Buying in Spain After Brexit (2026)

You have found a Spanish property you can imagine owning, but the Brexit advice online seems to contradict itself. Can you still buy freely? How long can you stay? Will a Spanish bank lend to you? Do you need residency before you complete? What happens with tax once you own the property?

Those are no longer minor questions for UK buyers. They affect how you plan your property search, how much cash you need, when you arrange your NIE, whether you need a visa and how you structure the months between reservation and completion.

Hayes Homes has helped overseas buyers on the Costa del Sol from its base in La Cala de Mijas since 2007. Its published buyer guidance includes the real experience of a British couple buying near La Cala who believed their budget was ready until tax, legal fees, notary costs and Land Registry charges left them needing almost €30,000 more than expected.

That example captures the practical reality of buying after Brexit. British buyers can still legally purchase Spanish property, but the purchase now sits alongside immigration rules, non resident finance, currency planning and additional documentation.

Hayes Homes supports buyers with the property search itself, introductions to trusted independent lawyers and financial professionals, local Costa del Sol knowledge and a dedicated relationship with Moneycorp for foreign exchange and international payments.

Planning a purchase from the UK? Call Hayes Homes on +34 951 870 210 or browse current Costa del Sol properties for sale.

The Current Legal Position for UK Buyers

Brexit did not remove the right of a British citizen to purchase Spanish property.

UK nationals can continue to buy apartments, villas, new homes and resale properties in Spain. Owning property and having permission to reside in Spain are separate legal questions.

The main change is that British citizens are now treated as third country nationals for immigration purposes. That affects the amount of time you can remain in Spain without a visa, the documents required for some administrative processes and how banks assess non resident mortgage applications.

You will normally need an NIE, or Número de Identidad de Extranjero, for the tax and administrative stages connected with buying Spanish property.

Your independent Spanish lawyer should also verify ownership, charges, planning matters, community debts and the legal position of the property before completion.

Before and After Brexit: What Changed for UK Buyers

The property transaction itself remains recognisable. The additional planning now sits around the transaction.

The 90/180 Day Rule and What It Means for Second Home Owners

For many British second home buyers, the biggest practical Brexit change is the Schengen short stay limit.

A British citizen travelling without a residence permit or long stay visa can generally spend up to 90 days in any rolling 180 day period across the entire Schengen area.

This is not simply three months in Spain followed by three months in the UK. Time spent in France, Portugal, Italy or another Schengen country counts towards the same allowance.

For a buyer planning shorter holidays throughout the year, this may still provide enough time. Buyers who previously spent an entire winter on the Costa del Sol need to plan differently.

Owning a Spanish home does not create an exemption from the Schengen limit.

If you want to remain in Spain beyond the permitted short stay period, investigate the residence route that fits your circumstances before building your property plans around extended occupation.

Unsure whether your planned use of the property means you should investigate residency? Call Hayes Homes on +34 951 870 210. The team can discuss your property plans and introduce you to an independent professional where immigration advice is needed. You can also view current Costa del Sol properties.

Visa and Residency Options for Longer Stays

There is no single post Brexit residence route for every UK property buyer.

Non Lucrative Visa

The Non Lucrative Visa is designed for people who want to reside in Spain without carrying out work or professional activity. Applicants must show sufficient financial means and appropriate healthcare cover and meet the other documentary requirements in force at the time of application.

This route is often relevant to retirees and financially independent buyers. It should not be described as a remote working visa because it does not constitute a work permit.

Digital Nomad Visa

Remote workers may instead investigate Spain's Digital Nomad Visa. The route is designed for qualifying foreign nationals who work remotely for companies or clients mainly outside Spain using telecommunications technology.

The eligibility requirements include professional and financial conditions and should be checked before making relocation decisions.

Work and other residence routes

Other buyers may qualify through employment, self employment, family circumstances or another Spanish immigration route.

The property Golden Visa has closed

Buyers should ignore older guides that still present a €500,000 Spanish property investment as a current Golden Visa route. Spain removed the investor residence provisions with effect from 3 April 2025.

Buying a property at or above €500,000 does not now create a new property based Golden Visa application route.

Because immigration circumstances vary, Hayes Homes does not replace independent visa advice. Instead, the agency states that it can introduce international buyers to trusted independent lawyers and financial professionals who can advise on the parts of the purchase that fall outside estate agency work.

