Quick Summary
• Non-residents can legally buy and fully own property in Marbella.
• Residency is not required to purchase a home in Spain.
• Buyers can apply for visas such as the Golden Visa, digital nomad visa or non-lucrative visa if they wish to stay long term.
• EU and EEA citizens have straightforward residency pathways.
• Taxes vary for residents and non-residents but do not prevent foreign ownership.
• Marbella Estates provides guidance on NIE numbers, legal documentation, visas and taxation.
More than a third of all property buyers in Marbella are foreign investors, and one of the most common questions is whether non-residents can legally own property in Spain and what residency or visa options are available.
Spain encourages international investment, and the legal framework protects buyers from any restrictions based on nationality. Many people assume that purchasing property is complicated for non-residents, but with the right guidance, it is straightforward and accessible.
This guide will help you understand property ownership rights, residency options, Golden Visa eligibility, taxation, and how Marbella Estates can make the process smooth and stress-free.
Non-Residents and Property Ownership: What the Law Allows
Spain allows full property ownership for all non-residents. Buyers from any nationality can legally own residential or commercial properties. Ownership rights include the ability to sell, rent, mortgage or pass the property on through inheritance.
The only legal requirement is obtaining an NIE number (Número de Identificación de Extranjero), which is essential for signing contracts, paying taxes, and registering the property. Marbella Estates can help clients obtain this number efficiently through trusted partners.
There are no limits on the number of properties a non-resident can buy, and no requirement to live in Spain.
Do You Need Residency to Buy Property in Marbella?
Residency is not required to purchase property in Spain. Many international buyers purchase homes as:
• Holiday homes
• Second residences
• Long-term rental investments
• Future retirement plans
Owning property does not automatically grant residency or affect your tax obligations. However, owning property can support certain residency applications if you wish to spend extended periods in Spain.
Golden Visa Requirements for Property Investors
The Golden Visa is available to foreign buyers who invest 500,000 euros or more in property in Spain. This visa is popular because it offers flexibility, security, and benefits for the whole family.
Key advantages include:
• The right to live in Spain
• Freedom to travel within the Schengen zone
• Eligibility to include spouse, children, and dependent parents
• No minimum stay requirement
• Ability to work in Spain if desired
Marbella Estates assists clients in identifying qualifying properties and coordinating with lawyers to ensure a smooth Golden Visa application process.
Standard Residency Options for EU and EEA Citizens
EU and EEA citizens have simpler residency pathways. If planning to stay longer than three months, they must register for a residency certificate and demonstrate:
• Sufficient financial resources
• Access to health insurance or the public health system
The registration process is straightforward, and Marbella Estates can provide guidance on all necessary documentation and steps.
Non-EU Residency Options for Long-Term Living
Non-EU citizens have several pathways for living in Spain long-term, even if they do not qualify for the Golden Visa.
1. Non-Lucrative Visa
This visa is ideal for retirees or individuals who do not plan to work in Spain. Applicants must show sufficient stable income or savings and maintain full health insurance. The visa allows residence in Spain and renewal after the first year, leading to long-term residency.
2. Family Reunification Visa
Non-EU citizens who have close relatives legally residing in Spain may be eligible. This includes spouses, children, and dependent parents. Family members can apply to live in Spain based on the sponsor’s legal status.
3. Long-Term Residency
After five years of continuous legal residence, non-EU residents can apply for long-term residency. This offers greater rights, including access to healthcare and education.
4. Work or Business Visas
Foreign buyers planning to work or start a business in Spain can obtain residence permits through employment or business investment. Specific criteria apply, and Marbella Estates can connect clients with legal advisors to explore options.
Digital Nomad Visa for Remote Workers
The Digital Nomad Visa allows international remote workers to live in Spain while working for companies outside the country. Benefits include:
• Long-term residency without requiring Spanish employment
• Reduced tax rates in the first year under certain conditions
• Access to Marbella’s lifestyle, amenities, international schools and expat community
This visa has become popular with professionals seeking a high-quality lifestyle combined with work flexibility.
Tax Implications for Residents and Non-Residents
Taxes vary depending on whether you are a resident or non-resident, but they do not restrict foreign ownership.
Non-Residents
• IBI (local property tax) is paid annually to the municipality.
• Non-resident income tax applies if the property is vacant or rented.
• Rental income tax applies if you rent the property.
Residents
• IBI applies as with non-residents.
• Personal income tax applies on worldwide income.
• Capital gains tax may apply on property sales.
Marbella Estates works with tax advisors to ensure clients understand all obligations, avoid penalties, and benefit from available deductions.
FAQs: Non-Resident Property Ownership in Marbella
Can I buy property in Marbella if I am not from the EU?
Yes. Spain allows all foreign nationals to buy property, whether EU, EEA, or non-EU. The only requirement is obtaining an NIE number, which your agent or lawyer can assist with.
Does buying property automatically give me residency?
No. Purchasing property alone does not grant residency. However, property ownership can support visa applications like the Golden Visa, non-lucrative visa, or Digital Nomad Visa.
Are there limits on how many properties I can buy?
No. Non-residents can buy one or multiple properties, either for personal use or investment. Each purchase requires a separate NIE number and associated tax registration.
Do non-residents pay higher taxes than residents?
Tax rates differ slightly, but non-residents can fully own property. Non-resident taxes generally include council tax, rental income tax, and non-resident income tax. Residents pay taxes on worldwide income but benefit from deductions available to residents.
Can I rent out my property as a non-resident?
Yes. Non-residents can rent out their properties as holiday rentals or long-term lets. You will need to comply with local licensing rules, and Marbella Estates can advise on permits and tax reporting.
Why Work with Marbella Estates?
Buying property abroad can be complex, but Marbella Estates simplifies the process:
• Expert Guidance for Foreign Buyers: Decades of experience with international clients.
• Assistance with Documentation: NIE numbers, bank accounts, legal checks and tax registration.
• Visa and Residency Expertise: Golden Visa, Digital Nomad Visa, non-lucrative visa and family reunification guidance.
• Access to Exclusive Properties: Luxury developments, prime resale homes, and off-market opportunities.
• Complete Support from Start to Finish: Every step explained, so clients feel confident and secure.
Conclusion
Non-residents can confidently buy property in Marbella without residency restrictions. There are multiple residency and visa pathways for long-term living, including the Golden Visa, non-lucrative visa, Digital Nomad Visa, and family reunification.
Marbella Estates provides expert guidance on every aspect, including property searches, documentation, visas and taxes, making the process smooth and stress-free.
Take the first step towards owning your Marbella property today and speak to the team trusted by international buyers across the Costa del Sol.
