Can Americans Buy Property in Spain? A Complete 2026 Guide for US Buyers

If you’re an American who’s interested in purchasing property in Spain – specifically in the Marbella region – you’re in luck! Yes, Americans can buy property in Spain. There are no restrictions on foreign ownership, and the process is well-trodden.

In terms of buying property in Spain as an American, the question you must answer is not whether you can buy property in Spain, but whether you should.

Fortunately, at Bromley Estates Marbella, we have a team of experts who know the ins and outs of the full legal process of buying property on the Spanish south coast. We can talk you through the costs and the six lifestyle factors that determine whether Spain works for you and your family.

Can Americans legally buy property in Spain?

There are no restrictions for Americans who are attempting to buy property in Spain. Non-residents can buy freehold properties, with the same regulations to follow as EU buyers.

There is just one administrative requirement you’ll need when purchasing property in Spain, and that’s an NIE (Número de Identidad de Extranjero) – the Spanish foreign tax identification number. This is mandatory for any property purchase and can be obtained through the Spanish consulate in the US before you travel, or in person in Spain. Your lawyer can also arrange it on your behalf with a power of attorney.

How to buy property in Spain as an American – the process

The process of buying property in Spain as an American is straightforward, though it involves more steps than a typical US transaction. Here’s what it involves:

• Find a property – To buy your dream Spanish property, you’ll have to find one first. Once you’ve found one you love, you can get the ball rolling.
  
• Obtain your NIE – Obtaining the Spanish foreign tax ID number is an essential step in purchasing property.
  
• Open a Spanish bank account – You need a Spanish bank account to pay the deposit, and it can be opened with an NIE and a passport.
  
• Sign the reservation contract – Once the price has been agreed for the property you want to buy, signing the reservation contract takes it off the market for 2-4 weeks.
  
• Legal due diligence – Your lawyer will check the property’s legal status, planning permissions, outstanding debts, community fees, and any charges.
  
• Private purchase contract and 10% deposit – Once due diligence passes, both parties sign the Contrato Privado de Compraventa (private purchase contract). You pay the 10% deposit at this stage.
  
• Completion at the notary – On completion day, you sign the escritura pública (public title deed) in front of a Spanish notary, pay the remaining balance, and receive the keys.

What is an NIE, and how do Americans get one?

An NIE is a foreign tax ID number issued by the Spanish Ministry of the Interior. Every non-Spanish national in Spain needs one. So, whether you’re buying property, opening a bank account, setting up utilities, or paying taxes, you require an NIE.

For American buyers, the NIE is non-negotiable. If you don’t have one, you can’t buy property. Fortunately, getting one is straightforward, and there are three routes:

1. Apply at a Spanish consulate in the US
2. Apply in person in Spain
3. Grant power of attorney to your lawyer

Do Americans need a Spanish bank account to buy property?

No, a Spanish bank account is not a legal requirement for buying property in Spain. However, it’s highly recommended that American buyers open one, because completing a property purchase without one creates significant friction.

When purchasing property in Spain, the final payment is made via a banker’s cheque drawn from a Spanish bank account, or via a direct transfer within the Spanish banking system.

Notaries prefer that the funds arrive from a Spanish bank account, and wiring USD from a US bank can be operationally difficult and rejected.

How to open a Spanish bank account as an American

Non-residents can open a Spanish bank account easily. You need:

• A valid US passport
• An NIE certificate
• Proof of address in the US
• Proof of income or employment
• An initial deposit (varies by bank)

Do you need a lawyer to buy property in Spain?

Technically, no. Spanish law doesn’t require you to use a lawyer to buy property. The only mandatory legal professional required in the process is a notary because they oversee the signing of the title deed.

While it’s not a legal requirement, hiring your own lawyer is recommended, and it’s the single most important step you can take to protect your investment.

Your lawyer performs many essential steps in the house-buying process, including: 

• Conducting in-depth due diligence on the property you’re trying to purchase 
• Reviewing every contract before you sign to ensure it’s correct
• Confirming the seller’s right to sell
• Handling your NIE application
• Coordinating bank transfers
• Registering the property in your name

The true cost of buying property in Spain

The property purchase price is only part of what you’ll spend when buying property in Spain. American buyers should budget an additional 10–14% on top of the purchase price to cover taxes, legal fees, and administrative costs. These are sometimes called “transaction costs”, and, like the NIE, they’re also non-negotiable.

The exact figure you’ll spend buying property depends on whether you’re buying a resale property or a new-build, because the two are taxed differently.

Buying a resale property

If buying from a private seller, you’ll pay:

• Transfer Tax (ITP; Impuesto sobre Transmisiones Patrimoniales) – 7% of the purchase price in Andalusia.
• Notary fees – Typically €600–€1,500, scaled to the property value.
• Land Registry (Registro de la Propiedad) – Usually between €400 and €1,000.
• Legal fees – 1% of the purchase price + 21% VAT, with a minimum fee typically around €1,500–€2,500.
• Gestoría fees (administrative agent) – Can be around €300–€600, often bundled with legal fees.

Cost of living in Spain vs. the United States

For most Americans, the cost of living is the single biggest reason why they’d prefer a move to Spain. From a top level, numbers favour Spain, but how much you save depends on where you settle and which US city you’re comparing it against.