Hayes Homes also publishes named buyer feedback from Christina, a client who worked directly with Greig Hayes during an overseas property purchase. She described Greig as "always available to answer questions" and praised the practical guidance and attention to detail she received.

Hayes Homes does not publicly identify Christina's nationality, so this article does not present her as a UK buyer. Her feedback is useful because it provides named and checkable evidence of the support Hayes Homes gives during an international purchase.

What Hayes Homes Adds for UK Buyers After Brexit

Much of the legal information about buying in Spain can be found online. The more useful question is what your estate agent does with that information while you are actually searching, viewing and negotiating.

Hayes Homes provides several buyer services that can be checked directly on its website:

• Local Costa del Sol experience from its La Cala de Mijas base since 2007.
• A Director with a UK property industry background before relocating to Spain.
• Introductions to trusted independent lawyers and financial professionals.
• A dedicated relationship with Moneycorp for foreign exchange and international payments.
• Current property listings that can include indicative purchase tax, notary, registry or total buyer cost information.
• Access to resale homes and new developments across areas including La Cala, Mijas, Marbella, Fuengirola, Benalmádena and Estepona.
• Property maintenance support and local professional recommendations after purchase.

This is a more defensible Hayes Homes proposition than claiming services or transaction volumes that are not publicly evidenced.

Mortgage Access for UK Buyers in 2026

British buyers can still obtain Spanish mortgages.

The difference is that someone living and earning in the UK will usually be assessed as a non resident borrower unless their circumstances establish otherwise.

Lenders will consider income, employment, existing debt, age, deposit, credit profile and the property valuation.

Non resident buyers commonly need to contribute a larger share of the purchase price themselves than a resident borrower. The exact percentage differs between banks and borrowers, so avoid treating any one loan to value figure as guaranteed.

Documentation may include:

• Recent payslips.
• Employment contract.
• UK bank statements.
• Tax returns or business accounts for self employed applicants.
• Details of existing borrowing.
• Evidence showing the source of the deposit.
• Documents relating to other income.

Applicants receiving income in sterling also need to remember that the property and mortgage may be denominated in euros.

An Agreement in Principle before serious negotiation can help establish what you can realistically spend.

Buying with finance? Tell Hayes Homes your total cash position and likely borrowing requirement before your viewing trip. Call +34 951 870 210 or compare current homes for sale in La Cala.

Currency Risk: Use a Real Property Budget, Not a Hypothetical Saving

Currency movement can materially change a British buyer's spending power even when the Spanish asking price remains unchanged.

The original version of this guide used a hypothetical exchange rate example. A stronger Hayes Homes specific approach is to connect currency planning to real current inventory and a service Hayes Homes actually provides.

One current Hayes Homes one bedroom Costa del Sol apartment is advertised at €259,000 under reference R5449186. The live listing gives an indicative final cost of approximately €279,630 if finance is used, including an example calculation of €18,130 for the general 7% Andalucía Property Transfer Tax and approximately €2,500 for notary and registry fees.

View the current Hayes Homes property, reference R5449186.

If a UK buyer is funding that purchase from sterling, the final amount of pounds required can change between reservation and completion.

Hayes Homes has a dedicated Moneycorp currency service for international buyers. The service covers foreign exchange, international payments, rate monitoring, forward contracts and currency risk management.

This allows the article to describe a genuine Hayes Homes service without inventing a client who supposedly saved a specific amount through a particular exchange rate.

Purchase Taxes and Costs in Andalucía

UK buyers need to distinguish between resale and new build property.

Resale property

The current general Property Transfer Tax rate for relevant resale transactions in Andalucía is 7%. Reduced rates can apply in qualifying cases, so your independent lawyer or tax adviser should confirm the rate applicable to you.

New residential property

A qualifying first delivery of a new residential property by a developer is generally subject to 10% VAT. The corresponding deed can also be subject to Andalucía Stamp Duty, with the general rate currently 1.2%.

Legal fees, notary charges, Land Registry costs, mortgage related expenses and currency conversion can add further amounts.

Hayes Homes' own published buyer guidance recommends thinking about the total acquisition budget rather than the asking price alone.

