away by plane. Fancy skiing and catching up with your besties at Gstaad? Only two hours away by plane.

You have all the pros of becoming a legal admin resident in Spain, yet none of the tax cons (as standard tax obligations do not apply to you, as a legal fiction operates whereby you are treated as a non-resident taxpayer, this is a tax scheme known as Beckham’s Rule).

Unsurprisingly, smart money votes with the wallet. Málaga is the world’s third most popular destination for digital nomads.

In my book, DNVs are a steal, a win-win. Life is short, make the most of it.

DNVs allow you to live anywhere in Spain; you will be spoilt for choice: Barcelona, Costa del Sol, Granada, Madrid, Malaga, Mallorca, Santiago de Compostela, Seville, Sotogrande, and Valencia.

At LNA, we assist you, and your family, to attain a Digital Nomad Visa in under 3 weeks. We can also assist you buying, selling, or renting property anywhere in Spain.

Call us, and speak to one of our friendly staff!

LNA has a 100% track record of attaining Spanish visa & residency permits since 2013. We have assisted over one thousand satisfied visa clients and their families.

At Larrain Nesbitt Abogados (LNA) we have over 22 years of experience specialising in taxation, and property conveyance. We also assist clients with immigration & residency visas, and inheritance procedures (probate). You can contact us by e-mail at info@larrainnesbitt.com, by telephone on our UK line (+44) 0754 3838 218 or Spanish line (+34) 952 19 22 88, or by completing our contact form.

Larraín Nesbitt Abogados, small on fees, BIG on service.
2025© Raymundo Larraín Nesbitt. All Rights Reserved.

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Moving to Spain in 2026? Spanish visa overview

Raymundo Larraín Nesbitt, October, 3. 2025

You can review here our client’s testimonials.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
3^rd of October 2025

Introduction

Spooky October is upon us, and many people are now making plans on where to move next year.

Political turmoil is on the rise worldwide, with irresponsible politicians – from both sides of the aisle – fanning the flames of social polarisation in established democracies, with some now on the brink of open civil war. It only takes a spark to unleash chaos, always a fine pretext for authoritarianism to take over the reins and restore order by way of curtailing people’s rights and freedoms, undoing what their forefathers fought so hard for.

If this is your case, and you are worried about the future of your country and your family's well-being, you may want to consider Spain as a plan B. As someone clever once said, “If you fail to plan, you plan to fail”.

Spain, governed by a progressive administration, is the second most visited country in the world, with over 94 million tourists every year. It’s a beautiful country to visit or live in. Gorgeous weather, delicious food, affordable prices, great amenities, friendly natives, and ultra-low taxation (in some regions) appeal to foreigners at large. Many of these tourists decide to settle down and buy a property in Spain.

In recent years, Spain introduced new immigration schemes with significant tax advantages associated for those who qualify: Beckham’s Rule (named after the English football player) and the Digital Nomad Visa. The tax advantages offered by both are identical, mirroring each other.

Both of these allow applicants to pay NO tax on any assets or income held abroad. Moreover, on the income derived strictly in Spain, applicants pay only a flat fee, which is a mere fraction of the standard tax rates. These two immigration schemes have been purposely devised to attract foreign overachievers, so they relocate to Spain alone, or with their families. Due to their unique tax advantages, they are proving wildly popular amongst foreign applicants (more details below).

As a general rule:

If you are a non-EU national, and wish to stay in Spain for over 90 consecutive days, you need to apply for a visa. Please be advised that not all visas grant the right to work in Spain.
If you are an EU/EEA national, and wish to stay in Spain for over 90 consecutive days, you need to apply for a Spanish residency permit. This is cheap and fast-tracked (takes a few weeks). We offer this service: Spanish Residency permit for EU nationals (includes TIE card & NIE number).

Spanish visas allow you to live anywhere in Spain; you will be spoilt for choice: Barcelona, Costa del Sol, Granada, Madrid, Malaga, Mallorca, Santiago de Compostela, Seville, Sotogrande, and Valencia.

At LNA, we can help you attain a visa, or a residency permit, to live in Spain legally in record time at an affordable price. Your case will be handled by one of our immigration lawyers, assisted by a visa manager.

"Those who would give up Essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety". – Benjamin Franklin

Benjamin Franklin (1706 – 1790). Founding Father of the United States. Exceptionally gifted statesman, scientist, inventor, diplomat, writer, printer, postmaster, and political theorist. He campaigned from early on for colonial unity. He was then tasked to raise funds in Europe for the War of Independence. Malaga’s cathedral only has one tower (known as ‘La Manquita’), as the funds were gifted to 13 struggling colonies in their War for Independence against a mighty overseas empire. He was one of the drafters and signers of the Declaration of Independence of the 4^th July 1776. Appointed as the first United States ambassador to France, he exemplified the ingenuity and prowess of a young, emerging American nation.

Benjamin was a politician in his spare time; nobody’s perfect.

General requirements for all Spanish visas

Unlike in other countries, you are not required to have a minimum proficiency in Spanish to apply for a visa. Whilst this is true, I strongly urge you to learn the language, at least the basics, to better blend in and understand Spanish society. You will find that natives greatly appreciate the effort and will be far more accommodating towards you. Spanish is fairly easy to learn, by rapport to other languages, and is the second most important language in the world. It is the official language of 21 countries.

The following five are staple requirements across all visa types:

Non-EU national
Hire private health insurance
Clean criminal record, no trace (previous 5 years)
Be financially self-supporting (you will not claim benefits)
Not be living in Spain illegally at the time of making the visa application

Spanish visa overview

At LNA, we can assist you in filing all four visas listed below (plus Beckham’s Rule, which is not a visa, it’s a tax scheme).

Some visas suit applicants better than others. Some offer unique tax advantages:

1. Digital Nomad Visa (tax-free visa)

After the demise of the Golden Visa, the DNV was next in line to occupy the visa throne as the most sought-after in Spain. DNVs extend to family members i.e. spouse and children up to the age of 25 years old. It allows applicants to work remotely from Spain i.e. teleworkers.

The main advantage is its privileged taxation. It grants applicants a special tax regime whereby they pay ultra-low tax (or in most cases none at all!) as opposed to standard tax rates that apply to Spanish tax residents. This visa is for up to 6 years and is attained by us in under 3 weeks.

