We are Luxury Real Estate Agents

Buying Property in Spain after Brexit: A 2026 Comprehensive Guide

Buying Property in Spain after Brexit: A 2026 Comprehensive Guide

Table of Contents

Discover Nerja's Exclusive Properties

Gala Luxury Homes offers exclusive properties along the stunning east side of Málaga. Our team is here to guide you every step of the way.

There is a question that surfaces, sooner or later, for almost every British buyer who has spent time along the Costa del Sol: does any of this still apply to me? The answer, perhaps more reassuringly than many expect, is yes. Brexit redrew the rules around residency and travel, but it left the fundamental right to purchase Spanish real estate entirely intact. British buyers remain among the most active foreign purchasers on this stretch of Andalusian coastline, and the market continues to move with considerable momentum.

This guide covers what you need to know in 2026: what changed after Brexit, what remained the same, which visa routes are open to you, how the tax framework operates, how to navigate the buying process step by step, and where along the southern coast the most considered opportunities currently lie.

What Changed After Brexit, and What Did Not

A common concern among British buyers is that Brexit has restricted property ownership in Spain. In practice, it hasn’t.

UK citizens retain the full legal right to own property in Spain. Spanish law places no restrictions on ownership based on nationality, residency, or EU membership. Apartments, villas, land, and commercial property remain fully available to British buyers. Brexit changed classification, not entitlement.

What Hasn’t Changed

  • UK citizens can still buy, own, rent out, and sell property in Spain with no restrictions.
  • Ownership rights are identical to those of any other non-EU buyer.
  • If you already owned property before Brexit, your title remains fully valid. There is no need to re-register or re-title it.

What Has Changed for UK Buyers

  • You are now treated as a third-country national for residency and immigration purposes.
  • Owning property in Spain no longer grants automatic residency or the right to live there long-term.
  • The 90/180-day Schengen rule now applies to your visits.
  • Some tax rules, particularly those around rental income, are less favourable for non-EU residents.

Brexit changed the immigration and tax context. It did not alter your legal right to own Spanish property.

The 90/180-Day Rule: What It Means in Practice

If you own a home in Spain but are not a resident there, this rule will shape how you use it. It is worth understanding clearly.

You can stay in Spain and the wider Schengen Area for up to 90 days within any rolling 180-day period without a visa or residency permit. The word rolling matters here: the calculation does not reset on 1 January. Every day is measured against the previous 180.

Days spent in any Schengen country count toward the same total, not just Spain. Three weeks in France, for instance, reduce the time you can then spend in Málaga before reaching your limit.

A Practical Example

If you spend 90 days in Spain from January to late March, you cannot return in April for another three months. You must wait until enough of those earlier days fall outside the rolling 180-day window before your available time resets.

One point worth being clear about: owning property does not give you extra time in the country. A villa in Nerja or an apartment in Marbella grants you property rights, not residency rights. To stay longer, you will need a visa or residency permit. The process for obtaining one is manageable, and the relevant options are outlined below.

Visa and Residency Options for UK Buyers in 2026

Several legal routes allow UK citizens to spend more than 90 days per year in Spain. The right one depends on your circumstances.

The most established route for retirees and those with passive income such as pensions, savings, or investments. You must demonstrate sufficient income to support yourself without working in Spain. This visa does not permit employment with a Spanish company.

Introduced in 2023, this visa is designed for remote workers employed by non-Spanish companies or clients. It allows you to live and work in Spain legally while continuing to serve a UK-based business or client base.

Historically, purchasing property worth €500,000 or more qualified buyers for a Golden Visa, which granted residency rights. Spain announced plans to abolish the real estate Golden Visa in 2024. As of 2026, you should verify the current status directly with a Spanish immigration lawyer before making any purchase decision on this basis.

Taxes and Costs: What British Buyers Should Budget For

Buying property in Spain after Brexit means navigating a tax framework that differs slightly from what EU residents face. None of it is prohibitive, but it is worth understanding before you make any decisions.

At the point of purchase:

  • Property Transfer Tax (ITP): For resale properties, this ranges from 6% to 10% depending on the region. In Andalusia, which covers Málaga, Nerja, and the Costa del Sol, it currently sits at 7%.
  • VAT (IVA): For new-build properties, you pay 10% IVA rather than ITP, plus 1.5% Stamp Duty (AJD).
  • Notary and land registry fees: Typically 1 to 2% of the purchase price.
  • Legal fees: Budget 1 to 1.5% for your independent Spanish lawyer.

Ongoing as a non-resident owner:

  • Non-Resident Income Tax (IRNR): If you rent out your property, rental income is taxed at 24% for UK nationals, compared to 19% for EU and EEA residents. This is one of the tangible financial differences Brexit introduced.
  • Imputed Income Tax: Even if the property sits empty, Spanish authorities apply a notional rental income and tax it. This is calculated at 1.1% to 2% of the cadastral value, taxed at 24%.
  • Annual Property Tax (IBI): Paid to the local council, typically 0.4% to 1.1% of the cadastral value.
  • Wealth Tax: This applies if your net assets in Spain exceed €700,000. Rates and allowances vary by region. Andalusia has effectively abolished it for most buyers, but the current rules should be verified with a tax adviser.

Spain and the UK retain a Double Taxation Agreement post-Brexit. It prevents the same income from being taxed twice in both countries, which is reassuring for retirees and those considering letting their property.

