A British couple who just bought in Mijas want to spend October to April there each year. What must you tell them about the 90/180 rule?
- Owning a Spanish home lets them stay as long as they like
- The rule only applies to people without a property in Spain
- As UK nationals they can stay up to 90 days in any 180-day period across the Schengen area, so seven months needs a long-stay visa
- They can reset the count by flying to London for one night
Since 1 January 2021 UK nationals are third-country visitors limited to 90 days in any rolling 180-day period, counted across all Schengen states. Property ownership changes nothing. For longer stays they need a visa such as the non-lucrative visa, so refer them to an immigration lawyer.
De la Guía Luzón, EES and ETIAS for UK nationals visiting Spain (2026-10-06) What changed at Spanish borders for British owners with the EU Entry/Exit System (EES)?
- Since 10 April 2026 the system is fully operational and records each entry and exit digitally with biometrics, so overstays are detected automatically
- Nothing, it is still a voluntary pilot
- It only applies to flights from outside Europe
- It gives British owners an automatic 180-day allowance
EES started progressively on 12 October 2025 and has been fully operational at all external borders since 10 April 2026, replacing passport stamps. It calculates stays automatically, and an overstay can lead to a Schengen entry ban of up to three years.
De la Guía Luzón, EES and ETIAS for UK nationals visiting Spain (2026-10-06) A British client asks if he must apply for ETIAS before his viewing trip to Marbella in November 2026. What is the accurate answer?
- Yes, it has been compulsory since 2025 and costs EUR 7
- No, ETIAS was not yet operating in October 2026; when it launches it will cost EUR 20 and last three years, so check the official EU site before each trip
- No, British nationals are permanently exempt
- Yes, and it must be requested at the Spanish consulate in London
As of early October 2026 ETIAS was not collecting applications and no launch date was confirmed. When it starts, the fee will be EUR 20 (free under 18 and over 70) and the authorisation will last three years or until the passport expires.
De la Guía Luzón, EES and ETIAS for UK nationals visiting Spain (2026-10-06) A Polish buyer and a Swedish buyer ask whether the 90/180 rule applies to them like it does to your British clients. What do you answer?
- Yes, it applies to every foreigner who owns property
- Only to the Polish buyer, because Poland joined the EU later
- Only if they stay in a tourist rental
- No. As EU citizens they move freely; if they stay more than three months they register in the Central Register of Foreign Nationals and receive a certificate with their NIE
EU citizens are not limited to 90 days. For stays over three months they must register with the immigration office or police and get the EU registration certificate, which shows their NIE. Knowing this distinction makes you credible with Nordic and Central European buyers.
Ministerio del Interior, NIE for EU citizens (2026) What is the NIE, and why does every foreign buyer need one?
- A personal tax identification number for foreigners, needed for the deed, taxes and bank account; it does not give residency
- A residence permit that allows the buyer to live in Spain
- A licence that allows foreigners to own property near the coast
- A number issued only to EU citizens
The Número de Identidad de Extranjero identifies foreigners for economic, professional or social dealings in Spain. It is needed for the purchase deed, tax payments and utilities, but it is not a residence permit. It can be requested in Spain or through a Spanish consulate.
Ministerio del Interior, Número de Identidad de Extranjero (NIE) (2026) A Gulf-based buyer wants to transfer EUR 2 million from several accounts to buy a villa in Sotogrande. Why should you prepare him for detailed source of funds questions?
- Because Gulf buyers are banned from paying in cash in Spain
- Because only Spanish banks can send money to a notary
- Because estate agents, notaries and banks are obliged entities under Spain's anti-money laundering law and must identify the buyer and understand where the money comes from
- Because the seller has the right to see the buyer's bank statements
Law 10/2010 lists real estate agents among obliged entities. You must identify the client and the beneficial owner and apply enhanced checks when risk is higher. Asking early for bank letters, sale deeds or company documents avoids delays at the notary.
BOE, Law 10/2010 on the prevention of money laundering (2010-04-28) A Dutch first-time buyer asks why she should pay an independent lawyer if the notary is already involved. What is the best explanation?
