Living in Spain After Brexit
Spain — and the Costa del Sol in particular — remains one of the most attractive places in Europe for many British citizens to buy a property, spend part of the year, or live permanently.
Since Brexit, however, different rules apply to British citizens than to EU citizens. The key distinction is this: Owning a property in Spain and having the right to live in Spain permanently are two different things. British citizens can still buy and own property in Spain. However, anyone wishing to live here permanently generally needs an appropriate residency status. This guide gives you an overview of the key points.
In Short
- British citizens can still buy property in Spain without restrictions.
- Without residency, the 90/180-day Schengen rule applies.
- Long-term stays require a visa such as the Non-Lucrative Visa or Golden Visa.
- An NIE number is required to buy or sell, and a TIE for residents.
- Tax and healthcare rules differ depending on resident or non-resident status.
Can British citizens still buy property in Spain?
Yes. Brexit did not take away British citizens' right to purchase property in Spain. You can generally:
- Buy a property as a main residence
- Purchase a holiday home or second home
- Buy a property as a capital investment
- Sell and inherit property
Buying a property, however, does not automatically grant you the right to reside in Spain. This is particularly important for buyers who plan to spend a large part of the year, or live permanently, on the Costa del Sol.
How long can British citizens stay in Spain without a residence permit?
British citizens who do not hold an appropriate Spanish residence permit are generally subject to the Schengen rules for short stays. This normally means:
A maximum of 90 days within any rolling 180-day period across the entire Schengen area.
The 90 days therefore don't apply exclusively to Spain. If you also spend time in France, Portugal or another Schengen country, for example, these days are generally counted as well. For British owners of a holiday home, this means: owning a property in Spain does not automatically give you the right to stay there longer than this permitted period.
Can I move to Spain permanently?
Yes — however, British citizens moving to Spain for the first time after Brexit will normally need a suitable residence or visa route. Which option applies depends heavily on your personal situation. Factors that can be decisive include, for example:
- Whether you want to work in Spain
- Whether you want to be self-employed
- Whether you work remotely for a foreign company
- Whether you have sufficient income or assets of your own
- Whether you are married to, or have family ties with, an EU or Spanish citizen
- Whether other legal requirements for a residence permit are met
Since immigration rules can change and every case is different, we recommend discussing your specific situation with a qualified immigration specialist or lawyer.
What residency options are available?
There are various ways to live legally in Spain for a longer period. Depending on your individual circumstances, these can include, for example:
Non-Lucrative Visa
The so-called Non-Lucrative Visa can be of interest to people who want to live in Spain without carrying out paid work here. Applicants must, among other things, demonstrate sufficient financial means and meet the other prescribed requirements. It's often used by people who have pensions, savings or other sufficient sources of income.
Digital Nomad Visa
For certain people working remotely for companies or clients outside Spain, the Digital Nomad Visa can be an option. Specific requirements apply here regarding employment, qualifications, income and the origin of the professional activity.
Employed or self-employed work
Anyone wishing to work in Spain, or to set up their own business or self-employed activity, needs a residence permit that allows the relevant activity. Which requirements apply depends on the type of work and your personal situation.
Family members of EU citizens
Different residency rules can apply to British citizens with a spouse or certain family members who are EU citizens living in Spain. This can be relevant, for example, for a British spouse of a German, Dutch or French citizen. In such cases, it should be assessed individually which residency route applies.
What about the Golden Visa?
Spain's Golden Visa programme based on property investment has been discontinued. The former route of obtaining a residence permit through a qualifying property investment of at least €500,000 is therefore no longer available to new applicants. However, this does not mean British citizens can no longer buy property in Spain. Buying a property and the right of residence are separate matters. You can still buy a property — but you will need a different suitable residency status if you wish to live in Spain permanently.
What applies to British citizens who already lived in Spain before Brexit?
British citizens who were already lawfully living in Spain before the end of the Brexit transition period, and who fall under the Withdrawal Agreement between the UK and the EU, are in a different legal situation from people moving to Spain for the first time today. Their residency rights may still be protected by the Withdrawal Agreement. Such individuals should therefore not be equated with British citizens who moved to Spain only after Brexit. For questions about your own status, an individual legal review is advisable.
Do I need an NIE?
