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Buying Property in Marbella – Step-by-Step Process for Non-Residents (2026 Guide)

This guide explains the legal, financial, and administrative steps involved when a non-resident buys property in Marbella. It reflects standard practice in Spain as of 2026. Figures are indicative and may change; buyers should always rely on independent legal and tax advice.

1. Legal Right to Buy Property in Spain

Spain does not restrict property ownership by foreigners. Non-residents may buy residential or commercial property with the same ownership rights as Spanish nationals.

There are no residency requirements, minimum stay rules, or ownership caps for foreign buyers in Marbella.

2. Appoint an Independent Lawyer (Before Any Deposit)

A Spanish property transaction is not automatically protected by the notary or estate agent. An independent lawyer acting exclusively for the buyer is essential.

Your lawyer’s role includes:

• Verifying legal ownership at the Land Registry
• Confirming the property is free of debts, charges, or embargoes
• Checking planning status and building licences
• Reviewing community statutes, fees, and reserves
• Drafting or reviewing all contracts
• Handling post-completion registration and tax filings

Lawyers are typically appointed before any reservation payment is made.

3. NIE Number (Mandatory)

An NIE (Número de Identidad de Extranjero) is legally required to:

• Buy property
• Pay purchase taxes
• Register ownership
• Set up utilities

It can be obtained:

• In Spain (police station or immigration office)
• Through a Spanish consulate abroad
• Via a lawyer with power of attorney

Processing time varies from a few days to several weeks.

4. Spanish Bank Account

A Spanish bank account is required to:

• Pay purchase taxes and notary fees
• Set up utilities and community payments
• Pay annual property taxes

Banks must comply with anti-money-laundering regulations and will request:

• Passport
• Proof of address
• Proof of income and source of funds

5. Property Search and Price Agreement

Once a property is selected and a price agreed:

• Confirm exact boundaries and registered size
• Clarify fixtures, fittings, parking, and storage
• Agree a target completion date
• Identify whether the purchase is cash or mortgage-funded

At this stage, no payment should be made without legal guidance.

6. Reservation Agreement (Contrato de Reserva)

A reservation agreement temporarily removes the property from the market.

Typical features:

• Deposit: €3,000–€10,000
• Short validity period (usually 7–14 days)
• Price and basic terms recorded

The agreement should specify that the deposit is refundable if legal due diligence reveals material issues.

7. Legal Due Diligence (Core Protection Stage)

This is the most important phase of the purchase.

Your lawyer will verify:

• Land Registry title matches the seller
• No outstanding mortgages, liens, or embargoes
• Property boundaries align with cadastral records
• Planning permission and first occupation licence (if applicable)
• Community of owners’ debts or disputes
• Utility connections and access rights

If problems are identified, they must be resolved before proceeding.

8. Private Purchase Contract (Contrato Privado de Compraventa)

Once due diligence is satisfactory, a private contract is signed.

Key points:

• Buyer pays 10% of the purchase price (less reservation)
• Completion date is fixed
• Contract is legally binding

If the buyer defaults, the deposit is usually forfeited. If the seller defaults, the buyer may be entitled to double the deposit.

9. Mortgages for Non-Residents (If Applicable)

Non-residents may apply for Spanish mortgages, subject to approval.

Typical terms:

• Loan-to-value: 60–70%
• Term: up to 20–25 years
• Fixed or variable interest rates

Mortgage approval should be obtained before signing the private contract to avoid risk.

10. Completion at the Notary (Escritura Pública)

Completion takes place before a Spanish notary.

On the day:

• Remaining balance is paid
• Title deed is signed
• Mortgage deed is signed (if applicable)
• Keys are released

The notary verifies identity, consent, and payment compliance but does not perform legal due diligence.

11. Purchase Taxes and Costs (Andalusia)

For resale properties in Andalusia:

• 7% ITP (Property Transfer Tax)
• 1–1.5% notary and Land Registry fees
• ~1% legal fees

Total estimated cost: 9–10% of the purchase price

For new-build properties:

• 10% VAT (IVA)
• 1.2% Stamp Duty (AJD)

12. Registration and Post-Completion Formalities

After completion, your lawyer will:

• Register the title deed at the Land Registry
• Change utilities into the buyer’s name
• Register the property for local taxes
• Set up non-resident tax obligations

Registration typically completes within 4–8 weeks.

13. Ongoing Taxes and Owner Obligations

Non-resident owners must pay:

• IBI (annual local property tax)
• Basura (waste collection tax)
• Non-Resident Imputed Income Tax (even if not rented)
• Community fees (if applicable)

If the property is rented, additional income tax and licensing requirements apply.

Typical Timeline for Non-Residents

• NIE and bank account: 1–4 weeks
• Due diligence to private contract: 2–6 weeks
• Completion after contract: 4–8 weeks

Cash purchases often complete within 6–12 weeks.

Common Risks for Non-Resident Buyers

• Paying deposits before legal checks
• Using a lawyer connected to the seller
• Assuming rental permission without verification
• Underestimating total purchase costs
• Relying on verbal assurances instead of written confirmation

Summary

Buying property in Marbella as a non-resident is legally straightforward but procedurally strict. The process relies on independent legal checks, correct tax handling, and formal documentation at each stage. When managed correctly, ownership rights are the same as for Spanish residents.

For any questions, get in touch with our experienced team at SC Marbella today.