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Why Spain is unlikely to ever ban foreigners from buying property

After several regions around Spain have attempted to bring in limits on property purchases by foreigners, members of Spain's government coalition have even started floating the idea of an outright ban at a national level.

Why Spain is unlikely to ever ban foreigners from buying property
Photo: Guerrero De la Luz/Pexels.

In recent years several regions around Spain have attempted to put limits on foreigners buying homes and clamped down on tourist rentals. These are mainly in areas traditionally popular with foreigners, and many have become places with highly inflationary property markets.

In 2022 Canary nationalist political party Nueva Canarias demanded the regional government address the large number of property purchases by non-residents in the archipelago, and even suggested a limit on the number of properties that can be bought by foreigners altogether in the popular holiday islands.

READ ALSO: Will Spain’s Canary Islands limit sale of properties to foreigners?

Property prices have surged across Spain in recent years, sparked in part by an influx of post-pandemic purchases by foreigners, as well as tourist accommodation geared towards wealthy remote workers and digital nomads pushing up rental prices and pricing out locals. Increasingly, landlords will buy properties with the aim of converting them into Airbnbs, thus removing them from the pool of available (and affordable) housing stock for locals.

This comes after Spain’s other archipelago, the Balearic Islands, also started this same debate in November 2022, with the regional Senate agreeing to discuss solutions.

In the two decades from 2000-2020, the islands’ population grew by 50 percent – rising from 823,000 to 1,223,000 inhabitants. Around a third (32.67 percent) of property purchases in the Balearics are made by foreigners, and of those 57.4 percent are residents, while the remaining 42.6 percent are non-residents.

National ban?

But it’s not just a regional issue. In 2024, the debate rumbles on in parts of Spain particularly affected by foreign home owners and members of the Spanish government are even proposing similar measures at a national level. Though, it should be said, no policy has been decided on yet, and any move such as a ban (in whatever form, on whatever type of property) or even a limit would likely face fierce opposition from the main opposition parties, notably the centre-right Partido Popular (PP).

Sumar, the far-left junior coalition partner in the Spanish government, has even gone as far as proposing a three year ban on the purchase of housing by investment funds and non-residents in Spain.

This was recently outlined in a (for now) non-legislative proposal that was presented to the Spanish Congress’ Housing Commission. It was roundly rejected with the vote of, among others, its coalition partner in government, the Socialists (PSOE). That’s not to say the PSOE is totally against the idea, however.

Socialist Minister for Housing Isabel María Pérez said of the plans: “We agree on the philosophy of the proposal, but with nuances,” she said. “We have submitted an amendment but we think it will not be accepted, so we will not be able to support this bill,” she added.

So, from that we can take that the junior partner in the Spanish government wants to ban non-residents and investment funds from buying property in Spain, and the senior partner (Prime Minister Pedro Sánchez’s party, no less) supports the principle but not the practicalities.

READ ALSO: Spain’s new housing minister vows to protect second homeowners

The argument against

Clearly, non-resident foreigners buying up property in Spain, particularly in its space starved archipelagos, contributes to price inflation, saturates the market, and plays a role in pricing locals out of their own neighbourhoods.

However, it’s not that simple. Clearly, there is a difference between a non-resident foreigner buying a holiday home (perhaps to rent out as tourist accommodation for half the year) and a resident foreigner buying property to live in.

READ ALSO: How important are foreign second homeowners to Spain?

This difference has, for now, been reflected in proposed limits at both the regional and national level, rather than outright bans.

However, foreign home owners in Spain also make a huge contribution to the Spanish economy. In 2022 foreigners with a second home in Spain contributed €6.35 billion to Spanish GDP and generated more than 105,000 jobs in the tourism sector, according to the study “The economic impact of residential tourism in Spain” done for the Spanish Association of Developers and Builders (APCE) by PricewaterhouseCoopers (PwC).

The financial contribution made by these second-home owners in Spain is clearly significant. In fact, experts point out that the money brought into the Spanish coffers by foreign homeowners even outstrips some major industries.

“The contribution of residential tourism to GDP is triple that of the textile industry, double that of the timber industry and the same as the manufacture of pharmaceutical products in Spain,” Anna Merino, director of the Economics team at PwC, said when presenting the study. Every euro spent by ‘residential tourists’ adds €2.34 to Spanish GDP. On top of this direct contribution to the Spanish economy, the surrounding economic activity associated with the spending generated 105,600 full-time jobs in 2022.

So, there’s clearly an economic argument against banning foreign property purchases completely.

