The arras contract when buying with a mortgage in Alicante

In Alicante, as anywhere in Spain, the first document a non-resident buyer usually signs is not the mortgage deed but a private reservation contract, known as the arras. It commits both sides to the sale, fixes the price and sets a date for completion at the notary, and it normally requires a deposit to be paid on signing.

For a buyer who still needs a Spanish mortgage to complete, the question is simple but important: what happens to that deposit if the bank's answer, once the file is studied, is not the one you hoped for? The answer depends almost entirely on how the arras contract is worded before you sign it.

Alicante province stretches along Spain's southeastern Costa Blanca, combining lively coastal towns like Benidorm and Torrevieja with quieter inland villages and traditional cities such as Alicante itself. It attracts a wide mix of foreign buyers, from retirees seeking year-round mild weather to families and investors drawn to beach access and established expat communities.

Alicante Airport provides strong international connections, making the area easy to reach for both permanent residents and holiday-home owners. Property types range from modern apartments and coastal villas to inland townhouses, with the region generally quieter outside the summer high season.

This section brings together dated, sourced data on Alicante (province): who lives there, what properties are asking for, how the area connects to the rest of Spain, and its climate. Reading them first should give you a clearer, realistic sense of Alicante (province) before you size a mortgage budget.

According to the INE annual census, 2,033,566 people were registered as living in the whole of Alicante province on 1 January 2025. The count takes in every town and village across the province, not only its capital. In the province of Alicante, 497,387 residents hold a foreign nationality, about 24 of every 100 people registered there. That is a significant but not dominant share, and it varies considerably from one town to another within the province.

According to INE, 68,904 British nationals were registered in the province of Alicante on 1 January 2025, among the largest foreign communities found there. This suggests that compatriots of the reader are well settled throughout the province. The figure has fallen since 2021, when 75,925 were registered. Such decreases are usually gradual, as residents relocate or fail to keep their registration up to date. The table below lists the largest foreign nationalities registered in Alicante (province) on 1 January 2025, among those INE publishes for every municipality.

For nationalities the census groups together rather than listing them individually, such as Germans, Italians, Dutch, Belgians or Scandinavians, we turn to the detailed INE register for Alicante province. Unlike the table above, this count dates from 1 January 2022, the most recent detailed edition.

Of the 33,334 homes for sale across the province of Alicante, the median asking price is €2,730/m² and the median ticket €269,000 in our data. That puts the province near the middle of the table, close to the €3,135/m² median across the 130 towns we track. Half of the properties currently listed are priced between €1,880 and €3,650 per square metre, with cheaper and more expensive homes on either side of that middle band.

In Alicante (province), the regional transfer tax rate of 9 % applied to the median asking price of €269,000 gives a tax bill of about €24,200, plus roughly €3,200 for notary, registry and gestoría charges. That puts the total near €27,400, money the mortgage will not cover. All prices shown are asking prices from adverts active on 2026-11-01, not completed sales. The price eventually paid is always a matter of negotiation, shaped by condition, precise location and orientation.

This table sets out population, foreign residents per 100 people and median price per square metre for the towns we track in Alicante (province), highlighting how much local markets can vary.

INE's experimental statistic, based on listings from the main holiday-rental platforms, counted 32,148 holiday-let homes in Alicante (province) in 05/2026 (164,954 bed places), about 16 per 1,000 residents. That is a moderate presence, and tourist letting still requires a regional licence.

As Alicante is served by only one commercial airport, Aeropuerto de Alicante-Elche (ALC), buyers near the provincial border should also weigh up whether an airport just across the boundary might be more convenient. Because Alicante is where these climate figures were measured, other parts of the province, further inland, at higher altitude or on separate islands, can feel quite different. With January averaging 11.7 °C and overnight lows around 6.3 °C, against an August mean of 26.0 °C and highs near 30.8 °C, winters are mild rather than warm. Checking the heating in any home is a sensible step. Annual rainfall runs to about 311 mm, recorded on roughly 38 days, a clearly dry pattern. Sunshine totals around 2,851 hours a year. Climate data come from AEMET's 1981-2010 normals, recorded at its Alacant/Alicante station around 3 km away; the actual spot may vary a little, particularly further inland or higher up.

In the twelve months to 07/2026, 51,383 homes changed hands in the province of Alicante, INE figures show. Such activity tends to bring more reference prices and a larger selection for anyone searching. These are province-wide figures for Alicante, and they can differ substantially depending on the town and the property in question. Tell us about your plans and we will go through the numbers for your case.

The transfer tax on a resale home is set by each Spanish region. In Alicante the general rate is 9 %, and on top of it come notary, land registry and gestoría (roughly one more percent). On a new build you pay 10 % VAT plus stamp duty instead of the transfer tax. This money is not lent by the bank.

The arras is a private contract between buyer and seller, agreed before the notary and before the bank hands over any funds. It usually names the agreed price, the completion date, and the deposit paid as a down payment on account of that price. Spanish law recognises more than one kind of arras: penitenciales, which allow either party to withdraw under agreed penalties, and confirmatorias, which bind both sides more tightly and leave less room to walk away. The wording matters as much as the amount.

For a buyer who is financing the purchase with a Spanish mortgage, the arras should never be treated as a formality. Once it is signed, the deposit is at stake, and the seller will expect you to complete within the agreed weeks, whether or not your mortgage has been approved by then.

The safest structure for a non-resident buyer is an arras contract that includes a suspensive condition: the sale, and the loss of the deposit, apply only if the buyer fails to complete for reasons other than a lender's decision on the loan. In practice this means the contract states plainly that completion is subject to the buyer obtaining mortgage approval within a stated period, and that if no Spanish bank approves the loan on reasonable terms within that period, the buyer can withdraw and recover the deposit.

Without that clause, a buyer who signs the arras before any bank has reviewed the file is taking on the seller's risk as well as their own. If the loan does not come through in time, the seller can usually keep the deposit under a standard penitential arras, even though the buyer did nothing wrong beyond trusting that financing would arrive. This is why we recommend starting the mortgage study in Alicante before, or at the very latest alongside, the negotiation of the arras text.

Once the mortgage is approved and the arras deposit is applied to the price at the notary, the obligations do not end. As a non-resident owner you will file an annual Modelo 210 tax return in Spain, and because Spain and the United Kingdom have a double taxation agreement, a tax adviser can confirm how any Spanish rental income or future gain should also be reported to HMRC. If you ever sell, the buyer will withhold 3% of the price against your Spanish tax bill.

Because you are paying in euros from a sterling income, it is also worth tracking the exchange rate between signing the arras and completing at the notary; a shift in GBP/EUR between those dates can change what the deposit and the final payment actually cost you.

Spain is a relatively short flight away from most UK airports, making regular visits to a Spanish property straightforward for owners based in Britain. Many British buyers are drawn to Spain for its climate, coastal lifestyle and established expatriate communities. One practical point to bear in mind is that Spanish inheritance law differs from UK rules, so it is worth taking specific advice on how it may affect the property and one's estate. Currency movements between sterling and the euro can also affect the overall cost of purchase and ongoing expenses.

Spain and the United Kingdom have a double taxation agreement in place, and a local tax adviser should confirm how rental income or gains from Spanish property must be declared and reported to HMRC.

As the United Kingdom is no longer an EU member state, British citizens may stay in Spain for up to 90 days in any 180-day period without a visa, and must apply for a visa or residence permit for longer stays.

Since the United Kingdom uses the pound sterling (GBP) rather than the euro, buyers should factor in exchange-rate movements and currency conversion costs when paying for a property or transferring funds to Spain.