Updated: 5 November 2025
Buying property in Nueva Andalucia is one of the most appealing investments in Marbella’s real estate market. Known for its luxury homes, golf courses, and international appeal, Nueva Andalucia attracts buyers from all over the world. However, understanding the legal requirements and due diligence process is essential to ensure your purchase is valid and secure under Spanish law.
Why Legal Checks Matter
Nueva Andalucia is part of Marbella’s high-value property market, which makes legal compliance crucial—especially for foreign investors. According to Quintessentia Property Advisors, over 65% of property purchases in Nueva Andalucia involve international buyers. This means understanding Spanish property law and residency regulations is vital for anyone buying here.
“Proper legal checks are the backbone of safe property investment in Nueva Andalucia.”
Identification Requirements for Buyers
When buying property in Nueva Andalucia, every buyer must obtain a Número de Identificación de Extranjero (NIE)—a unique tax identification number for foreigners. The NIE is mandatory for:
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Property purchases
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Mortgage applications
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Utility contracts
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Tax filings
You can request an NIE at a Spanish consulate abroad or a local police station in Spain. Without it, the purchase cannot be registered at the Land Registry.
Opening a Spanish Bank Account
A Spanish bank account is required for all property transactions. Payments such as deposits, mortgage installments, and taxes must be processed through a Spanish bank. Opening an account typically requires:
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A valid passport
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Proof of address
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The NIE number
Many non-resident buyers open their accounts early to simplify the payment process.
Taxes When Buying Property in Nueva Andalucia
The taxes depend on whether you buy a new-build or resale property:
| Property Type | Primary Tax | Rate (%) | Extra Costs (%) |
|---|---|---|---|
| Resale | ITP | 7 | 2–3 |
| New Build | VAT + AJD | 10 + 1.2 | 2–3 |
Additional costs include notary fees, legal fees, and registration fees. Buyers should budget around 10%–12% of the purchase price for all transaction-related expenses.
Legal Representation
While not mandatory, hiring an independent lawyer is strongly recommended when buying property in Nueva Andalucia. A qualified lawyer will verify ownership, check for debts, ensure building licenses are valid, and review all contracts.
“Independent lawyers safeguard buyers from costly mistakes.” – Marbella Legal Council
The Role of the Notary
The notary ensures that all contracts meet Spanish legal standards. The final deed, known as the Escritura de Compraventa, is signed in the notary’s presence. The notary verifies identities, confirms payments, and reads the contract aloud before submission to the Land Registry for official ownership transfer.
Due Diligence Process
Due diligence is the foundation of a secure purchase. It involves reviewing the Nota Simple (a legal record from the Land Registry) to confirm ownership and debts. Lawyers also check:
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Urban planning permissions
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Community fees
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Property boundaries
Any issues, such as existing mortgages or violations, must be resolved before finalizing the sale.
Can Foreigners Buy Property in Nueva Andalucia?
Yes, foreigners can freely buy property in Spain, including Nueva Andalucia. Both EU and non-EU citizens can invest without restriction. However, compliance with anti-money laundering regulations is mandatory, requiring proof of the source of funds for all transactions above €10,000.
Mortgages and Legal Requirements
Spanish banks require a formal appraisal and registration before issuing a mortgage. The mortgage deed is signed alongside the purchase deed before the notary. Most banks also require home insurance as part of the mortgage approval process.
Step-by-Step Legal Process
The legal process for buying property in Nueva Andalucia usually follows five stages:
| Step | Action | Typical Timing |
|---|---|---|
| Reservation | Deposit paid, property off the market | 1–2 weeks |
| Private Purchase Contract | 10% deposit, terms agreed | 2–4 weeks |
| Due Diligence | Legal and financial checks | 4–6 weeks |
| Notary Completion | Deed signed, keys delivered | 6–8 weeks |
| Land Registry | Ownership officially recorded | 8–10 weeks |
This structured approach ensures legal compliance and transparency at every step.
Golden Visa Opportunities
Foreigners investing €500,000 or more when buying property in Nueva Andalucia can qualify for Spain’s Golden Visa program. This visa grants residency rights to the investor and their family and is renewable every two years. It’s especially attractive for non-EU buyers seeking EU mobility and lifestyle benefits.
Risks of Skipping Legal Steps
Skipping legal checks can expose buyers to serious risks—properties with hidden debts, illegal extensions, or missing licenses. Unregistered properties might even face demolition orders.
“Cutting corners in legal checks can cost far more than legal fees.”
FAQs About Buying Property in Nueva Andalucia
Can I buy property without visiting Spain?
Yes. You can grant power of attorney to a lawyer who will complete the process on your behalf, including NIE application and notary signing.
How much are legal fees?
Typically, 1%–1.5% of the purchase price.
Do I need a translator?
Yes, non-Spanish speakers must have an authorized translator present at the notary.
What is a Nota Simple?
It’s an official document confirming ownership and any debts linked to the property.
Are there inheritance laws to consider?
Yes. Spain applies forced heirship rules, but EU Regulation 650/2012 allows international buyers to choose their home country’s inheritance law.
