Legal Requirements in Marbella are a crucial consideration for any foreign buyer entering the Spanish property market. While purchasing real estate in Marbella is a straightforward process, understanding the legal steps, documentation, taxes, and procedures is essential to ensure a smooth and secure transaction. The following guide outlines everything buyers need to know in 2025, including updated rules now that the Golden Visa no longer exists.

Is a lawyer required when buying property in Marbella?

Hiring a lawyer is not part of the mandatory Legal Requirements in Marbella, but it is highly recommended. A qualified lawyer will:

Verify legal ownership
Check for debts or encumbrances
Review planning and licensing
Draft and negotiate contracts
Coordinate completion at the notary

Most foreign buyers choose to work with an independent lawyer because it is the safest and most efficient way to avoid legal risks.

Bottom line: not legally required, but strongly recommended as best practice.

What documents are required to buy property in Marbella?

To meet the Legal Requirements in Marbella for property purchases, buyers must typically provide:

Valid passport or ID
NIE (Número de Identificación de Extranjero) – essential for taxes, banking, and registration
Proof of funds/source of funds (AML compliance)
Spanish bank account for payments, utilities, taxes, and mortgages

Your lawyer will also verify seller-side documents:

Nota Simple (Land Registry report)
Title deed
Community fee receipts
Local tax receipts
Certificates indicating the property is free of debts

Note: Without an NIE, buyers cannot complete the transaction at the notary or register ownership.

How does the notary process work in Marbella?

As part of the Legal Requirements in Marbella, all property transfers must be documented as a public deed (Escritura Pública) before a Spanish notary. The notary:

Confirms identities
Ensures legal compliance
Reads and authorizes the contract

After signing, the deed is submitted to the Land Registry, which officially secures ownership against third parties and is necessary for obtaining financing.

In Spain, the purchase is not fully protected until it is notarized and registered.

What taxes must be paid when buying property in Marbella?

Taxes form an important part of the Legal Requirements in Marbella. Rates differ depending on whether the property is a resale or a new build.

Resale properties

Transfer Tax (ITP): 7% in Andalusia

New build properties

VAT (IVA): 10%
Stamp Duty (AJD): ~1–1.5% (typically 1.2%)

Other common costs

Legal fees: ~1%
Notary + Registry fees: ~0.5–1%

General guideline:
Expect to pay 10–12% extra for resale purchases and slightly more for new builds due to VAT.

Regional comparison (Andalusia: Marbella & Estepona)

Location	ITP (Resale)	IVA (New)	AJD (New)	Notary + Registry
Marbella	~7%	10%	~1–1.5%	~0.5–1%
Estepona	~7%	10%	~1–1.5%	~0.5–1%

Can foreign buyers get a mortgage in Marbella?

Yes. Financing forms part of the practical Legal Requirements in Marbella for many buyers. Spanish banks lending to non-residents generally offer:

LTV: 60–70%
Term: 15–25 years
Documentation: proof of income, tax returns, bank statements, credit report

It’s advisable to obtain mortgage pre-approval before signing the private contract.

How long does the property purchase process take?

A typical transaction takes 6–12 weeks, depending on due diligence and mortgage approval.

Standard payment timeline

Reservation deposit (€3,000–€10,000)
Private purchase contract (Contrato de Arras) – ~10% deposit
Completion at the notary and payment of the remaining balance

(Clarification: The 10% deposit is at the private contract stage, not at reservation.)

Are there restrictions for non-EU buyers in Marbella?

No. Under the Legal Requirements in Marbella, foreigners of any nationality can buy property freely and do not need Spanish residency to do so.

Important 2025 update: Golden Visa abolished

Spain’s former Golden Visa (residency for €500,000+ property investment) has been discontinued.

New applicants cannot obtain residency through real estate purchases.
Existing Golden Visa holders may continue renewing under the previous regulations.
Alternative residency options include:
- Non-Lucrative Visa
- Digital Nomad Visa
- Entrepreneur visas not linked to property alone

What is the role of the Land Registry in Marbella?

The Land Registry is central to the Legal Requirements in Marbella because it:

Confirms legal ownership
Lists debts, liens, and encumbrances
Protects ownership rights
Is necessary for mortgage financing

A buyer’s title is not fully protected until it is registered.

What additional costs should buyers expect?

In addition to taxes, the Legal Requirements in Marbella involve several other costs:

Legal fees: ~1–1.5%
Notary + Registry: ~0.5–1%
Mortgage appraisal/arrangement: varies by lender
Community fees: €50–€400+ per month
IBI (local property tax): ~0.3–1.1% annually
Insurance and utility setup

Total estimated closing cost: ~10–13% of the purchase price.

How do inheritance laws affect foreign buyers?

Spain has forced-heirship rules, but under EU Regulation 650/2012, eligible foreign buyers can select their national law to govern inheritance through a Spanish will.

Recommendation: Draft a Spanish will coordinated with your home-country estate plan.

What should buyers know about off-plan purchases?

Off-plan purchases involve additional Legal Requirements in Marbella:

Ensure all deposits are protected by bank guarantees
Confirm the building licence and planning compliance
Review the developer’s reputation and delivery timeline

Off-plan properties often offer 10–15% savings, but must be handled with proper legal oversight.

What is the role of escrow accounts in property transactions?

Escrow accounts add security by holding deposits until contractual obligations are met. This is especially valuable for high-value or off-plan transactions.

Common pitfalls buyers should avoid

Not using an independent lawyer
Failing to check debts or encumbrances
Signing before mortgage pre-approval
Underestimating closing costs
Not drafting a Spanish will

FAQ on Legal Requirements in Marbella

Is an NIE required for all buyers?
Yes. It is mandatory for completion and registration.

Can property be purchased remotely?
Yes, with a Power of Attorney.

What if a property has outstanding debts?
Debts are tied to the property, not the owner. Your lawyer must ensure they are cleared.

Do buyers need a Spanish bank account?
Practically yes, for taxes, utilities, and mortgage payments.

What is the usual deposit structure?
€3,000–€10,000 reservation, then ~10% at the private contract.

What are the legal requirements for purchasing property in Marbella?