In the case of the Balearic Islands specifically, the proposals have met some opposition. The Balearics, which generates 35 percent of its GDP from tourism, according to figures from Caixa Bank, has long been a holiday or second-home hub for wealthy foreigners.

On this point, right-wing Popular Party member Sebastià Sagreras suggested in the regional parliament back in 2022 that conflating the foreign-buyer property market with local shortages is unhelpful, adding that the properties bought by foreigners, often worth more than a million euros, “do not compete” with those that cost €200,000 or €250,000 and are largely bought or rented by national residents.

Is it even legally possible?

Denmark, Malta and the Aland Islands in Finland all have restrictions on how non-resident foreigners can buy properties in their territories. However, they introduced these before entering the EU and these limits were factored in and accepted by Brussels. For Spain to do this, it would be much more difficult.

For local authorities in both the Balearic and the Canary Islands it could prove difficult to go against the EU’s legal principles of the free movement of people and capital, experts say.

This means that other potential solutions may be needed. Though there doesn’t seem to be a national level ban on foreigners from buying properties in Spain anytime soon, several regions have been attempting to do it for a couple of years, at least for non-residents, and even the national government is beginning to try and do something about it.

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POLITICS

Exiled separatist leader rallies support in France ahead of Catalan election

"Puigdemont, president!" chanted an excited crowd waiting to enter a campaign rally in Argelès-sur-Mer, a French seaside town near the Spanish border in an area Catalan separatists refer to as "Northern Catalonia".

Exiled separatist leader rallies support in France ahead of Catalan election

It is here that Carles Puigdemont, the self-exiled Catalan separatist leader, has set up his campaign headquarters ahead of Sunday’s elections in the northeastern Spanish region of Catalonia, which lies just 30 kilometres (18 miles) across the border.

It was nearly midday and several thousand activists were waiting to get into the venue to see the 61-year-old former Catalan leader, who led the botched 2017 bid for Catalan independence from Spain before fleeing the country to avoid prosecution.

He lived for several years in Belgium but relocated last month to the southeastern French region of Pyrenees-Orientales, where Catalan culture and language is widespread and which separatists see as the northern part of their homeland.

Unable to enter Spain, where he is still subject to an arrest warrant, Puigdemont, who heads the hardline separatist JxCat party, is campaigning in southern France ahead of the May 12th regional elections.

READ ALSO: Why regional elections in Catalonia matter to Spain’s future

His rallies are drawing busloads of supporters, who are ferried across the border in coaches plastered with posters of Puigdemont’s face and slogans like “Catalonia needs independence!” on a trip that takes at least two and a half hours.

In the carpark outside the venue, several buses were waiting, as nearby loudspeakers vibrated with festive Catalan music that is punctuated by upbeat messages from the organisers.

“It’s quite sad. The president should be allowed to go where he needs to go, to Catalonia, which is why it’s very important that we’re here,” explained Angels Lores, a 58-year-old teacher who refers to Puigdemont as if he were still regional leader.

It is the third time Puigdemont has run in the regional Catalan elections since fleeing Spain in October 2017.

But this self-imposed exile could soon be over thanks to an amnesty law.

The bill was passed by the left-wing government of Prime Minister Pedro Sánchez in exchange for support from the Catalan separatist parties in parliament that enabled him to obtain a new four-year term in office.

The draft law is expected to receive its final green light by the end of May, heralding Puigdemont’s triumphant return home.

‘A new relevance’

“These are important elections because after all this time he’s been in exile, Puigdemont’s possible return has given them a new relevance,” said Arnau Olle, a 29-year-old IT specialist from a town near Barcelona.

A few streets away, the residents of Argelès-sur-Mer did not appear to be very excited by what may be at stake in the Catalan elections.

In the market, Alain Saussier, 72, said he’d seen “a few buses go by” but not much else.

Outside a nearby bakery, 71-year-old Muriel Creel said she knew Puigdemont was in town but admitted she has no interest in his ideas.

“Spain is one country, like France, and it must stay like that.

“We need regional traditions. That’s fine. But the country must stay united,” she told AFP.

After the rally wrapped up with the traditional cheer of “Long live free Catalonia!”, Yolanda Gómez, a 60-year-old housewife from Barcelona, emerged smiling.

Despite polls pointing to a victory by the Catalan branch of Sánchez’s Socialist party, Puigdemont was “excited and enthusiastic”, she said.

And when he finally returned to Spain victorious, they would hold “a party”, she said.

Her sister Sonia chipped in: “Like when Barcelona wins the Champions League!”

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