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DRIVING

Reader question: Can I buy a car in Spain if I’m not a resident?

If you spend only part of your time in Spain but don’t officially reside in the country, what are the rules regarding vehicle ownership? Can second home owners buy a car for the time they spend in Spain?

Reader question: Can I buy a car in Spain if I'm not a resident?
Interested customers look at a new car at a SEAT dealership in Vigo. (Photo by MIGUEL RIOPA / AFP)

Depending on where you have your home in Spain, getting a car might be necessary or not at all. 

Towns and cities across the country usually have an excellent transport network and many neighbourhoods are often tightly-knit well-serviced areas where you can find most of what you need within walking distance.

But if you live in a more rural setting or want the comfort of a car for weekend getaways and more, having your own vehicle might be what you need for life in Spain. 

But what happens if you’re a second home owner who is a non-resident in Spain? Is vehicle ownership possible?

Yes, it is.

Generally speaking, foreign nationals can buy a car registered in Spain provided they are residents in Spain, but not fiscal residents in the conventional sense. 

READ ALSO: The cheapest new cars to buy in Spain

There are different opinions in both Spanish and English-language sources over how this residency has to be proven. 

Some say it’s necessary to have a green residency document if you’re an EU national and the TIE card if you’re a non-EU national, others say just having a NIE foreign identity number (not residency) or the padrón (town hall registration) is enough. 

According to Spain’s General Directorate of Traffic’s vehicle rules (El Reglamento General de Vehículos), a foreigner can accredit their residency by showing one of the following:

  • An official residency document 
  • The title deeds to prove they own a property in Spain 
  • A rental contract for a property in Spain 
  • A NIE/NIF number
  • Padrón 

That means that if you’re not officially a resident with a Certificado de Registro de Ciudadano de la Unión green document, or a TIE (Tarjeta de Identidad de Extranjero) but you own a property or you rent one long-term, you can buy a Spain-registered vehicle. 

If you own or rent a home in Spain, you’ll most likely have at least a NIE number, and possibly also a padrón. 

Obviously, non-resident non-EU nationals have to factor in the 183-day rule to not become tax residents in Spain when it comes to buying a car in Spain. 

It may be better to rent a car for the maximum 90-day periods that they can spend in Spain.

Due to the EU’s freedom of movement, this is not as closely monitored with EU nationals and residents.

The Local Spain called up two car showrooms to confirm whether it was possible to buy a car without being a resident and both confirmed that it is possible if the buyer is renting or owns a property in Spain. 

It’s also worth noting that it may be harder to access financing for your vehicle if you’re not a resident in Spain as you’ll have to provide proof of income/pension etc and you’ll have to meet the standards of the Spanish financing entity with your foreign documentation.

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Member comments

  1. Hi, what about driving a British registered car to Spain and using it for 6 months? We have TIE’s and own a Spanish property but are British citizens.

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For members

RENTING

Do I have to pay the estate agent a commission if I rent in Spain?

Who has to pay the real estate agent commission (usually equivalent to one month's rent) in Spain: the landlord or the new tenant? And are there exceptions to the rules or underhand tricks agents use to get tenants to cough up more money?

Do I have to pay the estate agent a commission if I rent in Spain?

Up until 2023, the general rule in Spain was that both the landlord and the tenant would both have to pay estate agency fees when a rental contract was processed through them, although in some cases it was just the arrendatario (tenant) rather than the arrendador (landlord) who had to foot most of this commission.

Tenants often had the sense they weren’t getting much in return out of it, as it was common to find apartments hadn’t been cleaned, filled with broken furniture and other appliances that weren’t working.

On top of a commission to the agency equal to one month of rent, tenants had to pay one to two month’s deposit and a month’s rent, meaning they had to pay a total of three to four months’ worth of fees upfront, which would rack up to a lot of money. 

READ ALSO: The cities in Spain where people fight most over a place to rent 

Thankfully, Spain’s housing law, brought into force in May 2023, put an end to this and now it’s solely down to the landlord to pay the agency fee as they’re the ones who hired them.

The law, which modified part of the Urban Leasing Law of 1994, now states: “The expenses of real estate management and formalisation of the contract will be borne by the lessor,” that is, the owner of the property.

READ ALSO – Renting in Spain: Can my partner move in with me?

One of the main problems is that agencies have been doing this for so long that they stand to lose quite a bit of money and may continue to ask tenants to pay on the side. 

Alejandro Fuentes-Lojo, a lawyer specialised in real estate law explained to Spanish news site Newtral: “Many professionals will try to circumvent this prohibition, and in some cases they will try to make the tenant pay out of pocket, but we must warn that if they agree, they will be unprotected by the law”.

Be aware, even though tenants shouldn’t have to pay the full agency fees anymore, there are certain circumstances in which they may still have to pay something.

The Rental Negotiating Agency (ANA), states that there are a series of exceptional cases where real estate agencies can pass some of these expenses on to tenants, specifically when they are offered a series of additional services that directly benefit them.

These expenses could include house cleaning services at the end of the lease, repair services and legal advice during the duration of the contract, or other services where it can be proven that they have a direct benefit for the tenants. These expenses can only be collected after the contracts are signed.

READ ALSO – Q&A: When can you legally leave a rental property in Spain? 

The general director of ANA and a lawyer specialised in leasing, José Ramón Zurdo, states: “The new Housing Law does not regulate or limit the impact of expenses that accrue after the signing of the contracts, because the limit of expenses that can be passed on is closed after this time”.

According to the new housing law, expenses that can’t be passed on to the tenant include management expenses charged by real estate agencies for intermediating, searching for tenants and showing the homes. Tenants can also not be charged for expenses of formalising contracts or paying any lawyers or notaries involved.

There are also four exceptional cases where agencies can still charge fees to tenants, when they are not habitual residence leases and, therefore, are not regulated by the Urban Leases Law.

These include:

  • Tourist accommodation
  • Rental of commercial or office space
  • Seasonal rentals
  • Luxury housing leases – Properties whose surface area exceeds 300 m2 built, or whose rent exceeds the interprofessional minimum wage by 5.5 times.

READ ALSO: Spanish court rules buyer can purchase property directly from seller without paying agency fees

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