Military permission and its importance for British buyers

The complete entry into force of the famous Brexit and, therefore, the withdrawal of the United Kingdom from the European Union, has brought as a consequence that the British who want to buy a home in certain areas in Spain, must apply for permission or military clearance prior to purchase.

Indeed, certain areas of Spain, such as Torrevieja, Orihuela, Cartagena, the Balearic Islands or the Galician coast among others, although not usual, may be considered a restricted access area in the national interest, and therefore „Military Authorisation“ is required, which must be requested by anyone who at the time of purchase is a non-EU foreigner, regardless of whether or not they reside in Spain, so the British will be directly affected.

But what exactly is this authorisation?

Well, it is a document that must be requested prior to the signing of the sale and purchase of a property, whether urban or rural, before a notary, and whose application must be presented to the Minister of Defence, along with a series of documentation, for approval and granting.

All matters relating to military authorisation are regulated in Law 8/1975 of 12 March 1975 and in the regulation RD 689/1978 of 10 February 1978:

• Personal details of the applicant (NIE, passport, etc).
• Details of the property to be acquired, as precise as possible, including registry and cadastral details, details of the seller, encumbrances on the property, sketch and plan of the property, etc.
• Criminal record certificate from your country (translated and apostilled, unless you live in Spain).

We recommend that, before buying a property, your lawyer should check not only the legality of the property you are going to buy but also whether or not military authorisation is required in order to avoid delays in the purchase of your property.

Please do not hesitate to contact us for more information on military permissions.