Why the Costa del Sol Remains the First Choice for British Buyers

More than 300 days of sunshine per year, strong flight connections from UK airports, an established international community, sustained rental demand, and a property market with sound long-term fundamentals: these are not incidental qualities. They are the reason British buyers have consistently returned to this stretch of Andalusian coastline, and Brexit has not materially changed the underlying logic.

Nerja

On the eastern Costa del Sol, offers something rather different from the larger resort towns. The coastline here is more rugged, the rhythm of daily life unhurried, and the character distinctly Andalusian. It draws buyers who are less interested in international resort infrastructure and more drawn to an authentic sense of place. Property prices remain more accessible than Marbella, which makes it a considered entry point for those who want coastal living without the premium.

Málaga, City

Málaga has evolved considerably over the past decade. It now offers tech campuses, international schools, Michelin-starred restaurants, and a serious arts scene alongside its beaches and airport connectivity. It draws a younger generation of buyers, including those using the digital nomad visa to combine professional life with coastal living.

Marbella

Marbella and the Golden Mile represent the premium end of the market. Prestige, high international demand, and consistent luxury resale values place it in a category of its own. Buyers here tend to focus on long-term capital preservation rather than short-term yield.

Frigiliana

Frigiliana is consistently cited by property professionals as the strongest value-for-money location on the Costa del Sol in 2026. A well-managed town centre, strong new-build supply, and competitive pricing relative to Málaga make it the considered alternative for buyers who want quality without the Málaga price tag.

Property Prices: Costa del Sol 2025 to 2026

The Costa del Sol has been one of Spain’s most resilient property markets. Málaga province recorded approximately 5.7% year-on-year growth in 2025, with average sale prices around €2,800/m² across the province. In premium areas like Marbella, asking prices reached around €5,600/m² in early 2026.

For 2026, forecasts point to continued growth of 5% to 9% across the region, with prime areas at the higher end of that range. Current market averages show houses at approximately €3,517/m² and apartments at €4,295/m² on the Costa del Sol overall.

What explains this sustained demand? Strong foreign buyer activity, constrained coastal supply, and a clear shift toward buyers seeking permanent homes or long-term lifestyle assets rather than short-term positions. The market is mature and driven by fundamentals rather than speculation.

For buyers still working out which area best fits their circumstances, agencies with a focused remit, such as Gala Luxury Homes across Nerja, Málaga, and the Costa del Sol, can provide price context and area comparisons that go beyond what is visible in online listings.

Weighing It Up: Pros and Cons for British Buyers

Purchasing property in Spain no longer requires repeated travel.

Advantages:

  • Full legal right to buy, own, and sell with no restrictions
  • Strong long-term investment fundamentals on the Costa del Sol
  • Rental income potential from a well-established tourism market
  • High quality of life, climate, and infrastructure
  • The Spain-UK Double Taxation Agreement remains in place
  • Periods of euro weakness can strengthen purchasing power for sterling buyers

Considerations:

  • 90-day stay limit per 180-day period without a visa
  • Higher non-resident rental income tax rate: 24% compared to 19% for EU and EEA residents
  • No longer eligible for some EU residency routes
  • The real estate Golden Visa route may no longer be available
  • Greater administrative complexity around long-term residency compared to the pre-Brexit position

How to Buy Property in Spain After Brexit

Hire an independent Spanish lawyer: they handle all legal checks and protect your interests.
Get an NIE number: required for any purchase.
Open a Spanish bank account: for payments and ongoing costs.
Due diligence: your lawyer checks ownership, debts, and legal status.
Sign the Arras contract: pay ~10% deposit to secure the property.
Complete at the notary: sign the deed, pay the balance, receive keys.
Register and pay taxes: your lawyer finalises registration and taxes.
File non-resident tax: annual Modelo 210 is required.

A Note on Nerja, Málaga, and the Costa del Sol

Buying property in Spain after Brexit remains a well-reasoned decision for British buyers who approach it with the right information. The legal framework is settled, the market is performing, and the Andalusian coastline continues to offer a quality of life that is genuinely difficult to replicate elsewhere.

Whether your interest lies in the quieter character of Nerja, the urban substance of Málaga, the prestige of Marbella, or the considered value of Estepona, the difference between a straightforward purchase and a well-judged one often comes down to local knowledge and experienced advisers.

Gala Luxury Homes works with buyers across Nerja, Málaga, and the Costa del Sol, with a particular focus on the upper end of the market in each location. For those at the research stage, their team can be a useful point of contact for area-specific questions and on-the-ground perspective.

Frequently Asked Questions: Buy Property in Spain from the UK

STRATEGIC REAL STATE MARKETING

Keep Exploring

Each property in our recently listed collection has been thoughtfully chosen for its standout qualities and sought-after locations. Whether you’re in search of a place to call home or exploring investment opportunities, our newest additions to the market offer a range of options to suit your needs.

Moving to Spain from the US: a considered guide

property taxes in spain

Property Taxes in Spain: The Complete Guide (2026)

New development Frigiliana

Request your property
valuation in Málaga

If you are considering selling your property in Málaga, or wish to understand its current position within the market, we are available for a confidential discussion.

A clear starting point often brings clarity to everything that follows.

    Elegant logotype for Gala Luxury Homes. The company focuses on real estate and investment in Southern Spain, conveyed through its refined gold color palette.
    Privacy Overview

    This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.