BUYING A PROPERTY IN SPAIN AND INFORMATION ABOUT THE GOLDEN VISAS (investment based residency) IN SPAIN
We strongly advise that you choose an independent lawyer who specialises in Spanish land law.
Please be extremely cautious if an estate agent or lawyer urges you to cut corners to save money or time.
A Spanish notary public will be involved in preparing the contract of sale and issuing the title deeds. As the buyer, you have the right to choose which notary you use. The notary is a public servant who has a duty to provide you with impartial legal advice on all aspects of the contract before you sign and advise you to seek advice from the notary at the earliest point in the proceedings. When a date is set for signing the contract, you should go 3 days beforehand to visit the notary and ask any questions you may have about any aspect of the contract. A full list of English-speaking notaries can be found here
If you choose to work with a British estate agent or lawyer, check that they are qualified, reliable and have experience of property sales in Spain. If your lawyer is based in Spain, ask to see a copy of their registration number and check that they are registered and practising with the local bar association (Colegio de Abogados).
Also check that your lawyer has professional indemnity insurance and do not sign any papers or hand over any money until you have taken independent legal advice.
If you do not have an understanding of Spanish, ensure that you get all contracts and relevant documentation translated by an independent translator.
Buying property in certain areas
If you are thinking of purchasing a coastal property you should contact the Coastal Demarcation office in your region to get a certificate to certify that the property is not affected by the 1988 Coastal Law. Bear in mind that while it is possible to view the coastal boundaries of the public maritime areas online on the Environment Ministry’s website, this may not provide sufficiently accurate information on which to base a property purchase.
Be cautious if the Land Registry record shows that the property you wish to buy is built on rural land. It may be that this type of land is reserved for agricultural use and you need to undertake additional checks with the municipal and regional authorities to ensure that full planning permission has been obtained for residential use.
Golden Visas in Spain
Golden Visa in Spain with €500,000 investment.
Permanent Residency and Citizenship
With an investment of over €500,000 it is possible to apply for permanent residency in Spain after living in the country for five years. Citizenship can be applied for after full time living for ten years. Although the temporary residency permit (the golden visa) can be easily renewed without living in the country, the route to both permanent residency and citizenship requires the investor and their family to reside in Spain. For this reason many investors prefer the option of Portugal where such residence is not a requirement and the process is slightly simpler.
So, for application to Spain for Golden Visa you must:
- Invest €500,000
- Full family can have residency including children and parents of the spouses
- Flexible. No requirement to reside. (for residency only)
- Permanent Residency from 5 years
- Citizenship & Passport from 10 years (if residing full time)
- EU Schengen visa travel within 26 Countries.
What do I need to know before I travel to Spain for investing and Golden Visas?
- Spain is a large country, you should choose the area you would like to buy a property in Spain first. Real Estates Link.
- Discuss your preference and criteria with our property advisors.
- Remember you must spend minimum of 500,000 Euros for the property to qualify.
- Funds must be in another country and proof of bank transaction will be required.
- Buying Cost will be around 11-12% on the top of the property of your choice. This is including the legal fees, tax, VAT, Stamp Duty and Notary.
- Investments may be spread over several properties as long as minimum of 500,000 Euros is spent.
- If you can prove majority of the ownership documents of a foreign company then you may do your investment via this company.
- there is a certain flexibility to borrow part of the property money from your own country or outside of Spain.
- Non married partners and their families can also entitle to have the Golden Visas in Spain.
- Children over 18 years old may also be subject to the entitlement if they have serious health issues and not objectively able to look after themselves.
- There is no requirement for minimum stay in Spain for the Golden Visas (residency)
- This visa does not need to be renewed within the first 5 years
- As there is no residency requirement, you do not need to be a tax resident in Spain.
- Permanent Residency would be issued if the applicant/s is / are complied with the rules.
- The Visa will allow the applicants to have unlimited travel throughout the Schengen Countries in Europe. N.B. United Kingdom is not a part of the Schengen Countries.
- Investment/s can be sold after the first five years.
- Applicants must be able to prove that they have travelled to Spain at least once within the first two years and once more within the three subsequent years.
- Following the property purchase being registered in the Notary you and your relevant family members can work in Spain. After 5 years, the family can live, work or study anywhere in Europe within the EU.
- Main applicant must be 18 years old or over and have entered or stayed legally in Spain.
- Applicant and applying family members must not be refused entry to any of the Schengen Countries.
- Have sufficient economic means to finance own and family’s needs and expenses.
- Have public or private insurance from a company which legally operates in Spain.
- Investment can be made of a residential, touristic, rural, commercial or industrial nature, rural land, developed land, buildings under construction, or derelict buildings.
- We provide free advice if you contact us here.
After several years of declining values, real estate is now at rock bottom prices and the Spanish property market offers considerable potential for capital gains in the coming years. Investors need to consider their purchase carefully, e.g. is it for investment and rental or full time living? There are many offers on the market from developers and banks but location and property type is critical to the success of your investment. Investors requiring our services may wish to contact us for more information.
The tax system in Spain operates on the same basis as the tax system in the UK or other EU Countries. For example, in the UK, those who are resident for tax purposes are taxed on their worldwide income, regardless of the country in which it has been earned. Those who are not resident for tax purposes are taxed only on the income arising in the UK. A Double Taxation Convention between Spain and the UK operates to prevent income being taxed in both countries when a resident of one country has income arising from their earnings in another country. For other countries it may be similar but we advise you to check with the tax office in your own country and take independent legal advice.
In the case of pensions for past Government service, double taxation is avoided by allocating an exclusive right to tax to the paying state. This means that in all cases where a UK Government Service pension is paid to a Spanish resident it will be taxable only in the UK, apart from where, exceptionally, it is paid to a Spanish national. For other countries, please check for current rules with your pensions advisor and the appropriate government office.