Staying in Spain for more than 90 days while owning property. Everything you need to know.

Are you wondering what it's like to stay in Spain for more than 90 days if you own property there? Learn about the most important rules and formalities you need to complete if you plan to stay on the Iberian Peninsula for more than 3 months.

The European Union allows free movement of people between member states. This means that you can travel without a passport and spend 90 days in Spain without worrying about bureaucracy. However, if you plan to stay longer, you will need to register, regardless of whether you own property on the Iberian Peninsula. A stay in Spain exceeding 90 days must comply with specific formalities, even if you have an apartment or house there.

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05.05.2025

Are you interested in a shorter trip to Spain? If you plan to stay in the country for a maximum of 90 days, you do not need to register anywhere or complete any formalities. Both the European Union and the European Economic Area allow the free movement of people. This means that you can travel between countries by simply presenting your passport or ID card, which must be valid for the entire duration of your stay. If you use the mObywatel app, please remember that it is not a substitute for a physical ID document!

Although the free movement of persons has reduced detailed border checks, under Spanish law you may be asked by the authorities to indicate the reason for your travel or to prove that you have sufficient financial means.

When talking about staying in Spain, it is also worth mentioning the 90/180 day rule that applies in the Schengen area. In practice, this means that you can spend a maximum of 90 days (3 months) in a given country within a 180-day period (6 months), not necessarily consecutively. However, this rule only applies to citizens of non-EU countries that are covered by visa-free travel.

According to local law, staying in Spain for more than 90 days requires registration. What does this mean in practice?
 

• Obtaining an N.I.E. (Número de Identificación de Extranjero) number – this is an individual identification number assigned to foreigners. It is the Spanish equivalent of the Polish NIP. You will need it, among other things, to settle taxes, sign an employment contract, open a bank account or obtain the right to use public health insurance. You can obtain an N.I.E. number in Spain by visiting your local police station (Policía Nacional), at the embassy in Poland or through a representative.
   
• Registration in the Central Register of Foreigners (Registro Central de Extranjeros) – the application must be submitted either at a police station or at the district Office for Foreigners (Oficina de Extranjería). You will need your passport or ID card and proof of employment, sufficient financial means and health insurance.
   
• Obtaining a Certificate of Registration as a Citizen of the European Union (Certificado de registro de ciudadano de la U.E.) – this is confirmation of legal residence in Spain, which allows you to fully enjoy the rights and privileges of residents. The certificate is usually valid for 5 years.
   

Read also: Buying an apartment in Spain for rent. What do you need to know?

When planning a stay in Spain for more than 90 days, keep financial issues in mind. If you spend more than 183 days there in a calendar year, you will have to settle your taxes not in Poland, but with the Agencia Tributaria, i.e. the local tax office. This means that you will be considered a tax resident, even if you have only spent a few days in Spain at a time.

Importantly, in this situation, you settle all your income with the Agencia Tributaria, not just that earned in Spain. Tax resident status comes with specific obligations, namely the need to pay:
 

• IBI (Impuesto sobre Bienes Inmuebles) – property tax levied by local authorities,
   
• IRNR (Impuesto sobre la Renta de No Residentes) – income tax for non-residents renting property, 
   
• IRPF (Impuesto sobre la Renta de las Personas Físicas) – personal income tax for residents.
   

As in Poland, in Spain, failure to pay taxes may result in financial and legal consequences. These include penalties and interest, loss of tax relief, and if you plan to sell your property, problems with the transaction (IBI). In addition, you risk legal proceedings and even seizure of your flat or house.

When legalising your stay in Spain for more than 90 days, it is necessary to have health insurance – public or private. Importantly, it does not have to be local. You can also purchase it in Poland. The most important thing is that it covers the costs of any medical treatment. Remember that when travelling within the EU, you can use the EHIC, or European Health Insurance Card. This solution is particularly useful at the beginning of your stay.

By obtaining resident status, you can not only pay lower taxes, but also obtain a public health card, or Tarjeta Sanitaria Individual (TSI). With this card, you can use medical care within the SNS. To obtain it, you must register with the social security system (Seguridad Social) and then at your local health centre (Centro de Salud). An alternative is to purchase private health insurance.

What else should you remember if you are staying in Spain for a longer period of time?
 

• Registration (Empadronamiento) – this allows you to use healthcare services and enrol your children in school. To obtain it, you need to go to the town hall (Ayuntamiento). Registration is issued on the basis of documents confirming your residence, among other things.
   
• Driving licence – initially, you can use your Polish licence, as you have up to two years to exchange it. If you are driving a car purchased in Poland, you must re-register the car within six months of crossing the border.
   

If you plan to stay in Spain for more than 90 days, remember that owning property does not automatically grant you resident status. That is why you should not forget to complete the necessary formalities, such as obtaining an N.I.E. number or registering with the Registro Central de Extranjeros and Empadronamiento. You can do this at the municipal or local authority office corresponding to your place of residence. If you are planning a longer stay and want to buy an apartment or house in Spain, check out the details of the offer from the Polish real estate agency Elite World Estates!

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Let us narrow down the search among the properties available through us, by contacting us and finding the best options for you. 
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Please enter your contact details below and we will contact you as soon as possible.

Let us narrow down the search among the properties available through us, by contacting us and finding the best options for you. We are here to help you! Please enter your contact details below and we will contact you as soon as possible.

Let us narrow down the search among the properties available through us, by contacting us and finding the best options for you. We are here to help you!
Please enter your contact details below and we will contact you as soon as possible.