Key tax advantages:

No tax on assets & income abroad. This is of special interest for applicants holding substantial assets and overseas earnings (i.e. HNWIs), which would all go untaxed by Spain.
Pay a flat tax rate of 24% on the first €600,000 of gross annual earnings in Spain. This translates into tax savings of 50%, or more, on income derived strictly within Spain.
Not required to file a 720 tax return (unlike Spanish tax residents)
Not required to file Wealth Tax (unlike Spanish tax residents)
Automatic tax deferrals on call (unlike Spanish tax residents)

Suitable for:

International teleworkers
Self-employed (freelancers) who manage their foreign business remotely
HNWI and UHNWIs

Further reading: Digital Nomad Visa explained (tax-free visa)

2. Marriage Visa – Family Regroupment Visa

It’s intended for families or couples that have been separated, in and out of the EU. It seeks to reunite them in an expedited manner within the EU. So, although this type of visa is popularly dubbed as ‘Marriage Visa,’ it would rather be more appropriate to label it as ‘Family Visa’.

Its scope goes well beyond a married couple. It ought to be understood in broader terms, as in family reunion. As its name implies, couples can be married (including same-sex partners), this is the core requirement. Alternatively, civil partnerships are also accepted. This visa allows you the right to work in Spain. This visa has low fees, and is fast-tracked, taking between one to four weeks. This visa is for 5 years.

Suitable for:

Separated family members who wish to reunite within the EU
Married couples
Non-married couples

Further reading: Marriage Visa explained

3. Retirement Visa – Non-Lucrative Visa (NLV)

This is Spain’s Pensioner’s Visa. It allows applicants to live but not work in Spain. Only retirees should apply for it.

The applicant will be expected to be financially self-supporting and will be required to prove he or she has enough savings for at least two years. This visa is ideal for retirees who wish to spend extended periods of time in Spain – without working – enjoying the finer things in life.

It is the cheapest visa available. It takes 2 to 3 months. This visa is initially for 1 year, and then it works on 2-year renewals.

Suitable for:

Pensioners

Further reading: Pensioner’s Visa explained

4. Business Visa – Lucrative Visa

As its name implies, this permit allows the applicant to work in Spain as self-employed. This residency applies to someone looking to set up their own business in Spain. This requires a proactive hands-on attitude. Typically, you will be acting as a director, or managing director, overseeing a company. Needless to say, one of the key requirements is that you will have enough means to be self-supporting, both for yourself and your family, for one year.

The catch, besides a cast-iron motivation, is that you need to invest in the ballpark of €80,000 to €100,000 to open & run a business in Spain. You will also be required to hire employees and enrol them in Spain’s Social Security (the cornerstone of this visa). Visa renewals are contingent on the business making a profit every year. This visa allows you, and your family, the right to work in Spain as self-employed. This visa has associated the highest fees, is the most difficult to secure and also takes the longest (3 to 4 months).

Suitable for:

Entrepreneurs
Applicants (families) wishing to set up and run a business in Spain
Self-employed

Further reading: Lucrative residency permit (Business Visa)

5. Beckham’s Rule

Please note this is not a visa. It applies to EU/EEA nationals (who do not require a visa).

It also applies to non-EU nationals who have first successfully attained a Digital Nomad Visa.

It is a special tax regime whereby taxpayers pay low tax, or none at all.

EU/EEA nationals who relocate to Spain on the back of a job contract offered by a Spanish employer may apply. It offers identical tax advantages to the Digital Nomad Visa. It has moderate fees, and the procedure is expedited. It takes under a month to attain.

Suitable for:

EU/EEA nationals
Digital Nomad Visa holders
High-ranking expatriate employees
HNWI and UHNWIs

Further reading: Beckham’s Rule explained

LNA has a 100% track record of attaining Spanish visa & residency permits since 2013. We have assisted over one thousand satisfied visa clients and their families.

At Larrain Nesbitt Abogados (LNA) we have over 22 years of experience specialising in taxation, and property conveyance. We also assist clients with immigration & residency visas and inheritance procedures (probate). You can contact us by e-mail at info@larrainnesbitt.com, by telephone on our UK line (+44) 0754 3838 218 or Spanish line (+34) 952 19 22 88, or by completing our contact form.

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Ní neart go cur le chéile. VOV.

Larraín Nesbitt Abogados, small on fees, BIG on service.
2025© Raymundo Larraín Nesbitt. All Rights Reserved.

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Community of owners to approve new Tourist Licences

Raymundo Larraín Nesbitt, September, 1. 2025

You can review here our client’s testimonials.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
1^st of September 2025

Last 3rd of April 2025, Spain’s Horizontal Property Act was amended. This is the law that rules on community of owners in Spain.

In a nutshell, the amendment is that community of owners may now vote to authorise the ban of new tourist licences granted on or after the 3rd of April 2025. This was prompted because before this change, a unanimity vote was required which of course never happened because owners (landlords) who rented out would oppose a ban, leading to a stalemate. This change in law breaks the gridlock and now allows rental blanket bans in community of owners all over Spain.

In effect, this law empowers community of owners to decide on whether they allow, or not, tourism licences. This changes the rules of engagement.

This change in law has far-reaching implications, even financial ones, that significantly affect property prices and sale prospects. In plain English, it marks a new milestone in buying and selling properties in Spain for all the reasons I collate below.

Community vote

It requires a vote of 60% of the owners, who in turn represent 60% of the community.

Ban: if owners decide to ban all tourist licences going forward in a community, this means that even if a property owner attains a valid Tourism Licence from Regional Tourism Authorities after the ban, he is banned from offering his property as a holiday accommodation (short-term let).
Approve: If owners allow new tourism licences, landlords will be free to offer their property as holiday lets just like before.

Principle of no retroactivity

The above begs the question of what happens to landlords who offer holiday accommodations and have already attained a tourism licence before the new law came into effect?

The short answer is nothing.

They had already acquired a legal right to rent out their properties as tourist lets, and any community ban that is approved on holiday accommodations does not affect them as they are expressly excluded from its effects. In short, they walk away scott free.

Financial implications of this change in law: short-term rental monopolies

As stated in the article’s introduction, this change will have a huge financial impact on a property’s asking price going forward.

This is because a unit offered as a holiday accommodation on online platforms can easily make a net 7 to 10% yield a year, depending on location. This is in sharp contrast with long-term lets, which barely offer a 4% net yield, and, to top it off, you have a very serious risk of ending up with squatters under new pro-tenant laws. As a result, landlords have swapped en masse their properties from long-term to short-term, which are far more profitable and secure from a legal standpoint (fast evictions on non-payment as not the main place of abode).

