Property purchase and sale lawyers in Marbella.

01

What we do in a purchase or sale

A property transaction in Spain goes through three signatures: the reservation agreement, the deposit contract (contrato de arras) and the public deed before a notary. Each one commits money and obligations, and most problems are born in the first two, which are usually signed without a lawyer.

• Review and negotiation of the reservation and the deposit contract: deadlines, penalties and conditions precedent (mortgage, licences, building survey).
• Checks on title and charges at the Land Registry, community debts and IBI, and the planning status of the property.
• Coordination with the notary, the mortgage lender and the estate agent; preparation of the deed and review of the draft before completion.
• Payment of taxes, registration at the Land Registry and transfer of utilities and community accounts.
• If you are selling: calculation of the municipal plusvalía and the 3 % non-resident retention, cancellation of charges and secure receipt of the price.

02

Foreign buyers: what changes

To buy in Spain you need an NIE (foreigner’s identification number) and, in practice, a Spanish bank account. If you cannot be in Marbella on completion day, we represent you under a power of attorney, granted here or in your country with an apostille. We explain every step in English or Spanish and tell you what you are signing before you sign it.

We regularly work with buyers from the UK, Northern Europe, the Middle East and beyond. For clients used to a solicitor-led conveyancing process, we fill exactly that role: the notary certifies the signature but does not act for either party.

03

New builds and off-plan purchases

Much of the Costa del Sol is sold off-plan. Before you pay anything we check that the developer holds the building licence, owns the land free of charges, and that every advance payment is secured by a bank guarantee or insurance policy, as Spanish law requires. We review the private contract, the specifications and the delivery dates, and stay with you through handover and the deed.

04

Taxes and costs of the transaction

Budget for taxes from the first number. In Andalusia, a resale purchase pays Transfer Tax (ITP) at 7 %; a new build pays VAT at 10 % plus Stamp Duty (AJD) at 1.2 %. Add notary, Land Registry and processing fees. If you are selling, the municipal plusvalía and capital gains tax under income tax or non-resident tax. We give you the calculation before you sign the reservation.