How Did Brexit Affect Spanish Property Owners?
Expat Tips
Published: 08 March 2021 01:08 CET
Updated: 28 April 2025 01:08 CET
The UK officially left the European Union at the end of 2020, marking a significant shift for the many British nationals who call Spain their home or own property here.
Since January 2021, UK nationals have no longer been considered EU citizens, meaning certain legal processes and requirements have changed for British property owners and buyers in Spain.
For decades, Brits have had a strong connection with Spain, with many choosing to purchase property for permanent residence, holiday use, or as an investment. Whether you already own a home here or are thinking about buying one, it's important to understand how Brexit continues to affect your rights and obligations as of 2025.
Below, we answer key questions about owning, renting, or selling property in Spain as a British national post-Brexit.
Can I still buy a property in Spain?
Yes. Your right to own property in Spain is not dependent on your nationality or residency status. British nationals can still buy property freely in Spain, just like any other non-EU citizen.
Has the property purchase process changed?
No. The process of purchasing property in Spain remains the same for both residents and non-residents, regardless of your nationality.
Have my ownership rights changed since Brexit?
No. Your rights as a property owner in Spain remain unaffected by Brexit. Ownership rights are not tied to your residency status. You will continue to have the same property rights as a Spanish national.
Will buying a property cost more post-Brexit?
Generally, no. The costs and taxes involved in purchasing property in Spain have not changed based on nationality. However, there has been a change in tax treatment for rental income.
British non-resident property owners are now subject to a 24% flat tax rate on gross rental income, compared to the 19% rate previously applied when the UK was in the EU. In addition, non-EU owners cannot deduct expenses against rental income.
For example, if you rent your property for €1,000 per week for six months (€24,000 annual income), and have €8,000 in expenses, your tax liability would now be €5,760 (24% of €24,000), instead of €3,040 if deductions were allowed.
If you are a legal resident in Spain (e.g., holding a TIE or pre-2021 residency certificate), you are taxed at the lower 19% rate and can still deduct expenses.
Learn more about residency options via the Spanish residency visa options.
Can I still rent out my Spanish property?
Yes, but you must comply with rental laws. Long-term residential lets are regulated nationally under the Ley de Arrendamientos Urbanos (LAU), while short-term holiday lets are regulated at the regional level.
There are no restrictions on non-EU citizens renting out property, but you may need to register with your local tourism board.
Check out how different Spanish regions regulate holiday rentals.
How long can I stay at my property without residency?
As a non-EU national, British citizens are subject to the 90-day rule: you can only stay in Spain (or any Schengen country) for up to 90 days in any 180-day period without a visa.
This applies whether or not you own property. The 90 days start as soon as you enter the Schengen zone — including time spent in other countries like France or Italy before arriving in Spain.
Can I join two 90-day periods back-to-back?
No. Once your 90 days are up, you must leave the Schengen zone and wait another 90 days before returning. You can’t reset the clock by hopping over a border temporarily.
What are the tax implications when I sell my property?
Thanks to the UK–Spain Double Taxation Treaty, you won’t be taxed twice on capital gains or income. However, you may need to declare the sale in both countries, depending on your residency status.
Conclusion:
While Brexit has brought changes — particularly around taxes and time limits — it has not affected your fundamental right to buy, own, or rent out property in Spain. If you plan to stay longer or rent your home regularly, you may want to explore Spanish residency options to access more favourable tax rates and benefits.
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