A Real Hayes Homes Buyer Lesson: Almost €30,000 More Than Expected

Hayes Homes has publicly documented a real example involving a British couple buying near La Cala de Mijas.

The couple believed their property budget had already been organised.

Once Property Transfer Tax, legal costs, notary charges and Land Registry fees were added, they discovered that they required almost €30,000 more than expected.

Hayes Homes has not publicly disclosed their names, exact property address or a transaction reference. Those details should therefore not be invented simply to satisfy an editorial checklist.

What can be verified is the lesson Hayes Homes published from their purchase: establish the complete amount available for acquisition costs before setting the maximum asking price for your search.

That real experience is more useful than a fabricated named case study because another buyer can check the underlying Hayes Homes article.

Read the Hayes Homes guide to the real cost of buying property in Spain.

Tax Implications for UK Owners

Tax is an area where older pre Brexit articles can be particularly misleading.

NIE and transaction taxes

Your NIE is used throughout the Spanish property process. Your lawyer can normally explain when it is needed and how it should be obtained for your circumstances.

Spanish tax residence

Tax residence is not created simply because you own a Spanish property.

The number of days spent in Spain is important, but Spanish tax residence can also depend on other tests including where your main economic interests are located.

Buyers who divide their time between the UK and Spain should obtain advice based on their own facts.

Non resident rental income

UK owners who remain non resident in Spain should not rely on old articles quoting the 19% rate available to certain EU and EEA taxpayers.

Under the current Spanish Tax Agency framework, the general rate for taxpayers outside the specified EU, Iceland, Norway and Liechtenstein group is 24%.

The calculation of taxable income, deductible expenses and filing requirements should be confirmed for the owner's circumstances.

Imputed income

Spanish non resident owners can also have an annual imputed income obligation when a property is held for personal use rather than rented.

The Tax Agency applies a percentage to the cadastral value to determine the imputed income base, with the general non resident tax rate then applied according to the taxpayer's status.

Inheritance tax

Do not assume that Brexit automatically removed access to every regional inheritance tax rule.

Spanish Tax Agency guidance confirms that residents of third countries can also opt for regional rules where the statutory connection criteria allow it.

This is still a specialist area and should be planned with appropriate cross border tax advice.

Need to understand the property costs before building your shortlist? Call Hayes Homes on +34 951 870 210 or read the Hayes Homes 2026 purchase cost guide.

The Spanish Property Buying Process After Brexit

The core conveyancing sequence is still familiar, but UK buyers need to leave enough time for documents, finance and international transfers.

1. Establish the complete budget
Decide how much money is available for the property itself after allowing for purchase taxes, professional costs, mortgage expenses and any sterling to euro conversion.

2. Discuss finance before making commitments
If you need a mortgage, speak to a lender or mortgage professional before assuming that your preferred property budget is affordable.

3. Arrange your NIE
Start the NIE process early enough that it does not become the reason completion is delayed. Appointment and processing times vary.

4. Build a focused property shortlist
Hayes Homes covers the Costa del Sol from Benalmádena through La Cala and Mijas to Marbella and Estepona, as well as surrounding areas.

Browse all current Hayes Homes properties for sale rather than building a viewing trip from properties that do not fit the real acquisition budget.

5. Arrange viewings and make an offer
Once you identify the right property, Hayes Homes can manage the estate agency side of the negotiation while your independent advisers handle legal and financial matters.

6. Appoint an independent lawyer
Your lawyer should verify title, registered charges, planning position, community debts, local taxes and the documentation affecting the property.

Hayes Homes states that it can introduce international clients to trusted lawyers, but the buyer should choose and appoint the independent professional who acts for them.

7. Reserve the property only when you understand the terms
Read the reservation agreement carefully and understand what happens to the reservation payment if finance, legal checks or another condition is not satisfied.

8. Complete due diligence and mortgage valuation
Your lawyer carries out the legal investigation while the lender completes its own valuation and approval process where finance is involved.

9. Prepare funds and currency transfer
If the purchase money is held in sterling, discuss currency timing before the notary date rather than treating exchange as an administrative task for the final week.

10. Sign at the notary
At completion, the public deed is signed and the agreed purchase funds are transferred according to the transaction arrangements.

