Spain 2026: what changed for foreign buyers

Spain's rules for foreign buyers moved in 2025 and 2026, and several headlines ran ahead of the law. This briefing separates what is in force from what was only proposed, as of 11 October 2026. It is written for agencies and developers.

The golden visa is gone

Spain's investment visa, the golden visa, was abolished: the amendment to Law 14/2013 came into force on 3 April 2025. Holders of valid golden visas keep their rights and renewal options. For a buyer, this means that a property purchase in Spain no longer leads to residence. Do not market property as a route to residence. Buyers who need a visa must look at other visa categories, and a lawyer should advise on that.

The 100 percent tax proposal did not become law

In January 2025 the government announced a plan to tax non-EU buyers at 100 percent. Sources we read say the bill never reached a vote in Congress, dropped out of the housing package and stalled for lack of votes, so non-residents can still buy on the previous terms. Treat it as a proposal, not a law, but tell non-EU buyers that the debate is not over.

What does restrict non-EU buyers

Secondary summaries say that the only real restriction for non-EU buyers is the old regime for defence and military zones, which comes from a 1975 law, and that otherwise non-EU buyers can purchase freely subject to the usual reporting and tax duties. We did not read the law itself. If a property is near a military installation, ask your lawyer to check.

Short-term rentals: the national registry was annulled

On 21 May 2026 the Supreme Court issued judgment 620/2026 and annulled Royal Decree 1312/2024, which had created the national single registry for short-term rentals introduced in July 2025. The court agreed with regional governments that the state lacked the power to impose a national registry on top of regional ones (see the Osborne Clarke summary). Law-firm summaries conclude that owners no longer need a national registration number and that the regional tourist licence is the only licence required. Every region runs its own register, for example the VFT in Andalusia, the VT in the Valencian Community and the HUT in Catalonia.

Several regions and cities have tightened rules on tourist rentals. We could not confirm specific municipal measures in this check, so for any investor who plans to let, ask your lawyer for the current rule in that municipality before the buyer signs. A regional licence that exists today may not be issued for a new property tomorrow.

Anti-money-laundering and cash

Real estate agents are already obliged subjects under Law 10/2010, supervised by SEPBLAC, with duties to identify the customer and the beneficial owner and to check the origin of funds. The EU anti-money-laundering regulation is reported to apply from 10 July 2027 and to treat agents as obliged entities, with checks for occasional transactions of at least EUR 10,000. The cash limit stays at EUR 1,000 in general and EUR 10,000 for private individuals with tax domicile outside Spain. Our briefing on serving expat and cross-border buyers sets out what to collect.

Taxes and costs

For resale, transfer tax is set by each autonomous community and typically ranges from 6 to 10 percent. New builds carry VAT at 10 percent on residential property plus regional stamp duty. These are the figures given in a May 2026 law-firm guide; confirm the rate for the specific region.

Who is buying

Demand from central and eastern Europe is one visible sign of buyers who need an agency used to cross-border files. Trade press reports that Polish buyers bought more than 4,100 homes in Spain in 2025 and 1,126 in the first quarter of 2026, about 4.6 percent of purchases by foreigners (see the report on the Warsaw Business Journal). That is a secondary source, so treat it as a rough indicator.

Questions buyers now ask, and honest answers

• Can I get residence by buying a home in Spain? Not through the golden visa, which ended on 3 April 2025.
• Is there a 100 percent tax on non-EU buyers? It was proposed and, according to the sources we read, did not become law.
• Do I need a national number to let the property to tourists? Not since the Supreme Court annulled the national registry on 21 May 2026; the regional licence is what counts.
• Can I pay in cash? Not above EUR 1,000, or EUR 10,000 if you have tax domicile outside Spain, and large purchases go through the banking system.
• Is my agent allowed to ask where my money comes from? Yes, and Spanish law expects it.

What to do with this

• stop selling property as a route to residence
• keep a dated sheet of what you tell buyers about non-EU rules and the stalled proposal
• check the municipal rule on tourist rentals before you sell to a buyer who plans to let
• update your onboarding for the 2027 EU standard
• brief your team on the difference between a proposal and a law

Working with D.H. Realting

D.H. Realting is a trilingual (Russian, English, Polish) overseas-property platform. We introduce buyers, including expats and cross-border buyers, and support the process. Agencies that handle the deal locally and want to be introduced to such buyers can contact us through our partners page.

This briefing is informational only and is not legal, tax or investment advice. Facts were checked on 11 October 2026 from the sources named in the text; rules change, so confirm with a local lawyer before relying on any point.