Now, with this change in law from the 3rd of April, this means that some properties are outright banned from being rented out as short-term lets in community of owners. This change impacts on the sales price. This is better understood with an example.

Take two luxury penthouses in a community of owners in Marbella. They both have the same size, orientation, and finishings. Both properties are valued at the same price, €1,000,000, as in effect they are identical, both legally and physically.

However, one owner diligently procured a Tourism Licence, and the other did not before the 3rd of April 2025.

Following the 3rd of April change, the community of owners voted a blanket ban on tourist rentals. The first owner now has a property which he can still offer as a holiday accommodation because the ban does not affect him (the principle of no retroactivity on acquired rights), whereas the second penthouse owner is banned from doing so.

Consequently, the first owner can easily achieve a 10% yield a year on his property, whilst the second one cannot. In plain English, the properties are now legally different.

The effect this ban has is that now the first property has a revised valuation of €1,100,000, or more, to reflect the potential rental yield. Whereas the second property’s price has dropped to €900,000, or under, because he is now banned from renting out short-term (he may still rent out long-term if he wishes, but the yield as explained above is significantly lower and far riskier).

In effect, this change in law has allowed the first property owner to hold a legal ‘monopoly’ on short-term rentals within a community of owners (as no new tourist lets are allowed), which greatly appreciates his property’s value. Whereas the second property owner, out of no fault of his own, has seen his property’s value take a brutal dip, which translates into a steep price drop.

Property-hunting

Following this law, on being instructed by conveyance clients to buy property in Spain, we are now tasked by them to ensure no rental bans are in place. Which means our law firm is systematically discarding properties – which are perfectly good from a legal point of view – only because they now have a rental ban in place affecting them.

The immediate effect is that properties affected by rental bans are now harder to sell. So, besides experiencing a sharp price drop, they will also take longer to sell. Properties affected by rental bans will be the last ones to be picked by savvy investors, the bottom of the litter, pushing back sales dates by months or years.

In conclusion

The change in law of the 3rd of April 2025 is yet another example of the government’s war against tourist rentals.

As a recap, it has the following consequences:

Prohibition to offer properties as holiday homes in communities of owners that vote to ban them
Asking property prices affected by rental bans will drop sharply, by 10 to 20%
Asking property prices not affected by bans will appreciate sharply, by 10 to 20%
This law creates legal rental ‘monopolies’ in some communities of owners
The law changes the legal status of properties (which impacts their asking price and sale prospects)
Properties affected by rental bans will be shunned by buyers, taking much longer to sell
Properties allowed to be offered as tourist rentals will sell much faster and at a higher price
A two-tier approval system on tourism licences is now working. Even if you are granted a Tourism Licence, your community of owners can shut it down unless you got it before the 03-04-2025 (which is a double control). Conversely, if your community bans them outright, you cannot get a Tourism Licence, even if you meet all the legal requirements

This law is the latest, but not the last, chapter in the Spanish government’s ongoing war against tourist rentals. Only time will tell if these well-meaning changes prove positive or detrimental.

What is clear to me is that the immediate aftermath we are witnessing, brought about by this change in law, are that few property owners are winners and most are losers. They are collateral casualties in the war being waged against tourist rentals throughout Spain.

At LNA, our friendly team can assist you in buying (or selling) your property anywhere in Spain. We can also get you any residence visa in Spain. Give us a call!

At Larrain Nesbitt Abogados (LNA) we have over 22 years of experience specialising in property conveyance and taxation all over Spain. We also assist clients with immigration & residency visas, and inheritance procedures (probate). You can contact us by e-mail at info@larrainnesbitt.com, by telephone on our UK line (+44) 0754 3838 218, or Spanish line (+34) 952 19 22 88, or by completing our contact form.

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Ní neart go cur le chéile. VOV.

Larraín Nesbitt Abogados, small on fees, BIG on service.
2025© Raymundo Larraín Nesbitt. All Rights Reserved.

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Spain's new property bubble: House prices reach all-time highs. Can they continue to rise?

Raymundo Larraín Nesbitt, July, 28. 2025

You can review here our client’s testimonials.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
28^th of July 2025

Introduction

In short, yes.

Property prices will continue to soar over the next years.

Not only can, but it is my view they will climb to new heights.

Sounds unreasonable?

At first glance, it would appear so, yes. But if we dig deeper, it becomes apparent that we are not in 2008, and there are strong fundamentals on why property prices will continue to increase over the next years.

It is no secret that property and rental prices have ballooned out of control in Spain, particularly off-plan properties (new construction). Especially in large Spanish cities (such as Barcelona, Madrid, Malaga and Valencia) and sought-after coastal areas. Property prices have soared by two digits year-on-year in these areas, and by 8% in the remainder of the country.

Whilst Spanish wages barely increased 2.76% over the last THREE decades (in real terms, adjusted for inflation), property prices increased THREEFOLD (from 1995 to 2025)!

The exception is the Spanish minimum wage, which the government keeps raising every year, exacerbating Spain’s record youth unemployment, the highest in all of Europe and out of any OECD country (38 countries), which groups the most developed economies in the world.

So, given how Spanish wages remain practically the same over the last three decades and property prices have tripled, is the rise in property and rental prices sustainable long-term?

In this short article, I’ll strive to take a shot at this question and reach some conclusions.

Differences with the 2008 property boom

The fundamental difference is that while in 2008 greed was the main driving force behind the overpriced real estate market, now in 2025 the reason is a supply crunch. There are far too many buyers chasing few units, which makes property prices appreciate considerably.

In plain English, in this property boom high prices are justified because there is a severe stock shortage of new build property. Further below, I explain the underlying reasons in detail and why I think property prices will continue to rise over the next years.

Underlying reasons for Spain’s new property boom and increased property rental prices

Whilst Spanish Authorities are more tactful in speaking of a new property bubble than the US Department of State is of Taiwan’s independence, the fact is that if it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.

Call it what you want (semantics), to my eyes, it is a new property bubble.

Property prices are in fact 10% higher than what they were at the height of the 2008 property bubble. Every day we witness mass protests in large Spanish cities by struggling natives who call for housing and rentals at affordable prices.

