Vivienda Libre – free-market property
Vivienda libre refers to properties sold on the open market and is the most common choice among foreign investors.
Key characteristics of vivienda libre:
- Full ownership rights – purchased at standard market price.
- No restrictions on resale or rental.
- Short-term rental allowed, provided legal requirements are met (e.g. tourist rental license).
- High investment flexibility – freedom to sell at any time.
This type of property is ideal for investors who:
- plan to rent long-term or short-term,
- want maximum control over their asset,
- are focused on capital growth and liquidity.
Vivienda Protegida – protected (social) housing
Vivienda protegida properties are subject to public housing regulations designed to make housing more affordable for local residents.
Main features of vivienda protegida:
✓ Lower purchase price due to government or regional subsidies.
✓ Strict legal limitations, including:
- capped resale price,
- buyer income limits.
✓ Mandatory primary residence requirement (registration/address).
✓ Restrictions on resale, often for a period of 5–10 years.
✓ Short-term tourist rental usually prohibited or heavily restricted.
This option may suit buyers who:
- meet income and eligibility criteria,
- are looking for an affordable home to live in,
- do not intend to rent or resell in the near future.
Which property type is better for investors?
From an investment perspective, the difference is clear in most cases:
- Vivienda libre → flexibility, rental freedom, and stronger profit potential.
- Vivienda protegida → lower entry price but significant legal constraints that limit investment use.
If your plan involves:
- short-term holiday rentals,
- long-term leasing,
- resale for profit,
vivienda libre is generally the safer and more profitable choice.
Legal verification – a crucial step before buying
Not all listings clearly disclose whether a property is vivienda libre or vivienda protegida. Before purchasing, it is essential to:
- verify the legal classification of the property,
- review regional regulations,
- confirm rental and resale permissions.
At The Lawyers, we assist investors by:
- conducting legal due diligence,
- identifying hidden restrictions,
- ensuring the purchase complies fully with Spanish law.
Invest in Spain with legal certainty
If you are unsure which property type aligns with your investment goals, professional legal advice can save you time, money, and stress. Our team supports international investors throughout the entire buying process — safely and transparently.
