Written by Yolanda Pérez
The Spanish law states certain limitations restricting access to properties located on Spanish military lands or areas of interest for the Spanish National Defence to non-EU foreigners including individuals and companies, and also to Spanish companies when certain characteristics concur.
Therefore, this regulation applies to British citizens and companies from 1st January 2021 who wish to buy or gain interest over a property located in those aforementioned areas. The law affects new build and resale properties equally but not every Spanish property is affected.
In particular, British citizens must apply for a permit from the Spanish Ministry of Defence to proceed with the transaction. In order to proceed with the application, the buyers who are affected will need to apply for Disclosure and Barring Service (DBS) check to get a copy of their criminal record from the country where they have been residing for the last five years.
This document must be legalised with the Apostille at the Foreign Office and translated by a Spanish sworn translator. Then, it must be sent to the Spanish Ministry of Defence for a decision which should be issued within a maximum of five months.
Please do not hesitate to contact our office if you need further advice.