I collate below the main reasons, both domestic and foreign, which help to explain the unabated rise in property and rental prices in Spain:

Global reasons:

Pent-up demand. Post-Covid 19 there was a pent-up demand for property (not only by natives but also by foreigners). People, after being forcefully locked up for years in their homes, found a new lease on life and a renewed sense of freedom post-Covid by spending like there is no tomorrow. Roaring twenties déjà vu?
Huge savings. Covid-19 outbreak forced people to stay at home and not spend any money. There was huge amount of savings built over a 2 or 3-year period.
Quantitative Easing (QE). All central banks, to kickstart the economy after the global pandemic, indulged in Quantitative Easing which led to a massive spike of inflation across the global markets, specifically caused by the US Dollar. As a result of the unbridled inflation caused by QE, people could buy less things with the same amount of money (loss of purchasing power), which led investors to pile capital into real estate like there was no tomorrow to hedge against rising inflation.
Global supply chain disruption. The Covid-19 virus severely disrupted the global supply chain, which impacted construction materials employed by Spanish builders on new builds. This shortage of materials translated into a massive price spike which was passed on to the final consumer (property buyer) by increasing property prices.
Drop in interest rates. This incentivises borrowers to take on loans and buy property, as it becomes easier and more affordable to secure finance.

Spanish-specific reasons:

Supply crunch. This is hands down the most important reason. You do not need to be an MIT graduate to realise that if there is a large number of buyers chasing a limited supply stock of new construction, prices are bound to leap. It is only basic economics. This issue has been caused by the government actively intervening in the market through excessive regulation. Spain builds approximately under 90,000 new homes every year (it is the second country in the Union that builds fewer homes after Portugal), when the Bank of Spain estimates the demand is well over 500,000 units a year. In other words, there is a shortfall of over 400,000 homes a year, given Spain’s strong housing demand. This huge stock gap translates into an affordability crisis of gargantuan proportions as property prices skyrocket because of a low supply. In other words, the government, through its policies and interventionism, has triggered an affordability crisis, the extent of which remains to be seen.
Increased development red tape. In the wake of Spain’s disastrous 2008 property bubble, Spain teetered on the brink of default in 2013, prompting successive Spanish governments to take it upon themselves to regulate harshly on new build property. As a result, a mountain of red tape and admin challenges was added. This not only restricted the supply of new property (builders simply did not want to build new properties) but also added to the final price tag, as ultimately the end consumer (property buyer) was made to pay for all these additional “security measures”.
Misguided housing policies. Whilst the progressive Spanish government has worked tirelessly in pursuit of lofty goals (like making housing and rentals more accessible to people, especially to vulnerable and younger collectives) it has done so by following misguided housing policies. In a nutshell, they have steamrolled the rights of landlords through new laws (like Spain’s new Housing Act from 2023) which translated into landlords pulling their properties away from the market (estimated at over 250,000 properties removed nationwide from the rental market) which - following the laws of demand and supply - translated into higher rental prices across the board. For example, in the city of Barcelona landlords have pulled out of the market 55,000 rental properties since 2023 because of the draconian laws approved by regional authorities who overzealously apply the government’s new biased Housing Act from 2023, which bashes landlords’ rights and overprotects tenants. As there are fewer rental properties available, rental prices go up. Moreover, the very vulnerable collectives the government commendably sought to protect with its 2023 new law are being shunned by landlords as it is almost impossible to legally remove them from the property in the event they fall in arrears or of non-payment. In plain English, Spain’s Housing Act from 2023 backfired spectacularly, making the rental situation much worse for tenants, particularly for vulnerable collectives, as rental prices have skyrocketed all over Spain. In view of the blatant failure of its misguided housing policies, the government, instead of conceding defeat and backing down on them, as would be the sensible thing to do, are actually doubling down on them by enacting even more laws that further aggravate the rental problem.
Chronic shortage of construction workers. Unlike in 2008, Spanish nationals do not fancy being bricklayers, and developers are really struggling to find and hire fit workers. It also does not help that 55% of Spain’s bricklayers are over the age of 45 years old. So, besides being undermanned and overworked, they are also overaged, which limits the number of available new developments.
Zero public housing. The current progressive administration has built almost zero social housing over the last 7 years. Yes, Spain’s Socialist-Communist government has made several grandiose proclamations over the years (frankly, I’ve lost count on how many) announcing ambitious government plans to spend X billions of euros in new social housing – but it never gets done. Meanwhile, silently but decidedly, some regional governments, like Madrid’s, have built thousands of social housing. It beggars’ belief that those who preach and uphold themselves to higher moral and social standards do nothing about it – nada – whilst conservative regional governments, which are ideologically opposed, are quietly building social housing in the thousands like it were nobody’s business. The world upside down. That’s 101 politics for you. In Spanish we have a great saying: “unos se llevan la fama y otros cardan la lana.” Translated, some take credit for what others do.
The glut of 2008 property is unsuitable for dwelling. Although Spain indeed built a large glut of housing in the last property boom from 2008, most of these units are poorly located, far from city centres, and with poor infrastructure, making them unfit and far less attractive compared to sought-after newer developments. These were properties that were bum-rushed and ill-conceived at the time for a quick buck – no one wants to live in them as they are far too isolated.
Constantly undermining property rights. By now it is no secret the government has gone out of its way, and then some more, to undermine property rights in Spain by allowing squatters (okupas) to take over the country. It has openly done so to implement social housing policies at the expense of other people’s private property. Landlords do not want to risk renting out their properties if they can end up being occupied by squatters who have more rights than landlords under this administration.

The government’s stance on rising property and rental prices

Surprisingly, it can be summed up as increased taxation, or even creating new taxes, across the board to stave off housing demand.

To top it off, the Spanish government is ludicrously, and irresponsibly, shifting the blame on foreigners to deflect responsibility on its own administration's housing policy failings. The government argues that foreigners – particularly tourists – are driving house and rental prices through the roof in Spain. Whilst this may be true in some selected coastal areas, it does not apply to large Spanish cities (foreigners don’t buy there) where the crux of the housing problem is located. Foreigners are always suitable scapegoats for Spanish politicians as they cannot vote in national elections, win-win.

The truth of course is quite different. Tourist accommodations account for under 1% of all properties. But hey, never let the truth get in the way of a good story. Never mind the fact that Tourism is the Golden goose that accounts for over 18% of Spain’s GDP (12% directly and a further 6% indirectly). In plain English, one-fifth of Spain’s economy is overreliant on Tourism, which by the way should be addressed to reduce its overdependency, as it is a weakness that can be exploited. People living in glass houses should not throw stones.

