This appears to be a young western Hermann's tortoise. Do you have any other photos? Can you take a photo of it's plastron (bottom shell)?
There are some populations along the east coast of Spain along the coast, up to near the French border, but they are fairly rare. Where is your house located? Since it is a wild tortoise, it would be better if left alone rather than keeping it in captivity.
We’re in Moia its fairly close to Barcelona. We did consider western Hermann's tortoise but it’s range dosent a appear to reach here ? We’re happy to release it but just wanted to make sure it wasent a domesticated species
Yup, definitely a Hermann's based on the solid black bands on the plastron. Beautiful specimen
Here's a range map. there ares with isolated populations in Spain, as shown in green.
HermanniHaven.com is usually a good resource for different locales of Hermann's, but they do not have a write up on the Spanish locales unfortunately. They only note the location: