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This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.
The UK’s exit from the EU has brought to light new issues affecting British nationals wanting to live and/or purchase a home in Spain. The latest one involves getting military permission to buy a property in Spain. British buyers were previously unaffected by this requisite but as non-EU nationals since Brexit, it now forms part and parcel of the purchase procedure in some parts of Spain.
The bad news is that getting military permission adds paperwork and time to the purchase process. And in addition, it applies to many parts of Spain and in particular, those popular with British buyers. However, the good news is that in the majority of cases, the permission is automatic and your lawyer will be able to take care of all the paperwork on your behalf.
In this article, we look at why and where military permission is needed.
What is Military Permission to Buy a Property in Spain?
The Spanish Armed Forces consider certain parts of Spain and its islands as strategic. Owning property on them therefore constitutes a matter of national defence. As a result, non-EU buyers need military permission if they want to buy, sell or carry out extension work on a property in a strategic area.
Is it a New Requirement?
No, far from it. The current law dates back to 1978. It applied to all foreign property buyers in Spain regardless of their nationality until Spain joined the EU. Under the reciprocal agreement, EU nationals do not need military permission to buy a property in Spain.
Why Does it Affect British Buyers Now?
When the UK was part of the EU, this regulation did not affect British buyers. However, since Brexit, British nationals are no longer subject to the exemption. As a result, they need military permission if they want to buy a property in an area of Spain designated as ‘strategic defence’ (see below).
Which Parts of Spain Require Military Permission?
A surprisingly long list of area forms part of designated strategic defence zones in Spain. The 1,500 municipalities are mostly located in:
- The Strait of Gibraltar and the Cadiz coast (Costa de la Luz) between Algeciras and Cadiz.
- Parts of the Canaries and Balearics.
- The area around Cartagena in Murcia.
- The southern part of the Alicante coast (Costa Blanca) that borders with Murcia.
- Borders areas with France and Portugal.
How Do You Apply for Military Permission?
You need to request permission from the Ministry of Defence accompanied by the following documentation:
- Copy of your passport or residence permit https://costaluzlawyers.es/for-you/a-full-guide-on-residency-and-nationality-options-in-spain/.
- Certificate of a clean criminal record from your country of residence (translated into Spanish).
- Detailed plans of the property you want to buy, sell or extend.
How Long Does It Take to Get?
Allow at least two months and up to four for permission to arrive.
What Should I do Next?
As with all aspects of buying property in Spain, take advice from a specialist property lawyer on getting military permission for your purchase.
Your lawyer will be able to ascertain if a permit is necessary and find out exactly how to apply for it. This will facilitate the process and keep the purchase stress-free for you.
Conveyancing is one of the specialist legal areas at Costaluz Lawyers and our team can help you buy a property in Spain with complete guarantees and peace of mind. Get in touch to find out how we can help you buy with total confidence and zero stress!
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- Buy Property with an Independent Lawyer
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Legal Notice: The content on this page is provided for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. No action should be taken based solely on this content without first seeking independent professional legal counsel. Each case requires individual assessment based on its specific circumstances. CostaLuz Lawyers accepts no liability for actions taken or not taken based on this content.
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Hi, does this apply to a Swiss National?
Hi,
Thank you for your inquiry. As a Swiss national, you do not need military permission to buy property in Spain. This requirement applies specifically to nationals of countries outside the European Union (EU) and the Schengen Area. Since Switzerland is a part of the Schengen Area, you are exempt from needing military authorization.
The military authorization requirement is in place for non-EU and non-Schengen nationals who wish to buy property in certain strategic areas of Spain, such as the Balearic Islands, Canary Islands, and areas near military installations or borders (including the borders with Portugal and France, and areas around Gibraltar and Cartagena)
Therefore, as a Swiss national, you can proceed with purchasing property in Spain without needing this additional step. If you have any further questions or need assistance with the property buying process, feel free to reach out.
Best regards,
Hello Maria Luisa
As a Swiss couple we were interested in reading this information as we are considering buying a house in Tindaya/Fuerteventura.
there are different opinions about this military certificate – even 2 estate agents told us that we have to apply for this certifcate…
Do you also have a subsidiary office on Fuerteventura or can recommand a lawyer there?
as next question is how long we are allowed to stay on the Island: 3 months only or up to 5-6 months? this would be a vacation house, center of life would remain Switzerland.
thanks and best regards, Iris
If you’re considering buying a property in Tindaya, a military certificate is required if you are buying in non-urbanized land. As Swiss citizens, you can stay in Spain for up to 90 days without a residence permit. For longer stays, you can apply for a residence certificate similar to that of EU citizens under the Agreement on the Free Movement of Persons (AFMP) , requiring proof of sufficient funds and health insurance.