Call me simple-minded, but if the crux of the housing problem is a supply crunch, maybe, just maybe, one would think the government should focus on actually increasing the supply stock, so prices drop. In other words, build more houses. I know, wild thoughts.

In lieu of increasing the new construction stock, either by facilitating or incentivising developers to do their job or fostering a nationwide public housing program, the government has been relentlessly increasing taxation as a deterrent.

For example, it will shortly apply a 21% VAT on all tourist rentals equating them to hotel accommodations, which is bonkers given how you cannot compare a pensioner living on passive income (renting one or more properties to make ends meet) to the clout of the hotel industry that moves billions. They are also creating a new 100% tax on non-EU property buyers, which is also crazy as it will create new problems without fixing existing ones.

What’s clear to my mind is that increasing taxation, or creating new taxes, or even eliminating blue-ribbon golden visas, is not the way forward to solve Spain’s housing situation, which is indeed a growing concern.

At best, these measures will act as a temporary band-aid scaring away a few buyers, albeit the root of the problem, which again I stress is the lack of housing supply, will not be addressed. Because demand for housing remains strong.

At worst, such measures will scare developers who will build fewer new properties, afraid of being unable to sell them with such high taxes, further compounding and exacerbating the new build supply crunch.

Proposed solutions to address Spain’s high property prices induced by a supply crunch

In view of the crazy new proposals I’m reading in the press to solve Spain’s housing situation, such as the proposal for 70-year mortgages which will be hereditary from parents to children over multiple family generations (Enslavement 2.0), I have humbly collated below some basic pointers:

By allowing developers to build more properties on reducing the ludicrous admin red tape.
Foster an ambitious nationwide construction program of state-subsidised property for those on low or precarious incomes (social housing or shareholders). The government could kickstart a public program to co-own property. For example, the government would own 80% and the property buyer the 20% balance. Over time, this percentage would gradually shift as the buyer repays the government, until he finally owns the property outright after two, or more, decades of repayments under special subsidised terms. It would not be a handout, but a means to facilitate access to housing for those who struggle with conventional mortgage loans.
Approve audacious tax breaks for taxpayers with mortgage loans over extended periods of time i.e. 20 years plus. Tax breaks for 2 or 3 years are useless, as one cannot plan ahead with such short tax benefits. In order for people to commit financially over extended periods of time (decades) you need tax breaks that match such time periods.
Special tax breaks for first-time buyers (i.e. youngsters) as in other countries.
Special tax breaks for single-parent families (i.e. single or divorced mother raising two kids).
Spanish regional and local administrations, specifically town halls, need to release their iron grip on land and liberalise it instead of hoarding it like dragons of old.
The central government, and all regional administrations, must reduce their strong dependency on housing to raise taxes. This severely impacts on the final asking price buyers pay for homes (approximately by 30%). Public administrations must cease viewing and treating land as their own private piggy bank to finance themselves at the expense of struggling property buyers. There are smarter ways to raise taxes without having to resort to sharply increasing the price of a first necessity good (housing).

In conclusion: Property prices will continue to rise over the next years

Property prices in Spain will continue to rise over the next years no matter what. Specifically new build property, there is no question about it.

Even if the government were to decisively take head-on the problem, and fast-track an ambitious housing program nationwide tomorrow, it would still take several years to implement. Developing land and building houses takes years, it’s no walk in the park. It requires careful planning ahead and immense financial resources.

Even the points I raise above as suggestions would realistically take years to implement and would require resolute bipartisan approval by both leading political parties, which seems unlikely, given the country's broken political unity, marred by ongoing petty squabbles and feuds.

And because none of the above will foreseeably take place on time, certainly not within the next 2 or 3 years, and with the required political decisiveness, is why I believe property prices will continue to soar in Spain in the short and mid-term. Maybe not as sharply as until now, but an upward trend nonetheless.

Unless the government sets sales and rental prices by decree (central planned economy), or a major geopolitical event derails the current situation (global war, new pandemic, fall of the US Dollar as the world’s reserve currency, rise of the AI, etc) the only way for Spanish property prices is up because of the supply crunch.

It simply cannot be fixed short term unless the government expropriates properties from private individuals and companies to bridge the huge property demand gap of 400,000 units a year.

At LNA, our friendly team can assist you in buying (or selling) your property anywhere in Spain. We can also get you any residence visa in Spain. Give us a call!

At Larrain Nesbitt Abogados (LNA) we have over 22 years of experience specialising in property conveyance and taxation all over Spain. We also assist clients with immigration & residency visas, and inheritance procedures (probate). You can contact us by e-mail at info@larrainnesbitt.com, by telephone on our UK line (+44) 0754 3838 218, or Spanish line (+34) 952 19 22 88, or by completing our contact form.

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Ní neart go cur le chéile. VOV.

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The Union opens a legal procedure against Spain for discriminatory tax treatment of non-resident taxpayers

Raymundo Larraín Nesbitt, July, 2. 2025

You can review here our client’s testimonials.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
1^st of July 2025

Well, well, well. Who could have guessed?

The Union formally opened an inquest against Spain on the 18^th of June 2025 for unlawful tax discrimination of non-residents.

Spain levies an annual non-resident tax (in Spanish, Impuesto sobre la Renta de No Residentes or IRNR for short). This tax levies a rate ranging between 1.1% and 2% of the cadastral value of a property. The cadastral value, as a general rule of thumb, is one-third below the market value of a property. For most properties, a couple of hundred euros a year,

Basically, any non-resident who owns property in Spain must pay it.

The Union believes this tax is discriminatory (as Spanish nationals do not pay for it) and also that it goes against the free circulation of capital and people, which is a core tenet of the Union that pervades all its legislation. This is a founding principle enshrined by the Union’s Foundational Treaty of Rome.

Long story short, in all likelihood Spain – again – will be forced to discontinue this non-resident tax as it breaches core principles on which the Union was built in 1957 by its Founding Fathers.

So, if the Union gets all worked up on a paltry tax that raises only a couple of hundred euros a year per taxpayer, imagine its reaction when it gets wind of a new 100% tax against non-resident, non-EU buyers that raises HUNDREDS OF THOUSANDS OF EUROS per taxpayer… bonkers.

