Military Authorisation to Buy


Military Authorisation affects only non-EU foreigners (although resident in Spain) and it is unusual, however , in certain areas , including the acquisition of real property or real rights there is a need to obtain authorisation from the Spanish Military Ministry.

Areas like Torrevieja, Orihuela, San Miguel de Salinas, Torre Pacheco, Balsicas, Cartagena, Mazarron, are areas with such restrictions.

This obligation is regulated by the Law 8/1975, and the Royal Decree 689/1978. Although this law is considered outdated in modern times, it is in full force and it is necessary to have to have it in mind because it could delay a purchase for non-EU buyers if they are unaware.

This regulation states in Article 40 . 1. “For the purposes set out in previous articles, notaries and property registrars shall require the presentation of a military authorisation, prior to the granting or registration of public documents relating to the acts or contracts affecting to properties, real estates, transmission of domain, or establishment of real rights to those articles refer.”

So this is an authorisation which must be provided prior to completing the sale.

So, all non-EU nationals (except Switzerland and Norway, which are not considered under the agreement) who want to buy a property in a military area may require the authorisation of the Ministry of Defence.

To get this permission, non-EU citizens have to present to the military authority of the region:

– A criminal record (obtained in their country of origin, legalized and officially translated)
– Photocopy of passport and residence card, if they have it
– Detailed plan of the house in a scale not less than 1/500 and a location map of the property.

We can help you with any of this if you are considering a property in a military zone, so please contact us if you need assistance or if you are looking to buy a property on the coast.

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