- The notary works for the buyer and handles everything
- Her own lawyer protects her interests: checks title, debts, licences and planning, reviews contracts, obtains the NIE and can sign with a power of attorney, while the notary is a neutral public official
- The lawyer is only needed if she takes a mortgage
- Lawyers are required by law for all foreigners
The notary certifies the deed and checks the registry at signing but does not negotiate or advise one party. An independent lawyer runs due diligence before any deposit. Recommend at least two firms and let the client choose, to stay clear of conflicts of interest.
Colegio de Registradores, information on property and the registry (2026) Which information will you NOT find in a nota simple from the Land Registry?
- The registered owner
- Registered mortgages and charges
- The description and surface of the property
- Whether the community fees and IBI are paid up to date
The nota simple shows the registered owner, the description and the charges registered against the property, such as mortgages or embargoes. It does not show community fee arrears or unpaid IBI, which you check with the administrator's certificate and the latest tax receipts.
Colegio de Registradores, registry information services (2026) Why should the buyer's lawyer ask for the seller's latest IBI receipt before completion?
- Because unpaid IBI is attached to the property itself, so the new owner can end up liable for the debt
- Because IBI is only paid once, at the time of purchase
- Because the IBI receipt replaces the nota simple
- Because IBI is a tax paid by tenants
Under the Local Finance Law the property itself guarantees unpaid IBI, so a buyer can inherit arrears. The receipt also shows the cadastral value, which feeds into non-resident income tax and plusvalía estimates.
BOE, Local Finance Law (RDLeg 2/2004), IBI articles (2004-03-09) What document should a seller in a community building bring to the notary regarding community fees?
- Nothing, community fees are a private matter
- Only the community statutes
- A certificate from the community administrator, approved by the president, showing the fees are paid or the amount owed
- A letter from the town hall
The Horizontal Property Law requires the seller to declare that he is up to date with community payments or to state the debt, supported by a certificate from the administrator. The buyer can waive it, but you should advise strongly against that.
BOE, Horizontal Property Law 49/1960, article 9 (1960-07-21) A Belgian buyer loves a rural finca near Ronda that holds AFO status. What does AFO mean for him?
- The house is fully legal and can be extended freely
- The house was built without a licence; AFO recognises that it can no longer be demolished, but it does not legalise it and does not automatically allow extensions or new connections
- The house is a protected heritage building
- The house must be demolished within six years
Asimilado a Fuera de Ordenación, under Andalusian Law 7/2021 (LISTA) and Decree 550/2022, recognises an existing unlicensed building. It is not a legalisation. Works, extensions and services depend on the municipality. Ask the lawyer to confirm the AFO resolution and what it allows.
Costa Luz Lawyers, AFO in Andalusia (2026-07-31) Which conditions must an unlicensed rural house in Andalusia meet to obtain AFO recognition?
- It must be less than two years old and have a pool
- It must be owned by a Spanish resident
- It must be inside an urban zone
- At least six years since completion with no active sanction or demolition procedure, on ordinary rural land, with minimum safety and habitability conditions
AFO needs the enforcement period to have passed (six years since completion), no open proceedings, ordinary rural land rather than specially protected land, and minimum safety and habitability. Ruins without a roof are usually treated as new construction.
Costa Luz Lawyers, AFO in Andalusia (2026-07-31) An investor wants to buy a flat in Torremolinos that the seller says has a tourist licence. What should you check before he commits?
- That the flat has a valid registration number in the Andalusian tourism register, that the community statutes and recent minutes allow it, and any municipal limits in force
- Only that the flat is listed on Airbnb
- Nothing, the licence passes automatically and cannot be cancelled
- Only the energy certificate
Andalusia has cancelled more than 10,000 tourist rental registrations since 2024 for non-compliance, and communities can now restrict new tourist use. Verify the registration in the regional register, the community position and the town hall rules.
Spanish Property Insight, Andalusia cancels 10,300 tourist rental licences (2025-08-28) Dutch buyers are now the largest group of non-resident foreign buyers. Where on the Costa Blanca do they search most?