Since January 2025, I’ve been relentlessly badgering that the Union would not allow a wayward Member State (read Spain) to enact a 100% tax on non-EU buyers that undermines core tenets of the Union.

Lately, Spain is proving most adept at undermining the unity of any international organisation it belongs to, or picking uncalled fights with other countries (Union, NATO, UN, Israel, Algeria, Argentina, etc), garnering a great deal of international controversy, for the sake of capitalising on it politically for its national audience and deflecting the real domestic issues at hand.

Bottom line, the proposal for a crazy new 100% tax on non-resident, non-EU buyers is dead on arrival. Even if it is enacted, the Union will quash it, and the Kingdom of Spain will have to pay huge compensation to taxpayers as a result, plus interest on top. Let alone lose face and tarnish its reputation in the process.

And all this, for the sake of a single politician’s ambition who is beleaguered by high-profile court cases, day in and day out. And the more politically unstable and charged Spain becomes, the crazier its laws.

In conclusion

If the Union has decidedly started a procedure to put an end to a paltry tax that only raises a few hundred euros a year, imagine what its stance is going to be on a crazy new tax law which levies HUNDREDS OF THOUSANDS of euros per taxpayer (as in effect it DOUBLES property prices) and poses a serious threat to the movement of people and capital within the Union…

The Union must defend itself, not only from foreign threats, albeit - most fundamentally - from domestic foes that threaten our unity and core values. The Union is evolving and must react to face threats to ensure its own survival. There is no strength without unity (Ní neart go cur le chéile).

Being the jaded person I am, I have to question the (very) opportune timing of this announcement, given how the IRNR has been around for decades uncontested. It amuses me to see the Union has brought this up precisely two weeks after the proposal of the new 100% tax was submitted to Spanish Parliament at May’s end. Gee, if I did not know any better, I’d say the Union is slapping Spain’s wrist like a parent does with a spoilt child, warning him to change course of action or else…

"The closer the collapse of the Empire, the crazier its laws are." — Marcus Tullius Cicero (Roman statesman and lawyer).

At LNA, our friendly team can assist you in buying (or selling) your property anywhere in Spain. We can also get you any residence visa in Spain. Give us a call!

At Larrain Nesbitt Abogados (LNA) we have over 22 years of experience specialising in property conveyance and taxation all over Spain. We also assist clients with immigration & residency visas, and inheritance procedures (probate). You can contact us by e-mail at info@larrainnesbitt.com, by telephone on our UK line (+44) 0754 3838 218, or Spanish line (+34) 952 19 22 88, or by completing our contact form.

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Ní neart go cur le chéile. VOV.

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How to buy a new build property from a developer in Spain

Raymundo Larraín Nesbitt, June, 1. 2025

You can review here our client’s testimonials.

Inset photo credit: Development Emare, by ERASUR

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
1^st of June 2025

Introduction

Continuing with last month’s topic (How to buy resale property in Spain), this month we publish an article on how to buy new construction homes from a developer. I leave for next month, how to buy commercial property in Spain.

The following article provides a sweeping outline of the procedure. If you are looking for concrete advice on a given matter, I suggest you follow the supplied links below for more details.

I have greatly abridged the procedure for ease of comprehension. However, if you fancy delving into greater detail, I advise you to read (or download) our free Guide to Buy Property in Spain.

Buying off-the-plan property normally means paying for a property that is under construction and only exists on paper. New builds take 2 to 3 years to build in Spain. During all that time, you will have to make interim payments to the developer and pay the balance of the asking price upon completion.

First stage: The Reservation Contract

New builds, for the most part, are built catering to the highest quality standards, employing only the most modern materials and technical know-how. This has a significant impact on insulation and noise reduction, which in turn impacts on your town hall bills by greatly reducing them. New properties have a smaller carbon footprint, which translates into town halls slashing local taxes to incentivise their construction. In plain English, fortunate off-plan owners can expect to pay significantly lower local taxes, in some cases 50% less, as opposed to older resale properties. On high-end properties, this translates into massive savings of thousands of euros a year! Not to mention you are actively contributing to saving the planet.

After making enquiries and looking around for a property you may have taken a liking to one. Off-plan properties are normally listed by developers, real estate agencies or property portals such as IDEALISTA. They will nudge you to sign what is known as a reservation contract (or holding deposit) which strikes the new-build property off the market for a pre-agreed period of time, normally spanning 30 days. During this time, the property is tied and cannot be viewed by third parties, nor can any further contracts be signed over it.

The security deposit normally ranges from €3,000 to €6,000, depending on the asking price. High-end properties command larger deposits. The deposit contract is a succinct document that is normally only one page long. It has very few details, amongst them the developer´s name and company details, the development’s facilities, a general property description and the asking price.

The reservation deposit is deducted from the final asking price at completion (third stage, see below).

Pro-tips:

The first thing a buyer needs to do is open a non-resident bank account. This is required to transfer the amounts for stages two and three below, and also to arrange direct debits on the property and pay local taxes.

It is strongly recommended you hire an independent conveyance lawyer from the outset (prior to signing a deposit contract). On following this simple, yet essential, advice buyers stand to sidestep most blunders on buying off-plan property in Spain.
You should not pay any deposit unless the developer has supplied you with a copy of a Building Licence (BL). The reason is because bank guarantees, which secure all your stage payments, require a BL to be valid. In plain English, if there is no granted BL, your bank guarantee is worthless. You would lose all your money without any legal recourse. More details in our article Law 20/2015: Important new bank-guarantee legislation explained for offplan buyers.
Reservation deposits are non-refundable unless expressly worded otherwise.
You need to apply for a NIE number (Tax Identification Number for Foreigners). This is an important document that is required by all administrations, including banks. We can get you a NIE in under 2 weeks. More details in our article: NIE Number Explained.

Second stage: Signing a Private Purchase Contract

Before 30 days are up, you will be expected to sign what is known as a private purchase contract (or PPC for short). In Spanish, this is known as Contrato Privado de Compraventa. In English law, we know it as Exchange of Contracts (or Exchanges for short). The PPC will be a long legal contract that lists the buyer and seller´s personal details, a full property description, the agreed sales price, the schedule of stage payments, the buying terms and the time frame to complete before a Spanish Notary Public.

Your lawyer will supply you with a report on title, so you are perfectly aware of the legal situation of the property you want to buy before committing to sign a private agreement. This report on title should cover the following buyer’s checklist:

Is the developer creditworthy?
Construction track record?
Has the developer filed for creditor receivership?
Does the developer own the land?
Is there a Building Licence?
Are there any planning issues overshadowing the development?
Is the construction site compliant with Spain’s Coastal Law?

