What is the 90 day rule for buying a property in Spain

Are considering buying property in Spain? If so, understanding Spain's 90-day rule is essential. This regulation dictates the length of stay for non-residents looking to invest in Spanish real estate. Here's what need to know about the 90-day rule and how it impacts property buyers:

What is the 90-Day Rule?

The 90-day rule refers to the maximum duration non-residents can stay in Spain within a 180-day period without obtaining a visa or residency permit. This rule applies to citizens of countries outside the European Union (EU), the European Economic Area (EEA), and Switzerland.

Purpose of Stay

The 90-day rule primarily applies to individuals visiting Spain for tourism, business, or property investnt purposes. While it allows for short stays, exceeding the permitted duration without proper authorization may result in fines, deportation, or future entry restrictions.

Property Purchase and Visa Requirents

Short-Term Visas: Non-EU/EEA/Swiss citizens planning to buy property in Spain must adhere to the 90-day rule. If their stay exceeds 90 days within a 180-day period, they may need to apply for a short-term visa (Schengen visa) before arrival.

Long-Term Residency: Individuals intending to stay in Spain for longer periods, such as for retirent or extended property investnt, should explore options for long-term residency or visas. Spain offers various residency permits, including the non-lucrative visa for individuals not engaged in employnt in Spain and the investor visa for those making significant investnts in Spanish real estate.

Investor Visa: The Spanish investor visa, also known as the "Golden Visa," is available to non-EU/EEA/Swiss citizens who invest a minimum amount in Spanish property. This visa permits residency in Spain and grants flexibility in travel within the Schengen Area.

Compliance with Regulations

Residency Registration: Regardless of visa requirents, individuals staying in Spain for more than 90 days must register as residents with the local authorities. This process involves obtaining a foreigner's identity card (TIE) or residency certificate.

Tax Obligations: Property buyers in Spain must fulfill tax obligations, including property taxes (Impuesto sobre Bienes Inmuebles) and potential inco tax on rental inco or capital gains.

Legal Assistance: Engaging legal professionals with expertise in Spanish real estate law is advisable when purchasing property in Spain. They can provide guidance on visa requirents, property transactions, and compliance with local regulations.

Understanding Spain's 90-day rule is crucial for individuals considering property investnt in the country. While short-term stays for property viewing and transactions are permitted under this rule, longer-term residency or investor visas may be necessary for extended stays. By complying with visa regulations and seeking legal advice, property buyers can navigate the process smoothly and enjoy their investnt in Spain's vibrant real estate market.