How to Buy a Restaurant in Spain – The Complete Step-by-Step Guide

Buying a restaurant in Spain is one of the most exciting moves you can make – and one of the easiest to get wrong if you treat it like buying a house back home. The Spanish hospitality market runs on its own logic: most venues change hands as a traspaso (a lease and business transfer) rather than a property purchase, licences attach in ways that surprise foreign buyers, and staff contracts transfer to you automatically by law. None of this is a problem if you know the process; all of it is a problem if you discover it after signing.

This guide walks you through the entire journey step by step – from defining what you are actually buying, through viewings, negotiation and due diligence, to signing day and your first week as an owner. It is based on what we see every week brokering restaurant sales in Marbella, Estepona, Málaga, Tenerife and beyond.

Step 1: Decide what you are buying – business, lease or bricks

In Spain, “buying a restaurant” can mean three quite different things. A traspaso means buying the business and the right to take over the existing lease: you pay a transfer fee to the outgoing tenant and then pay monthly rent to the landlord. A freehold purchase means buying the premises themselves, with or without an operating business inside. A share purchase means buying the company (usually an S.L.) that owns the business – inheriting its contracts, licences and, importantly, its history. Each route has different costs, taxes, risks and timelines, and the right choice depends on your budget and plans. If you are new to the distinction, start with our detailed guide to traspaso vs freehold.

Step 2: Define your search criteria before you view anything

• Budget – not just the asking price, but working capital for the first months, transfer taxes, legal fees and any refurbishment. As a rule of thumb, keep 20–30% of the purchase price aside for costs and cushion.
• Location and concept – beachfront tourist trade, town-centre year-round trade and residential neighbourhood locals are three different businesses with different seasonality and staffing needs.
• Size and licence type – a small café with a basic licence is a different project from a 200 m² restaurant with a late licence, extraction system and terrace concession.
• Your involvement – will you run the kitchen yourself, manage front of house, or own at arm’s length with a manager? Be honest; it changes which businesses make sense.
• Timing – buying in autumn or winter lets you take over, adjust and train staff before the high season carries you.

Step 3: Search smart – and do not ignore the off-market

Public listing portals show only part of the Spanish market. Many of the best venues – profitable, well-located businesses whose owners do not want staff, suppliers or competitors to know they are selling – change hands discreetly through brokers’ off-market networks. Register your criteria with a specialist broker and you will see opportunities that never reach the portals. When you shortlist venues, visit as a customer first: eat there, watch the flow of trade at different times of day, count covers, and look at the neighbouring businesses. A quiet Tuesday lunch tells you more than any sales brochure.

Step 4: First viewings and the right questions

At formal viewings, go beyond the shiny kitchen. Ask for: the last two to three years of turnover and the current lease terms (duration, rent, review clauses, and whether the landlord’s consent to a transfer is required); the licence documentation (opening/activity licence, terrace licence, late licence if applicable); the staff situation (how many employees, contract types, seniority); and why the owner is really selling. Take note of the rent-to-turnover ratio – experienced operators want rent comfortably below roughly 10% of sales. If the numbers only work “with the extra takings that don’t go through the till”, walk away: you cannot verify them, you cannot finance them, and you inherit the tax risk.

Step 5: Offer, reservation and heads of terms

When you find the right venue, offers are usually made through the broker and, once agreed, documented in a reservation or intent agreement, often with a modest deposit that takes the business off the market while due diligence runs. Make every payment conditional: subject to verification of the licence, the lease, the accounts and the debts. A good broker will structure the timetable – typically two to six weeks from reservation to completion for a straightforward traspaso – and coordinate lawyers on both sides.

Step 6: Due diligence – the step that saves you

This is where deals are won or lost. Your lawyer and advisor should verify, at minimum: the validity and scope of the activity licence and that it matches the actual use (music, kitchen extraction, terrace); the lease contract in full, including transfer (cesión/traspaso) clauses and any landlord participation or rent-increase rights; certificates showing the business is current with the tax agency (AEAT) and social security (TGSS) – because under Spanish law a buyer can be liable for certain existing debts; the employment contracts you will inherit through automatic subrogation; ownership of the equipment (owned, leased or under finance); and any community-of-owners rules or urban restrictions affecting terraces and opening hours. We cover every item in detail in our due diligence checklist for hospitality buyers.

