The mobility rules for UK second-home owners in the EU, who are not legal EU residents (and therefore not covered by the EU/UK Withdrawal Agreement), will probably depend on the freedom of movement clauses of any future agreement between the UK and the EU.
Until 31 December (the end of the transition period), British second-home owners will still have the option to apply for Spanish residence status covered by the Withdrawal Agreement. Under Spanish No-Deal contingency plans (March 2019), allowances were made for Britons, who had been unable or unwilling to register before, to apply for residence after the UK had completely left the EU - if they could demonstrate proof of prior residence. So we think that the same could happen now, though no legislation on the Spanish implementation of the Withdrawal Agreement has been published yet.
If freedom of movement for EU/UK citizens is not covered by the future relationship agreement, which seems highly likely, Britons who do not fall under the scope of the Withdrawal Agreement, because they are not resident in the EU, will probably be subject to a rolling restriction of 90 days in any 180-day period within the Schengen Zone.
Case study:
Sarah and Paul used to go to their villa in Spain every September and stay until the middle of May. Now they can go from mid-September to mid-December and then they can go back from mid-March for another three months. However, any other time that they spend elsewhere in the Schengen Zone (for business or pleasure) will reduce the length of time that they will be able to stay in Spain.
It is worthwhile pointing out that, under EU freedom of movement rules, EU citizens are obliged to register in a Member State after only three months residence. Some countries (like France) do not require registration. Others, like Spain, require registration as EU citizens after three months but, in practice, do not strictly enforce this for the large community of EU citizens in the country.
What is the outlook now for UK second-home owners? It appears that the UK is not in favour of Freedom of Movement being included in the Future Agreement. A recent European Parliament resolution urged the EU and the UK to strive towards a high level of mobility rights in the future agreement and regretted the fact that the UK has shown little ambition with regard to citizens’ mobility, which the UK and its citizens have benefitted from in the past;https:
The worst-case scenario for UK second-home owners in Spain is a complete breakdown in EU/UK talks and a 'no trade deal Brexit' (though the Withdrawal Deal protecting UK and EU residents will still remain in place). A 'no deal' could mean the need for visas to travel to EU countries (as required for many other 'third countries'). According to the Political Declaration (agreed before the UK's exit), visa-free travel for UK citizens requires there to be a 'Future Relationship' in place.
Case study:
Sarah and Paul used to go to their villa in Spain every Easter from mid-March and stay until the middle of October. In the case of a No Deal, every time they go to Spain they will need to apply for a visa at the Spanish Embassy which will stipulate the maximum length of time that they can spend in the country.
This is not legal advice and, if you are worried about the situation, we suggest that you consult a lawyer.