Foreigners need an NIE — Número de Identidad de Extranjero — for numerous financial, tax and administrative procedures in Spain. It's also of great importance when buying a property. However, an NIE is not a residence permit. It is a personal identification number for foreigners and should not be confused with a TIE or a residency status.
What is a TIE?
The Tarjeta de Identidad de Extranjero (TIE) is a physical identity card for certain foreign nationals with an appropriate residency status in Spain. It contains, among other things, personal details and information about the relevant right of residence. Which TIE is issued, and what rights are attached to it, depends on the specific residency status.
Can I rent out my Spanish property?
In principle, foreign owners can rent out properties in Spain. However, a distinction must be made between long-term rental and touristic or short-term rental. Different legal rules apply to long-term rentals than to touristic rentals. Regulations around holiday rentals in particular have changed considerably in recent years. Alongside regional rules, municipal regulations and the decisions or rules of an owners' community can also be relevant. For this reason, before buying a property intended specifically for holiday rental, it should be checked whether this use is actually permitted for the specific property. An expected holiday rental yield should never be based solely on the assumption that touristic rental will automatically be possible.
What taxes apply to British property owners?
Since Brexit, British citizens are no longer treated like EU citizens for tax purposes in certain areas. Which taxes apply, however, depends on various factors:
- Tax residency
- Personal use or rental
- Type of rental
- Income
- Sale of the property
- Personal tax situation
Non-resident owners, for example, can have tax obligations in Spain even if they use their property exclusively themselves. Rented properties give rise to further tax obligations. Since tax rules can change and treatment depends heavily on the individual case, we recommend individual advice from a Spanish tax advisor.
Healthcare
What healthcare you can access in Spain depends on whether you're merely visiting Spain or living here permanently, and on your residency status. For temporary stays, EHIC or GHIC arrangements can be relevant for eligible British travellers. However, these cards are not a complete substitute for travel insurance or private health insurance. For certain residence and visa applications, proof of appropriate health insurance may also be required. For this reason, clarify what cover is necessary for your personal situation before a planned move.
British driving licence in Spain
Under the applicable conditions, British visitors can use their British driving licence to drive in Spain. Different rules apply to people who transfer their habitual residence to Spain. There is now an agreement between Spain and the UK that, under certain conditions, allows a British driving licence to be exchanged for a Spanish one without having to retake a practical or theoretical driving test. If you're moving to Spain permanently, you should find out early about the deadlines and formalities that apply to you.
Bringing pets to Spain
Dogs, cats and other pets can, of course, also be brought to Spain. However, since Brexit, different entry requirements apply to travel from the UK than previously applied within the EU. Depending on the animal and your starting situation, requirements can include a microchip, a valid rabies vaccination and appropriate travel documents. Find out about the current requirements well in advance of travelling.
Do I need to speak Spanish?
To buy a property, it's of course not necessary to speak fluent Spanish. However, anyone living in Spain permanently will find that at least basic Spanish makes everyday life considerably easier. The Costa del Sol has a large international community and numerous multilingual service providers. At Right Casa, we support our clients in English, Spanish, German, Dutch and French. For legal matters, we also recommend working with an independent lawyer with whom you can communicate easily in a language you fully understand.
Should you buy first — or clarify your residency status first?
If you're simply looking for a holiday home or a capital investment, you can generally buy a property without being permanently resident in Spain. However, if your goal is a permanent move to Spain, we recommend planning your residency status and your property purchase in parallel. Before buying a property, you should, for example, know:
- Can I live in Spain permanently?
- Am I allowed to work here?
- What health insurance do I need?
- What tax implications does my move have?
This way, you avoid buying a property and only afterwards discovering that your original plans need to be implemented differently for legal or tax reasons.
Your new life on the Costa del Sol
Brexit has made moving from the UK to Spain more complicated — but by no means impossible. British citizens continue to buy properties, spend part of the year on the Costa del Sol, or decide on a permanent move to Spain. What matters most today is good preparation. Right Casa helps you find the right property and supports you throughout the entire buying process. On request, we can also put you in touch with independent legal, tax and other professionals who can advise you on the additional questions involved in moving to Spain.
Thinking about buying a property on the Costa del Sol?
Note: This guide is provided for general information only and does not constitute individual immigration, legal, tax or financial advice. Residency, travel and tax regulations may change. Please have your personal situation reviewed by suitably qualified professionals before moving or purchasing a property.