Military Permit to Buy Rustic Properties in Spain for Non-EU Citizens

Introduction

If you are a non-EU citizen planning to purchase a rustic property in Spain, you may be required to obtain prior military authorization from the Spanish Ministry of Defence. This requirement, often unknown to foreign investors, can significantly delay or even block real estate transactions in certain regions of Spain—especially for rural or non-developable land.

In this article, we explain when and why this military permit is needed, what areas of Spain are affected, what type of properties are subject to this regulation, and how to apply for the permit.

1. What Is Military Authorization in Spain?

Under Law 8/1975 and its regulatory development in Royal Decree 689/1978, non-EU citizens must obtain military authorization to purchase or inherit certain properties in areas considered strategic for national defense. The purpose of this requirement is to ensure that real estate acquisitions in sensitive military zones remain under controlled ownership.

This rule applies to:

Inter vivos acquisitions (e.g., purchases or donations)
Mortis causa acquisitions (e.g., inheritance)

The requirement is also extended to Spanish companies where more than 50% of the ownership is held by non-EU nationals.

2. Who Needs Military Authorization?

The obligation applies to nationals of countries outside the European Union and outside the Schengen Area. This includes citizens of countries such as:

United States (USA)
United Kingdom (UK)
Canada
Australia
Mexico
Argentina
Colombia
China
United Arab Emirates (UAE)
Saudi Arabia
India
Venezuela
Turkey
And many more

⚠️ IMPORTANT: Since the United Kingdom left the European Union (Brexit), British citizens are now subject to this requirement.

3. What Areas of Spain Are Affected?

The military permit is not required throughout the entire Spanish territory, but only in protected zones designated for their strategic military interest.

These areas include:

Balearic Islands (especially for rustic land)
Entire Galician coast (A Coruña, Lugo, Pontevedra)
Border regions with Portugal
Gulf of Cádiz, Algeciras, and Gibraltar
Cartagena and Murcia
Southern Alicante (including areas like Orihuela Costa, La Zenia, Pilar de la Horadada, Playa Flamenca, San Pedro del Pinatar, San Javier, Sucina, and Torrevieja)

4. What Type of Properties Require a Military Permit?

This depends on the location:

In General:

All types of real estate (urban and rustic) located within protected areas may require authorization.

In the Balearic Islands:

Only rustic or non-developable land requires military authorization. Therefore, if you’re buying an apartment or house in an urban area or residential complex in Mallorca, Menorca, or Ibiza, you will not need this permit.

In Other Protected Areas:

Both urban and rural properties may be subject to this requirement.

5. Inheritance and Military Authorization

The law also applies to inheritances:

If a non-EU citizen inherits a property in a protected zone, they must apply for military authorization within 3 months of accepting the inheritance.
If authorization is not granted or not requested, the property must be sold within one year.

6. Required Documentation to Apply for Military Authorization

The process is bureaucratic and requires the submission of a detailed application to the Spanish Ministry of Defence, including:

A) For Individual Buyers (Natural Persons)

Certified and apostilled copy of the valid passport
Spanish NIE (Foreigner Identification Number)
Criminal background certificate from the country of residence, translated by a sworn translator and apostilled
If residing in Spain: certified copy of the Spanish residency permit

B) For Companies (Legal Entities)

If the buyer is a Spanish company with more than 50% ownership held by non-EU citizens, the following must be provided:

Deed of incorporation and updated bylaws
Certificate from the legal representative detailing the shareholder structure, identifying all foreign partners and their participation

C) Property Documents

Detailed geographic location of the property with distances to the coastline and nearby military installations
Scaled plot plan (minimum 1:500 scale)
If construction or renovation is planned: a draft project, including a technical report with descriptions and objectives of the planned works

7. How Long Does It Take to Get Military Authorization?

The process is lengthy and can take 5 to 7 months, or even longer, depending on the case.

Because the property cannot be legally registered in the buyer’s name until the authorization is granted, it is essential to plan ahead and initiate the application as early as possible.

8. How Does This Affect the Purchase Process?

The military permit is a prerequisite to signing the final deed of purchase.
Notaries will refuse to authorize the transaction if the buyer has not obtained the required permit.
Banks and mortgage providers may not release funds for completion without proof of this authorization.

This makes the military authorization a critical legal condition in the purchase of rustic or protected properties in Spain.

9. Can You Speed Up the Process?

Unfortunately, there is no fast-track mechanism for the military authorization. However, working with a specialized legal firm can help streamline the process and avoid costly mistakes or omissions in documentation.

Conclusion: Buying Rustic Property in Spain as a Non-EU Citizen

Buying rustic land in Spain as a non-EU citizen involves an additional layer of regulation that most investors are unaware of. The military authorization is not a mere formality; it is a legal requirement, and its absence can prevent or invalidate a property acquisition.

Whether you are acquiring a holiday finca, planning to build a home on rustic land, or inheriting rural property in protected zones, it is vital to seek legal advice early and confirm whether this permit applies to your case.