Moving to Spain following Brexit has produced obstacles for British citizens looking to buy property in Spain. The main rule that has caused some concern and confusion is the 90-day rule.
General requirements for buying a house in Spain.
Regardless of Brexit, purchasing a villa in Spain has mostly stayed the same for non-EU citizens. It is necessary to obtain an NIE number, which is your unique identification number, for various legal reasons, including owning a property. You must prove you have enough funds to buy the property and cover its costs. You will need a legal representative or lawyer in Spain to help with the process and regulations.
Owning a property post-Brexit
When the UK exited the EU, some specific requirements were made for Brits who wanted to buy a home in Spain. British people now must have a visa to stay in Spain for more than 90 days out of 180 days, known as the Schengen 90/180-day rule. “Non-lucrative visas” are needed by anyone who plans to spend much time in Spain. They allow for extended stays of up to one year, and it is necessary to show that you have enough money to support yourself without being employed.
Schengen
The Schengen area includes the 27 European countries that no longer have borders between them based upon the agreement signed in this region of Luxembourg in 1985 to allow for freedom of movement within Europe. Not all EU members are part of this agreement, but some are not in the EU, and those are the ones who are affected by the 90-day rule when buying a villa in Spain.
90-Day Rule: Possible Changes
This rule has been frustrating for those who already own a home in Spain and those hoping to find a bungalow for sale in Spain either for holidays or as a second, more permanent home. It has meant that homeowners must disrupt their stay in their Spanish homes to comply with the regulation. Still, there is growing pressure to relax this rule, and Spain is considering changing it to allow non-EU homeowners to stay longer. France has taken the lead in proposing amendments to their laws, allowing British nationals to stay at their homes in France for six uninterrupted months per year. Spain might be open to making similar changes, but more must be confirmed. The Spanish government has suggested they are willing to consider and discuss proposals. Any changes that are agreed to would apply to all non-EU people, not just those from the UK.
Spain dropped the 90-day rule.
The rule is a European rather than a Spanish regulation. In addition to considering France's proposals, the government has stated that the ruling is unfair and outdated. However, they can only make changes or drop this rule with the agreement of other members of Schengen. They feel it isn’t reasonable for those non-EU citizens who want to spend more time in Spain, whether for leisure or work. However, there is no guarantee that this will happen since the ruling is there to prevent illegal immigration. Buying a house in Spain remains a popular move by British and other non-EU people who wish to spend as much time as possible in the Mediterranean, even with the existence of this rule.
Conclusion
Despite any perceived inconvenience caused by Brexit to those hoping to find an apartment for sale in Spain, the overall process is still relatively easy. At Hamiltons of London, many British customers still expect to see a home for sale in the Costa Blanca.
Exquisitely traditional Spanish villa with beautiful views, in Moraira, El Portet