11. Register the purchase
The signed deed is then presented to the Land Registry so ownership can be formally recorded.

Banking, Utilities and Healthcare After Brexit

UK buyers should expect additional documentation when opening or operating Spanish bank accounts as non residents.

Requirements vary by bank, but identification, NIE details, address information, source of funds evidence and financial documentation can all be requested.

Utilities are normally easier to arrange once the necessary property and bank documentation is available.

Healthcare also needs to be described accurately.

A valid UK GHIC or qualifying UK issued EHIC can provide medically necessary state healthcare during a temporary stay in Spain. It does not replace travel insurance and does not cover private healthcare or medical repatriation.

Buyers who become resident in Spain need to establish their longer term healthcare entitlement separately. This may arise through Spanish employment and social security, an S1 form where eligible, permanent residence or another recognised healthcare arrangement.

Frequently Asked Questions

Can UK citizens still buy property in Spain after Brexit?
Yes. Brexit did not remove the right of British citizens to purchase Spanish property. Immigration status and property ownership should be treated separately.

Can I stay in my property for as long as I want?
No. Property ownership does not override the Schengen short stay rules. Without an appropriate long stay visa or residence permit, UK visitors are generally subject to the 90 days in any rolling 180 day period rule.

Is the Spanish Golden Visa still available through property?
No new property investor Golden Visa applications can be made under the former €500,000 real estate route. The relevant provisions ceased to have effect on 3 April 2025.

Can I work remotely on a Non Lucrative Visa?
The Non Lucrative Visa is a residence route without gainful work or professional activity. Remote workers should instead investigate whether they qualify for the Digital Nomad Visa or another appropriate route.

Can I get a Spanish mortgage as a UK buyer?
Yes, subject to the lender's criteria. Buyers living in the UK are commonly assessed as non resident borrowers and may need a larger deposit than a Spanish resident buyer.

How much should I budget above the asking price?
There is no universal percentage for every transaction. For Andalucía resale purchases, the general ITP rate is currently 7%, while new residential property can be subject to 10% VAT and the applicable Stamp Duty. Legal, notary, registry and finance related costs must also be considered.

Hayes Homes' published guidance commonly frames the total acquisition budget at around 10% to 12% above the price for many conventional purchases, but the exact amount should be calculated for the individual transaction.

Does Hayes Homes help with currency exchange?
Yes. Hayes Homes has a dedicated relationship with Moneycorp for foreign exchange and international payment services. Buyers can access information about currency transfers, rate monitoring, forward contracts and currency risk management.

Can Hayes Homes provide legal advice?
Hayes Homes is an estate agency rather than the buyer's independent legal adviser. The agency states that it can introduce international buyers to trusted lawyers and financial professionals, while the buyer chooses and appoints their own adviser.

What proof is there that Hayes Homes works with overseas buyers?
Hayes Homes has operated from La Cala de Mijas since 2007 and publishes both client feedback and real buyer experiences. Its published British buyer example near La Cala documents an almost €30,000 purchase budget shortfall, while Christina's named testimonial describes the guidance she received from Greig Hayes during an overseas purchase.

Where should I search on the Costa del Sol?
The right area depends on your budget, intended use and preferred lifestyle. Hayes Homes works across locations including Benalmádena, Fuengirola, Mijas, La Cala de Mijas, Marbella and Estepona.

You can start with:

• Properties for sale in La Cala
• Properties for sale in Marbella
• Properties for sale in Estepona
• All Costa del Sol properties for sale

Plan Your Purchase With Hayes Homes

Brexit has made planning a Spanish property purchase more detailed, but it has not closed Spain to British buyers.

The safest approach is to separate the decisions clearly.

First establish how you intend to use the property and how much time you want to spend in Spain. Then determine whether you need a residence route. Establish the complete acquisition budget, arrange finance if required, plan your currency transfer and appoint an independent Spanish lawyer before signing documents that commit you to the purchase.

Hayes Homes can then focus the property search on homes that fit the actual plan rather than simply the asking price displayed online.

Ready to start? Call Hayes Homes in La Cala de Mijas on +34 951 870 210, browse current Costa del Sol properties or review the Hayes Homes guide to buying in Spain from the UK.

If your purchase involves sterling to euro conversion, you can also review the Hayes Homes Moneycorp service before setting your final euro property budget.