What’s the latest news on 90-day rule in Spain?

Since the end of the Brexit transition period on December 31st 2021, UK citizens and non-EU nationals have been impacted by the 90/180-day rule in the Schengen area, which effectively limits the amount of time you can stay in the 29 Schengen countries.

However, recent changes have been announced by Spanish immigration authorities relating to British tourists, including the golden visa. So, what are these changes, and how do they impact UK nationals?

How are UK nationals currently impacted by the 90-day rule in Spain?

Since the Brexit transition period ended, Spain and other Schengen countries have restricted UK nationals so they can only spend up to 90 days within a 180-day period. Over the past three years,

British citizens have lost the freedom of movement and the ability to stay long-term in Spain, which they had before Brexit.

Since January 1st 2022, Brits have been classed as non-EU citizens, requiring a visa to stay in Spain.

Despite this hurdle, the right to purchase property in Spain hasn’t changed for British citizens. However, the 90-day rule they’re now limited to dictates how long they can stay in their properties – discouraging many from investing in the Spanish property market.

What changes have the Spanish government made?

There are new tourist taxes and stricter border control rules, while many tourists must also conduct themselves more modestly with dress codes, heavy fines, drinking regulations and new hotel laws.

In addition, the Spanish golden visa has been brought to an end.

While several areas of Spain have announced bans on short-term holiday rentals, it isn’t necessarily a complete ban on tourists.

Malaga recently followed Alicante in announcing regulations on short-term holiday rentals to try and stop ‘over tourism’.

Short-term let licences will be granted for at least two years across 43 districts in Malaga.

Madrid and Seville announced measures on short-term rentals in 2024, but Barcelona is planning a total ban on holiday apartments by 2029.

Short-term rental bans can impact non-EU travellers as holidaymakers may find it difficult when searching for holiday accommodation, particularly in popular areas.

What information must you provide under the new Spanish law?

The above regulations have been introduced by the Spanish government to try and regulate tourism as many locals – particularly in Barcelona – are becoming frustrated with the housing situation.

The latest sets of changes involve non-EU travellers having to share additional information when checking into accommodation or when hiring a car.

As well as your full name, email address and passport number, anyone over the age of 14 must now share the following information:

• Gender
• Nationality
• Date of birth
• Home address
• Landline phone number
• Mobile phone number
• Payment details and method
• Relationship to any children in the travelling party under the age of 14.

Spain’s golden visa

The biggest change to prospective Spanish property owners is the end of the Golden visa. This popular visa, which allowed British nationals to gain Spanish residency status if they invested at least €500,000 in real estate, is to end on April 3rd 2025.

Immigration rules stated that non-EU citizens could obtain residency in the country simply by purchasing a property of at least half a million Euros. This was essentially a long-stay visa and allowed Brits to visit Spain as and when they liked – but that is now coming to an end.

With this long-term visa now coming to an end, any UK nationals wanting to purchase property in Spain will be limited in their travels by the 90-day rule.

If somebody wants to stay beyond the 90 days, they must apply for a residence permit, and this process must begin before the 90 days expire.

What can you expect at Spanish border crossings?

At Spanish border crossings, as border patrol officers look to enforce strict measures relating to the 90-day rule, you would have to provide more information than usual.

According to gov.uk, at Spanish border control, you may need to show:

• A return or onward ticket
• Proof of your travel insurance
• You have enough money for your stay – the amount varies depending on your accommodation
• A hotel booking confirmation or proof of address if you’re staying at a property you own
• An invitation or proof of address if staying with a third party, friends or family, such as a ‘carta de invitation’ completed by your hosts

Fingerprint and biometric data when entering Spain

In the final quarter of 2024, it was announced that British citizens would be required to provide fingerprints and a picture before being allowed access into Spain.

This collection of biometric data is part of the new Entry/Exit System (EES) that requires non-EU citizens to comply when entering most countries in the European Union.

New rules for holidaymakers

Some local authorities in Spain, including in Madrid, have banned drinking alcohol in public places and beaches. Anybody caught defying the law will be handed fines on the spot.

Smoking is also prohibited on most Spanish beaches. Anybody caught smoking will be fined £25.

There’s also now a limit on the amount of alcohol a person can consume or buy. Several resorts in the Balearic Islands – Magaluf and Palma – and parts of Ibiza are limiting tourists at all-inclusive resorts to six drinks per day, while two-for-one drinks, happy hours and pub crawls are now banned.

It’s also against the law to wear only swimwear like swimming trunks or a bikini in the street in places like Malaga, Palma in Mallorca and Barcelona. Fines of up to £250 are being handed out for anybody caught.

Should you still purchase property in Spain?

Yes, at Bromley Estates Marbella, we strongly believe you should still consider the Spanish property market either as an investment opportunity, a holiday home in the sun, or somewhere beautiful and warm to retire.

While the 90-day rule is still implemented in Spain and can cause problems for many travelling to the country, there are ways around it. The travel limit is just a tourist visa, but if you want to make a permanent move to Spain, you can choose between the lucrative and non-lucrative Spain visas or even a digital nomad visa if you’re working remotely for a country outside of Spain.

However, Spain is still actively lobbying for the end of the 90-day rule, which was not implemented by them. They’re still standing alongside France in wanting to end the travel limit for UK nationals as it impacts their economy.

At Bromley Estates Marbella, we’re always staying on top of the latest news from Spain regarding travel restrictions, visas and much more.

If you’d like to chat with a member of our team about anything you’ve read here or in our previous blog about the 90-day rule – or if you’re interested in viewing and purchasing property in Spain – don’t hesitate to contact us immediately.

You can do so by calling +34 952 939 460 (+44 208 068 7606) or by sending your enquiry to info@bromleyestatesmarbella.com.