Normally, on signing a PPC, you are expected to make a down payment equivalent to 10% of the purchase price, which is deducted upon completion from the asking price (stage three). This amount of money is non-refundable.

Besides this down payment, you will be expected to pay approximately 35% of the final sales price in stage payments over the next two years. These are deducted at completion (stage three) from the balance owed.

Pro-tips:

All stage payments (including the initial reservation deposit mentioned in stage one) are secured by what are known as bank guarantees. I simply cannot stress enough its importance. This document will be handed to you each time you make a stage payment and acts as a safety net on all the interim payments you make until the property is built. This safeguards your money in the event the development is not finished or if the developer files for bankruptcy proceedings. Attaining copies of a bank guarantee is the top priority for your appointed conveyance lawyer. If your stage payments are not covered by a bank guarantee, you run the risk of losing all your money.
Remember to store safely a copy of all the stage payments you make to the developer, as they will be required upon completion by the notary in compliance with Anti-Money Laundering Regulations. You may also need them further on should you instigate legal proceedings against a developer.
A developer cannot amend the agreed delivery date of a property worded in the PPC without your prior written authorisation. A change of a few months on the agreed delivery date is generally acceptable, but more extended periods of time require the buyer’s written authorisation as it is a contractual change. And, should they do so, they need to serve you formal legal notice and even compensate you for serious delays (six months plus). A serious delay is a contractual breach of agreement that allows you to cancel the contract and opt for a full refund.

Third stage: Completion

One of the particularities of buying off-plan property, is that completion normally takes place two years after signing the PPC (stage two). The reason being is that the property is under construction and you only complete when it is delivered legally.

Once a developer has attained a Licence of First Occupation, or legal equivalent , he will serve a two-week legal notice to the buyer (or his lawyer) to complete on the property.

Completion is the term used to sign the title deed which is witnessed by a Spanish Notary Public. Additionally, if mortgage finance is required, a second deed is signed called a mortgage deed. Completion is the time when you pay the balance owed, normally 65% of the sales price.

You should read carefully through the deed before you sign anything. This is particularly true of a mortgage deed. Your lawyer should ensure you do not sign abusive mortgage clauses.

If you need a mortgage loan to complete on the property, it is highly advisable you negotiate a reasonable time frame to secure it i.e. 45 to 60 days. This is particularly true if a borrower is non-resident. A borrower requires an Offer in Principle (or Agreement in Principle) from his lender known as Oferta Vinculante in Spanish. By law, borrowers must pass a short exam in Spanish on their mortgage terms and conditions in line with Consumer Law protection (your lawyer can take the test for you).

At completion, you take legal possession of the property which is symbolized by being handed over the house keys.

At completion, you may be surprised to find a great number of people:

The developer’s legal representative and his lawyer.
The bank´s representatives (if a mortgage loan is required).
The estate agent
A translator.
And finally, the notary himself.

Pro-tips:

I strongly advise NOT to complete before you are handed a copy of a Licence of First Occupation (LFO, for short). This key document ensures the property is above board (at least in most cases). Completing without a LFO has associated a large number of problems:

It provides a check on the planning legality. A LFO means the developer has built the dwelling in accordance with the original town hall’s Building Licence as well as with all Planning laws. The inspection to grant this licence is carried out by town hall’s technicians who certify a dwelling is deemed apt for human habitation. If there is no LFO granted, it may mean the property has fallen foul of planning regulations.
It is required by utility companies to have access to official supplies: water, electricity and gas. Spanish law requires the granting of a LFO to hook up the dwelling to the supply grid. Otherwise, you will be on the builder's supply, which is precarious at best.
Lenders will ask for it if you require finance. Banks will also be asking you for a LFO. Even on reselling the property, buyers will demand a copy of a LFO. If there is no LFO, banks will refuse to finance the purchase, in which case you vastly reduce the pool of prospective buyers, as 80% of buyers need a mortgage loan to complete in Spain. You could be waiting many years to sell the property.
Holiday lettings. If you are looking to buy as an investment (buy-to-let), a LFO is required by Regional Tourist Authorities to attain a Tourism Licence. If your property hasn’t attained a first occupancy licence, you will not be able to rent out your house in the short term and may be landed with humongous fines if caught red-handed. The fines for non-compliance are eye-watering in some regions of Spain e,g, Catalonia.

Unlike in other countries, such as the United Kingdom, where chartered surveyors are normally hired only on buying resale property, I strongly recommend you hire one to carry out a snagging list of your Spanish new-build. The time to detect and mend all outstanding construction flaws is before completion. Once you complete, you lose your leverage unless your lawyer has practised a retention, which in practice is fairly challenging and should not be relied upon. Commissioning a comprehensive snagging report avoids countless problems and is worth every eurocent in my experience. Once all the construction flaws are fixed by the developer, you can complete at the notary. More details in our article Off-plan construction guarantees in Spain.
Failure to secure a mortgage loan in time may result in the loss of the 10% deposit. The developer will always offer a buyer to subrogate himself in his legal position, taking on the developer´s mortgage loan. However, the pre-agreed terms and conditions with a developer are not always suitable for an individual borrower, which is why you should shop around and compare with other mortgage offers.
It goes against a buyer´s best interests to under-declare part of the sales price at completion (besides being illegal). More on why in my article Taxes on selling Spanish property.
You should immediately replace all the locks of your new property (including storage rooms) as countless people have had access to copies of your home keys during the construction phase. This avoids thefts and break-ins during the first months.
Request an Energy Performance Certificate from the developer prior to completion. Properties with high energy efficiency ratings qualify for tax rebates of up to 20% on their local town hall tax (i.e. IBI tax).
Request a 10-year building warranty from your developer.

Fourth stage: Post-Completion

Post-completion at the notary office, your lawyer will file and pay the buyer´s taxes and then lodge the title under your name at the land registry. Title registration normally takes several weeks.

Congratulations, you are now the official owner of a Spanish property. Enjoy!

You should open a Spanish bank account if you haven’t done so already. Utility companies do not accept overseas payments. You should set all the below as direct debits against your Spanish account:

Utility bills (water, electricity, landline, gas, internet, security, etc).
Rubbish collection tax. Refuse charge is paid one or more times a year, depending on your town hall.
IBI tax. Normally paid annually (akin to the UK’s Council tax).

