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Is the 90/180 day rule changing for Brits in Spain?

Mat Marsden
Mat MarsdenFoxes Finance & Legal
4 min read

Last reviewed August 2026

No. As of August 2026 the rule still applies in full.

Nothing has been agreed, and nothing is close. What has changed is how carefully your days are counted: since 10 April 2026 they are recorded automatically at the border rather than stamped in your passport.

Every few months a headline suggests Spain is about to let Britons stay six months, or scrap the limit altogether. Those headlines are usually reporting something real, because Spanish officials genuinely do want the rule relaxed. What they leave out is that Spain cannot do it alone, which is why four years of these stories have changed nothing.

Here is where it actually stands, and what to do if you want more than 90 days in Spain.

90 daysThe most you can stay, visa free
180 daysA rolling window, counted backwards
29 countriesShare the same 90 days with Spain
10 Apr 2026Days counted automatically since

What the rule is right now

As a British citizen you can spend up to 90 days in any rolling 180 day period in the Schengen area, without a visa. Three things people get wrong:

  • It is a rolling window, not a calendar one. On any given day, count back 180 days and add up the days you were in the zone. It is not 90 days per half year.
  • It covers the whole Schengen area, now 29 countries, not Spain alone. A week in France or Portugal comes out of the same 90 days.
  • It is a limit on visiting, not a right to live. Even inside your 90 days, you are a visitor.
The rolling window in practice: if you spent March and April in Spain, those days stay on your count until they drop out the back of the 180 day window. Two long visits in the same half of the year is where most people trip up, not one long one.

What has actually changed: the days are now counted for you

This is the real news the old headlines miss. The EU Entry/Exit System has been fully operational since 10 April 2026, after a phased rollout that began in October 2025.

Passport stamping has gone. Your entry and exit are recorded electronically instead, with fingerprints and a facial image taken on your first crossing. The effect is simple: the count is now automatic and exact. An unstamped passport or a faded stamp used to go unnoticed. Now the system knows, and an overstay is flagged at the border without anyone having to work it out.

If you have been treating the 90 days as approximate, that era is over. Overstaying can mean a fine or a ban on returning. The penalties vary by country and by case, so there is no single figure to quote, and no version of this worth testing.

What is coming: ETIAS

ETIAS is a travel authorisation, not a visa. Once it starts, British citizens will apply online before travelling and it will be linked to their passport.

ETIAS in short
Cost 20 euros
Free for Under 18s and over 70s
Valid for Up to 3 years
Extra days it gives you None
The EU timeline has pointed at the last quarter of 2026, but no start date is fixed and the EU has said it will give several months of notice. Treat any specific date you see quoted as a guess.

So why do the headlines keep coming?

Because the pressure behind them is genuine. In May 2026 Spanish officials and tourism bodies asked Brussels to relax the rule for British visitors, arguing that second home owners and long stay visitors are worth more to Spain than the limit costs it. A UK parliamentary petition followed in July 2026. Similar campaigns ran in 2022 and 2023.

The obstacle is not the willingness of Madrid. Visa free access to the Schengen area is set at EU level, not country by country, so Spain cannot grant Britons longer stays on its own. Changing it would need agreement across the EU, and it would sit inside the wider UK and EU relationship rather than being a favour one country can hand over.

That is why nothing has moved. It might change one day. Plan on the rules as they are, not as the headlines promise them.

What to do if you want more than 90 days

There are real routes, and they work today.

Route What it asks of you Can you work?
Non-lucrative visa About 2,400 euros a month (28,800 a year), plus about 7,200 a year per dependant, and full private health cover No, including remotely
Digital nomad visa About 2,850 euros a month, with no more than 20% of your income from Spanish clients Yes, for foreign clients or employers
Buying a property No income test, but it grants you nothing Not applicable
2026 figures. The non-lucrative threshold is set at 400% of IPREM, which rises most years, so check the current figure before you plan around it.
Buying a property does not give you residency. Spain ended the golden visa on 3 April 2025, so there is no purchase price that buys a permit any more. Owning a home in Spain does not add a single day to your 90.

We have set out each route, and what each one asks of you, in our guide on staying in Spain longer than 90 days.

The part that surprises people: you can still buy, and still borrow

Being limited to 90 days does not stop you buying a property in Spain, and it does not stop you getting a Spanish mortgage. Non-residents buy and borrow here every week. You will need a NIE, a Spanish bank account and a larger deposit than a resident, since lenders typically go to 60 to 70% of the purchase price for non-residents rather than 80%.

The 90 day limit and the mortgage are separate questions. Plenty of our clients own a home in Spain, visit inside their 90 days quite happily, and move onto one of the visa routes later if they decide to.

Free · live rates · no registration

What could you borrow as a non-resident?

Put your own numbers in and see the borrowing, the monthly payment and the cash you need to complete, before you talk to anyone.

Quick estimateLive rates
Purchase price350,000€
You could borrowup to 245,000€
Cash needed≈ 143,500€
Illustrative, at 70% for a non-resident, with buying costs. The calculator uses your numbers.

How a purchase actually runs

Get your NIE and a Spanish account

Both can be done inside a normal visit. Your lawyer can handle the NIE on a power of attorney if your 90 days are tight.

Find out what you can borrow

Before you offer on anything. A decision in principle turns a viewing trip into a shortlist rather than a wish list.

Reserve, then the arras contract

The deposit contract is the point of no return. Have a lawyer read it before you sign, not after.

Formal offer, then completion

The bank issues a binding offer, the FEIN, followed by a 10 day reflection period before signing at the notary.

None of this needs residency. Every step above is open to a visitor inside their 90 days, and much of it can be done remotely on a power of attorney if you would rather not spend the days on paperwork.

Common questions

Has the 90/180 rule changed?

No. As of August 2026 it still applies to British citizens in full.

Is Spain about to scrap it?

Spain has asked the EU to relax it, most recently in May 2026, and a UK petition followed in July. Nothing has been agreed, and the decision sits with the EU rather than with Spain alone.

Does the Entry/Exit System change how many days I get?

No. It changes how they are counted. Since 10 April 2026 your entries and exits are recorded biometrically instead of stamped, so overstays are picked up automatically.

Do I need ETIAS yet?

Not yet, it has not started. When it does it will cost 20 euros, last up to three years, and give you no extra days.

Can I buy a property in Spain if I can only stay 90 days?

Yes. Buying and borrowing are open to non-residents, and owning property does not extend your stay.

Does buying a house get me residency?

No. The golden visa ended on 3 April 2025.

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This article is general information about immigration rules, not immigration advice. Rules change and individual cases differ, so check the current position with the Spanish consulate or a qualified immigration lawyer before making plans. Foxes is a Spanish mortgage and legal firm registered with the Bank of Spain, registration D470.

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