At Luxinmo, we have a specialized legal team that can resolve these types of questions in person or over the phone. If, after reading this guide, you need an assessment of your case (nationality, duration of stay, visa, home purchase), we can guide you with up-to-date criteria and official sources.
Recommended reading: Can I obtain residency in Spain if I buy a house?
Does owning a property extend your length of stay?
No. Owning property in Spain does not in itself grant you more days of stay or an automatic right to residency. The allowed length of stay depends on your nationality and the type of visa or permit you hold, just as if you did not own property.
EU/EEA/Swiss citizens
Entry and stays of up to 3 months are unrestricted. If you plan to stay more than 3 months, you must register as an EU resident in Spain (registration certificate), proving sufficient resources and health coverage. Property ownership can serve as proof of address but does not replace these requirements.
Non-EU citizens
As a general rule, the Schengen regulation of 90 days in any 180-day period applies for short stays (with or without a visa, depending on nationality). Owning property does not extend this limit. In exceptional cases, a short-stay extension can be requested from Immigration/Police when justified (e.g., force majeure). These extensions are discretionary and limited.
Staying more than 90 days or residing
For stays longer than 90 days or for residency, you must obtain a national visa and, subsequently, a residence permit according to your situation. The most common routes include:
- Non-lucrative residence: living in Spain without working, providing proof of financial means and insurance.
- Employment or self-employment: requires work authorization.
- Studies: for courses longer than 90 days.
- International telework (digital nomad): specific visa for working remotely for companies outside Spain.
Note on the Golden Visa: the residence-by-real-estate-investment route was abolished in Spain and has been unavailable since April 3, 2025. Therefore, owning property no longer grants access to this permit.
Property ownership and tax residency: different concepts
Owning property does not automatically make you a tax resident. In general, the Spanish Tax Agency considers a person a tax resident if they spend more than 183 days in Spain within the calendar year or have their center of economic interests in Spain. This is a tax criterion, different from the immigration one (visas/stays).
Risks and practical recommendations
- Overstay: exceeding the 90/180-day limit can result in fines and future entry problems.
- Planning: if you anticipate long stays, start the process for the appropriate visa in advance. Check with the consulate of your country of residence.
- Documentation: keep proof of entries/exits and insurance and financial status, especially if you are an EU citizen staying longer than 3 months.
- Legal advice: circumstances vary (family members of EU citizens, teleworking, students). A tailored analysis prevents issues.
- At Luxinmo, we have already explained how to obtain the NIE easily, so we recommend checking out the post and contacting us if you still have questions.
In short
Ownership ≠ permit. With property in Spain, you can:
- If you are an EU/EEA/Swiss citizen: stay up to 3 months without formalities; for more than 3 months, register as an EU resident with requirements.
- If you are a non-EU citizen: short stays up to 90/180; for longer stays, national visa and residence (non-lucrative, work, studies, digital nomad).
- Golden Visa via real estate: abolished since 03/04/2025.
- 183 days: tax criterion, not immigration.
Official sources
- Spanish Ministry of the Interior: Short-stay (90/180 days)
- Ministry of Foreign Affairs/Consulates – Schengen Visa (90/180), national visas
- BOE – Royal Decree 240/2007: free movement and residence of EU citizens (>3 months)
- Spanish National Police – Short-stay extension
- Spanish Tax Agency – Tax residence criteria (183 days, economic interests)
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