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Legal & tax

Owning property in Spain: legal, tax and inheritance step by step

Jens NorströmReviewed by María González, lawyerJuly 20268 min

Once the purchase is done, ownership begins — and there are a few things a Nordic owner should know, though they're rarely complicated with the right help. Here we walk through the lawyer's role, how you can handle most things from home, what tax you pay as an owner, and why a Spanish will is worth having. The goal is that you feel secure about what owning means, not just buying.

1. Your own lawyer — and why

Your own lawyer representing you is the single most important safeguard both when buying and while owning. The lawyer checks that everything is in order (due diligence): that the seller owns the property, that it's free of debts and mortgages, that building and occupancy permits exist, and that no fees come with it. During ownership the lawyer helps you with tax, contracts, rentals and — when that day comes — inheritance.

With us, both agent and lawyer are included under one roof. You don't need to find legal help separately; we guide you through the whole path in your language.

2. Handle most things from home — power of attorney

You don't need to be in Spain to own and manage your property. With a power of attorney (poder) your lawyer can apply for the NIE, sign agreements, complete the purchase and handle ongoing matters for you. That makes ownership practical even when you live in the Nordics most of the year.

3. How you own — ownership structures

A property can be owned individually, jointly by several people, or in some cases through a company. Which form suits you depends on your situation — how many of you own it, how you want to handle inheritance, and your tax situation at home. This is one of the things your lawyer goes through with you before the purchase, so ownership is set up right from the start.

4. Tax you pay as an owner

As an owner you pay a few ongoing taxes. The local property tax (IBI) is paid annually to the municipality. On top of that there's an annual state tax for those not tax-resident in Spain — and it's easy to miss.

If you rent the property out, the rental income is taxed instead, for Nordic owners at 19% and with deductions for costs. Your lawyer helps you file correctly.

Wealth tax worries some, but for the vast majority it's a non-issue: Andalusia has a bonificación that in practice makes it €0. Only above a net worth of three million euros might a state tax apply — far above what an ordinary home represents.

Good to know

As a non-resident owner you pay an annual income tax (IRNR) even if you don't rent the property out — Spain taxes a notional income for having the home at your disposal. It's filed separately (modelo 210), independent of IBI. For those living in Sweden, Finland, Norway or Iceland the rate is 19%, calculated on a small share (1.1–2%) of the cadastral value — in practice often a modest amount. Andalusia, July 2026. Source: Agencia Tributaria. General information, not tax advice — your lawyer files the return and works out your amount.

5. Wills and inheritance

This is where your own lawyer really makes a difference, and it's worth arranging early. Since the EU Succession Regulation (650/2012), the default is the inheritance law of the country where you were habitually resident — but in a will you can expressly choose your home country's law to govern the inheritance. For a Swedish or Finnish owner that means you can ensure Swedish or Finnish inheritance law applies to your Spanish home.

Inheritance tax is paid in Spain on the Spanish assets, and as a Nordic owner you benefit from Andalusia's generous reductions. Your lawyer works out what applies to you and makes sure everything is done on time.

Good to know

A Spanish will covering your assets in Spain is recommended for foreign owners. It makes the inheritance considerably simpler, faster and cheaper for your heirs — they avoid legalising, apostilling and translating a foreign will. It doesn't affect your assets at home. General information, not legal advice — your lawyer draws up the will based on your situation.

6. On a future sale

When you one day sell, tax on the gain applies, and if you're a non-resident the buyer withholds 3% of the price as an advance on your tax. The whole selling process — including capital gains tax and the 3% retention — is covered in our guide on selling property in Spain (see Read more below).

  • No, it's not mandatory — but strongly recommended. Your own lawyer representing you protects you through the whole purchase and ownership. With us it's included under one roof.

  • The local property tax IBI, and an annual non-resident income tax (IRNR) — for Nordic owners 19%, often a modest amount, even if you don't rent out.

  • In practice no for the vast majority — Andalusia has a bonificación that makes it €0. Only above three million euros in net worth might it apply.

  • It's strongly recommended. It makes the inheritance simpler and cheaper for your heirs, and you can choose your home country's inheritance law to apply.

  • Yes. With a power of attorney your lawyer can handle the NIE, contracts, tax and ongoing matters for you.

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