The cost of living in Spain is approximately 30–40% cheaper than in the United States on average. Consumer prices – excluding rent – in Spain are estimated to be 35% lower than in the US, and rent is around 50% lower. The gap widens further when compared to US coastal cities like Los Angeles, San Francisco, Boston, New York, or Miami.

Marbella is Spain’s premium location, but it is still cheaper to live in compared to most coastal US cities. The Costa del Sol sits above the Spanish national average on housing, dining, and services, but it still comes in around 20-30% lower than places like San Diego or Miami.

Figures are illustrative and based on data from Numbeo. Actual costs vary by location, lifestyle and exchange rate.

Healthcare in Spain for American buyers

Spain has one of the best healthcare systems in the world. It ranks 6th out of 89 countries in the 2023 Health Care Index, second in Europe behind only Denmark.

Spain’s healthcare system operates on two tiers: the public Sistema Nacional de Salud (SNS), which is funded through social security contributions, and the private sector.

A non-resident buyer doesn’t have access to public healthcare, so you’ll require private insurance or an international health plan.

Once you become a tax resident, you gain full access to the public healthcare system, which is free at the point of use.

Education – international schools for American families

For education, American families relocating to Spain have four main options:

• Spanish state schools – Free and Spanish-speaking, but a steep learning curve for children over 8.
  
• Concertado schools – Semi-private, part state-funded, often with religious affiliations. Costs are around €100–€400 per month.
  
• Private bilingual Spanish schools – Strong academics with significant English content. Costs are around €500–€1,200 per month.
  
• International schools – The most expensive at around €8,000–€22,000 per year. They offer a full English, American, or IB curriculum.

Infrastructure – transport, connectivity, and daily life

Spain has fantastic infrastructure, and the Costa del Sol is one of the most connected regions in the country.

Flying into the region is fantastic, with Málaga airport a short drive from the coast. In terms of connecting to other areas of Spain, the high-speed rail (AVE) connects Málaga to Madrid in under three hours.

You can easily reach different parts of the Costa del Sol via the AP-7 highway, which runs along the coast.

Also, internet speeds are world-class. Spain ranks among the highest in the EU for fibre internet coverage.

How safe is Spain for American expats?

Spain is consistently ranked one of the safest countries in Europe. It sits in the top 30 globally on the Global Peace Index, and violent crime rates are a fraction of US levels – gun-related deaths in particular. The OECD Better Life Index shows Spain’s homicide rate at 0.6 per 100,000 vs 6.4 per 100,000 in the US.

The meaningful differences between the two are:

• Violent crime is low
• Zero gun culture
• Home security is a high priority with many gated communities available in Marbella

Retiring in Spain as an American

Spain is one of the top retirement destinations in the world for American nationals, and the Costa del Sol has a well-established American and English-speaking retiree community going back decades.

The main retirement visa route is the Non-Lucrative Visa (NLV). With the Golden Visa abolished in April 2025, the NLV is now the primary path for American retirees. The key requirements are:

• Proof of passive income of approximately €2,400 per month for the main applicant, plus €600 per month per dependent
• Private health insurance
• A clean criminal record
• You cannot work in Spain under this visa

The Beckham Law is often mentioned, but it does not apply to retirees. This is a special tax for skilled workers relocating for employment.

Under the US-Spain tax treaty, the US Social Security and certain pensions have specific treatment. However, once you’re a Spanish tax resident, you’re taxed on worldwide income. Speak to a cross-border tax advisor before moving to ensure you know the tax-related issues you may face.

Pitfalls and common mistakes Americans make when buying in Spain

There are several mistakes Americans can make when trying to purchase property in Spain. They’re common and easily avoidable, so it’s good to understand the mistakes before making them.

The main issues that usually occur are:

• Signing the reservation contract without due diligence – Always instruct your lawyer to perform due diligence before signing anything.
  
• Underestimating total transaction costs – Always account for additional costs. For example, a €500,000 purchase needs an extra €50,000–€70,000 available once taxes and fees are included.
  
• Using the seller’s recommended lawyer – Always appoint an independent lawyer registered with the local Colegio de Abogados.
  
• FX risk – Committing to a EUR purchase price while holding USD, without a forward contract, can cost tens of thousands. Use a specialist FX provider.
  
• Buying off-plan without escrow protection – Developers must hold deposits in a protected escrow account with a bank guarantee. Do not pay until you have written confirmation.
  
• Tax residency surprises – Spending more than 183 days in Spain means you become a Spanish tax resident, so you’re taxed on worldwide income. Track your days carefully.
  
• Failing to file Modelo 720 – Spanish tax residents must declare overseas assets worth over €50,000 in any of three categories: bank accounts, investments, or real estate.
  
• Ignoring US reporting obligations – US tax filing continues regardless of where you live.
  
• Buying before visiting enough – Spend time across the seasons before committing. Marbella is a totally different place in February compared to August.

Why the Costa del Sol is a top choice for American buyers

If Spain is beginning to feel less like a dream and more like a plan, the next step is simple: talk to a team that has guided American buyers through this process before.

At Bromley Estates Marbella, we’ve helped hundreds of international clients find their home on the Costa del Sol, and we’ll walk you through every step – from shortlisting properties and arranging virtual viewings, to connecting you with independent lawyers, cross-border tax advisors, and specialist FX providers.
Start with our complete guide to the buying process in Spain, or get in touch directly by calling +34 952 939 460 or emailing enquiries@bromleyestatesmarbella.com.