Non-EU citizens (including UK citizens post-Brexit) can stay in Spain and the Schengen Area for up to 90 days within any rolling 180-day period. Owning property in Spain does NOT grant any extra time or exemption from this rule. To stay longer, you need a visa or residency permit.
If you own property in Spain but aren't an EU citizen, the 90-day rule affects how much time you can spend in your Spanish home. This Schengen regulation is one of the most misunderstood aspects of Spanish property ownership, particularly since Brexit changed the rules for British buyers.
Many property owners are surprised to learn that owning a home—even a substantial investment—gives no additional rights to stay in Spain. Understanding this rule is essential for planning your visits and avoiding potentially serious consequences of overstaying.
This guide explains exactly how the 90/180 day rule works, how to calculate your allowed days, and what options exist if you want to spend more time in Spain.
What is the 90/180 Day Rule?
The 90/180 day rule is a Schengen Area immigration regulation that limits how long non-EU citizens can stay without a visa. The rule states:
This applies to the entire Schengen Area—26 European countries including Spain, France, Italy, Portugal, Germany, and others. Days spent in ANY Schengen country count toward your 90-day limit.
Understanding the Rolling 180-Day Period
The 180-day period is NOT calendar-based. It's a rolling window that moves with each day. This is crucial to understand:
On any given day, immigration can look back 180 days and count how many days you've spent in Schengen. If it's more than 90, you're overstaying.
You arrive in Spain on January 1st and stay until March 31st (90 days). You must then leave and cannot return until enough days have "dropped off" the 180-day window.
Total: 90 days spread across the year—perfectly legal.
On any date you want to enter Schengen, count back 180 days and total your Schengen days in that period. Subtract from 90 to find your remaining allowance.
Property Ownership Does NOT Grant Extra Time
This is the most common misconception among non-EU property buyers:
Whether you own a €100,000 apartment or a €2 million villa, the 90-day limit applies exactly the same. Property ownership is completely separate from immigration status.
Spain previously offered residency to property investors spending €500,000+. This program ended in April 2025 for real estate investments. Existing Golden Visa holders retain their status, but new property purchases no longer qualify.
Who the Rule Affects
Since January 1, 2021, British citizens are treated as third-country nationals. The 90/180 rule applies in full. This was a significant change for the many British property owners on the Costa Blanca.
Citizens of visa-waiver countries can enter Schengen without a visa but are subject to the 90/180 rule.
Most non-EU citizens face the same restrictions, though some nationalities require visas even for short stays.
EU Citizens: Different Rules
If you hold EU citizenship, the 90-day rule doesn't apply to you. EU citizens have freedom of movement and can:
Stay indefinitely in Spain with only one requirement:
No time limits on your stay in Spain or other EU countries.
Working rights are automatic—no work permit needed.
Healthcare access through the European Health Insurance Card (EHIC) or Spanish public system once registered.
If you have dual nationality including an EU country, you can use your EU passport for Schengen entry and avoid the 90-day restriction entirely.
Calculating Your Days: Practical Examples
You want to spend Easter, summer, and Christmas in Spain.
You want to escape the UK winter.
You visit monthly for business.
Many people think they can stay 3 months, leave for 3 months, return for 3 months. This is WRONG.
Consequences of Overstaying
Overstaying is taken seriously. Consequences can include:
Fines:
Entry bans:
Detection:
At the airport:
Impact on property:
Impact on property:
Options for Staying Longer
If 90 days isn't enough, several visa options exist:
Non-Lucrative Visa (NLV):
Digital Nomad Visa:
Self-Employment Visa (Autónomo):
Retirement Visa:
Student Visa:
All these visas lead to temporary residency, and after 5 years, you can apply for permanent residency.
UK Citizens After Brexit: Specific Guidance
Brexit significantly changed the situation for British property owners in Spain:
Those registered as residents before December 31, 2020 retain their rights under the Withdrawal Agreement. Your TIE (Tarjeta de Identidad de Extranjero) confirms this.
For new UK buyers:
Healthcare considerations:
Healthcare considerations:
Planning Your Time Wisely
Record every entry and exit date. Calculate remaining days before each trip. Several apps exist specifically for Schengen day counting.
If you want more than 90 days in Europe but not necessarily Spain:
Document everything:
Build relationships:
Build relationships:
Using Your Property as a Holiday Home
Many non-EU property owners successfully use their Spanish homes as holiday properties within the 90-day limit:
Typical usage pattern:
When you're not there:
Making the most of visits:
Future planning:
Future planning:
The Bottom Line
The 90-day rule is a reality for non-EU property owners, but it doesn't have to limit your enjoyment of your Spanish home. With careful planning, you can maximize your visits while staying within legal limits. If you find 90 days isn't enough, visa options like the Non-Lucrative Visa or Digital Nomad Visa provide pathways to longer stays and eventual residency.
Thinking about buying property on the Costa Blanca? We help buyers from all nationalities find their perfect Spanish home, and can connect you with immigration specialists to plan your future visits. Contact us to discuss how property ownership works alongside your lifestyle goals.
Need help navigating the process? Book a free 30-minute consultation with our experienced team. With 12+ years on the Costa Blanca, we'll guide you through every step.