Step 7: Contracts, completion and handover

1. The transfer contract (traspaso agreement or purchase deed) is signed – for freeholds before a notary; for traspasos privately or notarised, with the landlord’s consent or notification handled as the lease requires.
2. Payments are made through traceable bank transfer, with the price allocation (business, fixtures, stock) clearly documented for tax purposes.
3. The change of ownership of the licence (cambio de titularidad) is filed with the town hall, and utilities, terrace fees and supplier accounts are transferred.
4. Staff are formally notified of the change of employer; their contracts, seniority and conditions continue with you by law.
5. Agree a handover period with the seller – even one or two weeks of introductions to staff, suppliers and regulars is worth a great deal.

Step 8: Your first weeks as the new owner

Resist the temptation to change everything at once. Keep the team stable, learn the rhythms of the trade you have bought, meet the suppliers and renegotiate gently, and make cosmetic improvements before structural ones. If you are moving from abroad, sort your personal side in parallel – NIE number, tax registration as autónomo or through your S.L., and the practical realities of operating in Spain, which we cover in our guide to running a restaurant in Spain as a foreign owner.

Done in the right order, buying a restaurant in Spain is a structured, manageable process – and with local specialists guiding the search, the paperwork and the negotiation, most transactions complete within four to eight weeks of finding the right venue. The key is simple: verify everything before you pay, and never fall so in love with a terrace view that you skip the boring documents. The boring documents are the business.

Frequently Asked Questions (FAQ)

How long does it take to buy a restaurant in Spain?

For a straightforward traspaso, expect two to six weeks from an accepted offer to completion, covering due diligence, landlord consent and the transfer paperwork. Freehold purchases take longer – typically one to three months – because a notarised property deed and registry checks are involved. Add search time on top; well-priced venues in prime areas move quickly.

Can foreigners buy a restaurant in Spain?

Yes. There are no nationality restrictions on buying a business or commercial property in Spain. You will need an NIE (foreigner identification number) to transact, and to operate the business you must be able to work legally – automatic for EU/EEA citizens, while non-EU nationals need an appropriate residence and work authorisation, such as a self-employment visa.

What is a traspaso when buying a restaurant in Spain?

A traspaso is the transfer of a running business together with the right to take over its existing lease. You pay a one-off transfer fee to the outgoing tenant, then pay monthly rent to the landlord under the lease terms. It is the most common way restaurants change hands in Spain and requires careful review of the lease and the landlord’s rights before you sign.

How much money do I need to buy a restaurant in Spain?

Traspasos on the Costa del Sol commonly range from around €50,000 for small cafés to several hundred thousand euros for prime, profitable venues, while freeholds cost substantially more. Beyond the price, budget roughly 10–15% for taxes, legal and transfer costs, plus working capital for at least three months of rent, wages and stock. Keep 20–30% of the price in reserve overall.

Do I keep the existing staff when I buy a restaurant in Spain?

Yes – under Spanish employment law (subrogación), employees transfer automatically to the new owner with their existing contracts, salaries and accrued seniority. You cannot simply dismiss them on purchase without normal dismissal rules and costs applying. Reviewing the staff list, contract types and seniority is therefore a core part of due diligence.

Should I use a broker to buy a restaurant in Spain?

A specialist hospitality broker gives you access to off-market venues that never reach public portals, realistic guidance on pricing and rent levels, and coordination of the legal checks, landlord negotiations and licence transfer. For foreign buyers unfamiliar with traspasos, licences and staff subrogation, an experienced local broker typically saves far more than their fee costs.

Thinking about buying or selling a restaurant in Spain?

Restaurant Broker Spain helps buyers find, evaluate and complete restaurant purchases across the Costa del Sol, Tenerife and the rest of southern Spain – with hands-on hospitality experience, off-market opportunities and local legal and transaction support at every step. Call +34 633 164 936, email info@restaurantbrokerspain.com or browse our current restaurants for sale at restaurantbrokerspain.com.