- Benidorm, Elche and Villena
- Valencia city only
- Jávea, Torrevieja and Dénia, then Orihuela, Moraira, Altea and Calpe
- Inland Alcoy and Ibi
Idealista data shows Jávea, Torrevieja and Dénia as the top three Dutch searches, followed by Orihuela, Moraira, Altea, Calpe and Alicante city. On the Costa del Sol, they focus on Marbella, Estepona, Mijas and Málaga.
Idealista News, where Dutch buyers look for homes in Spain (2026-06-26) You prepare a three-day viewing trip for a German couple. What makes the trip most efficient?
- Showing as many properties as possible without any preparation
- Pre-screening a shortlist of six to eight homes with nota simple checks done, and planning a meeting with a lawyer and a bank on the last day
- Avoiding any mention of costs until they choose
- Letting them visit alone with the keys
German buyers made 6.65% of foreign purchases in Q4 2025 and typically expect documentation. Checking the registry before the trip removes properties with problems, and meeting a lawyer on site lets them reserve with confidence.
Colegio de Registradores, Estadística Registral Inmobiliaria Q4 2025 (2026) A buyer in Benalmádena offers EUR 270,000 on a flat with a cadastral reference value of EUR 295,000. He thinks a lower price will reduce his transfer tax. What should you explain?
- He is right, ITP is always on the agreed price
- Reference values only apply to new builds
- He can declare any price to the tax office
- Andalusia taxes the higher of the price and the reference value, so his ITP base stays at EUR 295,000 whatever he negotiates below it
Since reference values were introduced, the ITP base cannot fall below the cadastral reference value. Negotiating the price down still saves him money on the purchase, but not on the 7% tax. Check the value on the Catastro site before a negotiation.
Guía Fiscal, ITP-AJD Andalucía 2026 (2026) Belgian buyers ranked fourth among non-resident foreign buyers in 2025. What is a good first step when you receive a lead from Brussels?
- Ask which language the client prefers (French or Dutch) and send material in that language
- Always write in Spanish to show you are local
- Assume every Belgian speaks German
- Send the same English brochure to every Belgian
Notary data put Belgians fourth among non-resident buyers with 4,305 purchases in 2025. Belgium is split mainly between French and Dutch speakers, so asking the language preference shows respect and improves response rates.
Idealista News, Consejo General del Notariado data on foreign buyers 2025 (2026-06-26) A non-resident buyer signs her deed. Which after-sales service adds real value?
- Nothing, the agent's job ends at the notary
- Telling her she has no Spanish tax to pay if she does not rent the flat
- Reminding her that non-residents owe annual tax on imputed income even if the flat is not let, and introducing a tax representative for form 210
- Offering to pay her IBI with your own money
Non-resident owners pay tax on a notional income (1.1% or 2% of the cadastral value) when the home is for personal use, plus IBI and community fees. Helping her set up utilities, direct debits and a tax adviser turns a sale into referrals.
Guía Fiscal, non-resident income tax (forms 210 and 211) (2026-07-26) A British seller is not resident in Spain. What should you tell him about the money he will receive at completion?
- He receives the full price; taxes are settled later in the UK
- The buyer withholds 3% of the price for the tax office, and the plusvalía municipal is usually retained too, so he receives less than the price
- The notary keeps 10% as a guarantee for one year
- The agent withholds his tax and pays it
The buyer must withhold 3% of the price as an advance on the non-resident's capital gains tax. Because the buyer is the substitute taxpayer for plusvalía when the seller is a non-resident individual, the lawyer usually retains that amount as well. Prepare the seller early to avoid tension at the notary.
BOE, Non-Resident Income Tax Law (RDLeg 5/2004) (2004-03-12) A Swedish buyer needs a mortgage as a non-resident. Which expectation should you set at the first meeting?
- She will get 100% financing like a resident
- Non-residents cannot get Spanish mortgages
- The bank will finance the price and all taxes
- Spanish banks usually lend non-residents 60% to 70% of the value, so she needs 30% to 40% plus about 10% to 13% in costs from her own funds
Non-resident loan-to-value is normally capped between 60% and 70%, with occasional exceptions for some nationalities. Taxes and fees are not financed. Getting a broker or bank pre-approval before viewings makes her offer stronger.
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