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VISAS

Portugal and Ireland have scrapped their golden visas. Will Spain be next?

Portuguese and Irish authorities have announced they will stop offering ‘golden’ residency visas to rich non-EU foreigners who purchase expensive properties, and there are political calls within Spain for the same thing to happen here. 

Portugal and Ireland have scrapped their golden visas. Will Spain be next?
Ronda in Málaga province. There is increasing pressure at a regional and national level to ensure that residents in Spain are not priced out by wealthy second-home owners. Photo: Jordi Vich Navarro/Unsplash

Portuguese Prime Minister António Costa on February 16th announced that as a means of tackling the increasing lack of affordable housing in the country, his government will no longer offer residency to foreign property buyers or other investors through so-called golden visas.

Furthermore, Portuguese authorities will not grant new licences for short-term tourism rentals either, except in rural areas suffering from depopulation. 

Any third-country national wishing to renew their pre-existing golden visa will have to prove that their Portuguese property is being rented out on a permanent long-term basis, rather than as a holiday home.

These drastic measures come 11 years after Portugal’s golden visa was first introduced, with 11,535 residency authorisations issued and €6.7 billion in foreign investment. 

Back in 2012, there was a need for such a scheme to exist and it had largely met its objectives, Portuguese government officials have said.

But “the fight against price speculation in real estate” takes precedence now for Costa, who denied he was “killing the goose that laid the golden eggs” when referring to the tourism industry. 

Portugal has toughened its golden visa rules since 2020, making the financial requirements higher and preventing foreign property purchases in Lisbon and other areas where locals were being priced out by wealthy foreigners. 

Now they have taken the decision to fully scrap it, with the news coming just a day after the Irish government announced it would also axe its own golden visa scheme, citing internal and external reviews which recommended doing so. 

These decisions come after years of warnings by the EU that such foreign investment residency deals were a risk to security, transparency and the bloc’s values. 

This has been highlighted by the joint ban of golden visa applications by Russian tycoons looking to flee to Europe following their country’s invasion of Ukraine. 

So how about Spain and its golden visa? Is it also at risk of being scrapped?

On February 14th, Spanish political party Más País lodged a legal proposal at the Spanish Parliament calling for Spain’s golden visa scheme to also be abandoned. 

Their spokesperson Íñigo Errejón voiced the same reasons as those given by Portugal’s government – put an end to – or at least lessen – property speculation in Spain. 

“They’re driving up prices and kicking residents out of their neighbourhoods,” Errejón said of the influence of second homes on Spain’s property market.

For the former Unidas Podemos politician, these residency permits distort the market and don’t benefit the national economy.

It’s worth noting that Más País does not have much political clout in the Spanish Parliament, with only 3 seats out of 350, but could the tides be changing for wealthy foreign property buyers in España?

Spain is already one of only a few countries in the world that has a wealth tax for both residents and non-residents, and a new ‘solidarity tax’ for millionaires was also introduced in 2023. 

In recent weeks, regional governments in Spain’s two archipelagos – the Canary and Balearic Islands – have both announced that they were considering whether they should limit the sale of properties to non-residents as a means of quashing spiralling rents and property prices, something Canada has just decided to do.

The same proposal has been voiced by Podemos’s Alejandra Jacinto in Madrid.

Property prices are indeed on the up across Spain’s most popular spots, and in cities such as Málaga, there are now more tourist rental properties in the city centre than there are actual residents. 

Needless to say, rents in the southern city are up by 25.8 percent in 2023 compared to the previous year and property prices by 15.5 percent, as a result in large part of the proliferation of more profitable tourism rentals. 

It’s an election year in Spain and access to housing is one of the main concerns among Spain’s 48 million inhabitants. 

Spain’s ruling left-wing coalition government is yet to comment on whether it intends to change anything regarding Spain’s golden visa scheme, but there is increasing pressure at a regional and national level to ensure that residents in Spain can afford a home. 

Therefore, anyone considering getting a Spanish golden visa would do well to apply sooner rather than later if they want to be on the safe side.

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PROPERTY

Spain considers banning tourist lets in residential buildings

The Spanish government has announced it's studying the possibility of prohibiting tourist apartments in residential buildings where property owners live.

Spain considers banning tourist lets in residential buildings

The Minister of Housing and Urban Agenda, Isabel Rodríguez, announced this Tuesday that the Government is studying a reform of the Horizontal Property Law in order to allow property owners to prohibit tourist apartments in their residential buildings.

In Spain, each building has what’s known as a community of neighbours, referred to La Comunidad or Comunidad de Vecinos in Spanish, and essentially the Spanish government is considering giving them veto power over tourist apartments in their buildings.

READ ALSO: ‘La comunidad’: What property owners in Spain need to know about homeowners’ associations

The announcement was stated in an interview on Telecinco, in which Rodríguez stated that this move comes as a consequence of recent supreme court rulings on tourist apartments in Oviedo in Asturias and San Sebastián in the Basque Country.

In the rulings, the magistrates concluded that the rental of housing for tourist use is an economic activity, and agreed that communities of owners in two separate buildings could ban tourist rentals in several apartments.  

“It will be the neighbourhood communities that will also be able to participate in these types of decisions, because this phenomenon, which is not exclusive to our country, affects the entire world and the main capitals in Europe,” explained the minister.

READ ALSO – UPDATE: Which cities in Spain have new restrictions on tourist rentals?

Recently, Rodríguez has criticised that the proliferation of tourist apartments causes problems for locals, that it stops them from being able to access decent housing and raises the price of rentals.

She praised the regions which have taken steps to try and put a stop to this and gave the recent example of Barcelona City Council, which announced last Friday that it would eliminate all tourist apartments by the end of 2028.

She believes this move in Barcelona “will benefit citizens who want to live in their city, who do not want it to be a theme park and who prioritise the right to access housing over economic interests”.

Spain’s Horizontal Property Law , which was modified once in 2019, already states that it “requires a favourable vote of three-fifths of the total number of owners who, in turn, represent three-fifths of the participation quotas”. This means that already owners have a big say in whether tourist licences can be granted to apartments in their buildings.

However, the particular wording of the law has been the subject of much legal controversy and judicial interpretation. The reason is because the wording of the law only mentions the possibility for communities to “limit or condition” tourist use, but they do not have the power to “prohibit” since the law does not expressly say so.

Several regions have their own rulings through regional courts, but this new announcement aims to make it universal across the board in Spain and ensure that there’s no room for misinterpretation.

Rodríguez is set to meet this afternoon with the governing board of the Spanish Federation of Municipalities and Provinces (FEMP) and the Housing and Tourism Commissions to address this matter and come to a decision. 

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