Buying a property in Marbella is an exciting step, whether it’s a holiday home, investment, or permanent residence. However, understanding the legal process in Spain is essential to ensure a smooth and secure transaction. Marbella Hills Homes works closely with leading lawyers and notaries to protect our clients’ interests at every stage.
This guide outlines the key legal aspects buyers should be aware of when purchasing real estate in Marbella or elsewhere on the Costa del Sol.
1. Obtaining an NIE (Número de Identificación de Extranjero)
Before purchasing a property, all foreign buyers must obtain an NIE, a tax identification number issued by the Spanish authorities. It’s required for signing the title deed, paying taxes, and opening a Spanish bank account. Your lawyer or Marbella Hills Homes can assist with the application.
2. The Role of a Lawyer
Hiring an independent Spanish property lawyer is crucial. They conduct due diligence to confirm that:
- The property has clear title and no outstanding debts.
- It’s correctly registered in the Land Registry (Registro de la Propiedad).
- All planning permissions, occupancy certificates, and utility connections are valid.
Lawyers also manage the signing of contracts, tax payments, and notary appointments — ensuring full legal compliance.
3. Private Purchase Contract (Contrato de Arras)
Once an offer is accepted, both parties usually sign a preliminary contract, known as the Contrato de Arras.
This agreement outlines the purchase price, payment terms, and completion date.
At this stage, the buyer typically pays a 10% deposit, which is forfeited if the buyer withdraws without cause, or doubled if the seller defaults.
4. The Notary and Title Deed (Escritura Pública)
The final step is signing the Escritura Pública (title deed) before a Spanish notary. The notary verifies the identities of both parties, ensures all legal conditions are met, and officially records the transaction. Once signed, the deed is registered with the Land Registry, and the property legally belongs to the buyer.
5. Taxes and Additional Costs
Buyers should budget approximately 10–13% of the purchase price for additional costs, including:
- Transfer Tax (ITP) – for resale properties, is 7%.
- VAT (IVA) and Stamp Duty (AJD) – for new builds, generally 10% + 1.2%.
- Notary and Land Registry fees – around 1%.
- Legal fees – typically 1% of the purchase price.
6. Financing and Currency Considerations
Foreign buyers can obtain Spanish mortgages covering up to 60–70% of the property’s value. It’s advisable to get a mortgage pre-approval early in the process. Additionally, working with a currency exchange specialist can help reduce conversion costs on large transactions.
7. Golden Visa and Residency Options
Spain has officially discontinued the Golden Visa program based on real estate investment as of April 2025. New applicants can no longer obtain residency rights through the purchase of property, even when investing €500,000 or more.
Non-EU buyers interested in residing in Spain still have several alternative visa options, depending on their circumstances. Common pathways include the Digital Nomad Visa (for remote workers and freelancers), the Non-Lucrative Residence Visa (for those with sufficient financial means to live in Spain without working), and the Entrepreneur Visa (for investors establishing innovative businesses).
Your lawyer or relocation advisor can help determine the most suitable residence option and guide you through the application process alongside your property purchase.
8. Ongoing Ownership Obligations
After purchase, owners must pay:
- IBI (property tax) annually.
- Community fees (for shared developments).
- Non-resident income tax if not fiscal residents.
Professional property managers, like those recommended by Marbella Hills Homes, can oversee these responsibilities on your behalf.
9. How Marbella Hills Homes Supports You
At Marbella Hills Homes, we ensure every buyer is guided through the process with complete transparency and expert legal support. Our trusted network of multilingual lawyers, notaries, and tax advisors ensures that each transaction is secure, compliant, and stress-free.
Whether you’re purchasing your first home or expanding your investment portfolio, we’ll ensure your Marbella property purchase is handled with professionalism and care.
Conclusion
Buying property in Spain is straightforward when supported by the right professionals. Understanding the legal aspects — from the NIE to the notary — allows buyers to make confident, informed decisions.
If you’re considering purchasing a villa or apartment in Marbella, contact Marbella Hills Homes today. Our team will guide you through every legal and practical step toward owning your dream home on the Costa del Sol.