Pro-tips:

On owning property in Spain, it is strongly recommended you make a Spanish will. This avoids your heirs a great deal of problems, saving them time, money and aggravation at a time of bereavement. Spanish wills are exclusive only to your Spanish estate. Ideally, I advise you to make two wills; one in your home country and one in Spain dealing exclusively with your Spanish estate.
You should set as a direct debit all utilities.
You should set as a direct debit all local taxes on your property (such as IBI and garbage collection tax). On new build properties, IBI bills are normally received two years after completion.
On owning property as a non-resident, you must appoint fiscal representation to comply with your annual Non-Resident tax filing. You start paying this tax on the following year of the property purchase.
If you plan to rent out your property as a holiday home accommodation, some regions in Spain have stringent laws on the matter – seek legal advice. You may need to apply for a Tourism licence, or you register your holiday rental home. Non-compliance attracts humongous fines.
Buyers should be mindful of La Complementaria or Bargain-Hunter tax.

Associated taxes and fees

As a rule of thumb, purchase costs add 10 – 13% over and above the asking price.

Please take thorough legal advice to budget your purchase before you commit. You can read our article Taxes on buying property in Spain.

On buying new property in Spain, buyers face the following taxes and associated fees:

Taxes

Value Added Tax (IVA, in Spanish): 10%.
Stamp Duty (AJD, in Spanish): 0.5% – 1.5%

Fees

Notary fees (to witness the sales and mortgage deed): approx. 0.1 – 2 %
Land Registry fees (for the inscription of the deeds): approx. 0.1 – 2 %
Mortgage & gestoría fees (if finance is required): 1 – 2 %
Lawyer’s fees: 1 – 2 %

Pro-tips:

On selling property, almost all the above-listed items are tax-deductible. It is strongly advised that you keep hard copies of all the invoices above. This will greatly mitigate a seller’s Capital Gains Tax (19% tax rate for non-residents). More details in our taxation article: How to avoid capital gains tax when selling property in Spain.
Storage rooms (trastero) and car parks (plaza de garaje) sold as separate legal units from the main dwelling, attract a VAT of 21%.

Where to buy property in Spain?

Spain is a wonderful country that offers multiple enticing options catering to all tastes. It is not without good reason that Spain is the second most visited tourist destination in the world!

You will be spoilt for choice: Barcelona, Costa del Sol, Granada, Madrid, Malaga, Mallorca, Seville, Sotogrande, or Valencia.

If you need a visa to stay in Spain, I advise you to read our article on the matter: Moving to Spain in 2025? Spanish visa overview.

Conclusion

The Spanish government pursues a lofty goal of facilitating access to the property ladder for its struggling nationals who, in most cases, are priced out of the market. However, these well-meaning laws have backfired as the government’s misguided housing policies have greatly increased the red tape, leading developers to build fewer new homes compared to previous decades. This has triggered an affordability crisis in Spain.

Under 100,000 new homes are built a year (Spain ranks as the second country in the EU that builds fewer homes), while Spain’s annual housing demand is well over 500,000 and growing steadily due to unbridled immigration. This housing stock shortage translates into a supply crunch, which has led new builds to appreciate by two digits a year, especially in large Spanish cities (such as Barcelona, Madrid, Malaga and Valencia). Indirectly, these housing policies have also caused rental prices to soar i.e. by 20% in Madrid in 2024.

Although other underlying reasons have also contributed towards the house price hike (such as the disruption in the global supply chain of construction materials caused by the Covid-19 pandemic or the unbridled rise of inflation caused by QE which incentivises savers to pile their savings into real estate to hedge against inflation), Spain’s housing shortage is the main factor by a long shot. Although Spain indeed built a large glut of housing in the last property boom, most of these units are poorly located, far from city centres, and with poor infrastructure, making them unfit and far less attractive compared to sought-after newer developments.

Unfortunately, following years of the government’s inaction and oversight, there is no quick solution in the short or mid-term, as land takes several years to be developed. We can expect new build prices in Spain to continue to increase without reprieve over the next 3 to 5 years, given the strong fundamentals for housing demand, both domestic and foreign.

Ironically, the government’s housing policy, which aimed to treat housing as a basic necessity and not as a speculative asset, has had the opposite effect. New builds, because of the government’s induced supply crunch, have become the hottest asset, greatly appreciating year-on-year. If you also factor in huge rental yields growing by two digits a year, also caused by the government's intervention in the rental market with its new Housing law from 2023, you have the perfect recipe for investors to pile in and buy property in Spain as buy-to-lets fuelling a new property speculative bubble. The road to hell is paved with good intentions.

In my humble opinion, Spain’s government should step in decisively and defuse the housing situation they have created by cooling down housing prices on allowing developers to build more units and also by proactively fostering state-subsidised property nationwide on a large scale. Banning golden visas or approving a 100% tax on property purchases by non-residents is not the way, as builders will build even fewer homes, further exacerbating and compounding the housing problem.

To close, hiring a seasoned lawyer pays for itself on all the money you stand to save on avoiding the most common pitfalls of buying new build property in Spain. Whilst it is possible to buy property in Spain without using a lawyer, it would be very unwise to do so, particularly if you are a foreigner, as you would be gambling away with your life savings. I should also mention that lawyers’ fees are tax-deductible on selling the property (CGT)!

Make sure you are assisted in your house-hunting by reputable experts (such as a long-established real estate agency, a reliable mortgage broker or a seasoned conveyance lawyer) to benefit most from the wide range of available new builds – you will be spoilt for choice!

It is important you avoid being pressurised into completing; take your time to fully assess the information you are supplied, and do not hesitate to ask any questions. As a quick recap, I advise you to read our article 8 tips on buying new property in Spain.

And finally, as a golden rule for new builds, I draconianly advise not to complete without a Licence of First Occupation.

At LNA, our friendly team can assist you in buying (or selling) your property anywhere in Spain. Give us a call.

At Larrain Nesbitt Abogados (LNA) we have over 22 years of experience specialising in property conveyance and taxation all over Spain. We also assist clients with immigration & residency visas, and inheritance procedures (probate). You can contact us by e-mail at info@larrainnesbitt.com, by telephone on our UK line (+44) 0754 3838 218 or Spanish line (+34) 952 19 22 88, or by completing our contact form.

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Ní neart go cur le chéile. VOV.

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