Military Authorisation needed to buy property in certain areas of Spain

IT only affects non-EU foreigners (even if they reside in Spain) and it is not usual, however, in certain areas, when these citizens buy properties, they need military authorisation.

For example, in Murcia, the coast of Galicia, on the borders with Portugal and France, on the coast between Cádiz and Huelva, in the Canary and Balearic Islands and in the cities of Ceuta and Melilla; there are certain areas with such restrictions.

It is a restriction that seems obsolete in current times, but it is fully in force and must be taken into account because its effects may prevent the sale of a property.

In the case of inheritance, the system is less rigid since the law allows authorisation or to sell the property.

All nationals of non-EU countries, including Great Britain from January 1, 2021, who want to buy a property in the area of Cartagena, the Strait of Gibraltar, in the Bay of Cádiz, the border with Portugal or with France and the Galician coast, depending on the area, may need the express authorisation of the Ministry of Defence.

CURRENT SITUATION July 2021: One of the causes that eliminate the need for military authorisation is that the urban planning plans are approved by the Ministry of Defence, although all the urban planning plans of the affected populations are considered approved, so it is no longer military authorisation that is necessary in urban farms, but it is still necessary in rustic farms, border towns or Ceuta and Melilla.

Of course, if you instruct ourselves as your independent lawyers for a property purchase we will let you know if you need the certificate. Remember not to pay or sign anything when you buy your property in Spain until you have taken some legal advice from ourselves, or other lawyers regulated by the Bar Association here in Spain.

Marisa Moreno lawyer at Just Law Solicitors and Consul for Denmark. www.justlawsolicitors.com • contact@justlawsolicitors.com