How to Buy Property in Spain: The Complete Guide for International Buyers

Spain is one of the most open property markets in Europe. There are no restrictions on who can buy, the process is well-worn, and on Costa Del Sol you'll find lawyers, banks and agents who work in English every day. It's still a foreign legal system, though, and the order you do things in matters. This guide walks you through a purchase in Marbella from start to finish, the way we'd explain it to a client over coffee.

1. Before you Start: Budget, Brief and Paperwork

Start with an honest total budget, not just a purchase price. On a resale home in Andalucía, taxes and fees add around 8–10%; on a new build, closer to 12–13%. Our guide to the costs of buying in Marbella breaks every item down.

Then get two pieces of admin moving early, because they can take weeks:

• Your NIE. The Número de Identidad de Extranjero is the tax identification number every foreigner needs to buy property. Apply at a Spanish consulate in your home country, or in person at a police station or foreigners' office in Spain (form EX-15). It's an ID number, not a residence permit. Your lawyer can usually apply on your behalf with a power of attorney.
• A Spanish bank account. Not strictly a legal requirement, but in practice you'll need one to pay the deposit, taxes and — once you own — the utilities, community fees and IBI (council tax) by direct debit.

If you'll need a mortgage, get an agreement in principle before you view. Non-residents can typically borrow 60–70% of the price — see our Spanish mortgage guide.

2. Choosing Where and What to Buy

On this coast a few kilometres changes everything: beach or hills, marina buzz or village calm, a 20-minute school run or a five-minute one. Spend time on the ground before you commit to an area, and visit at different times of day. Our comparison of Marbella, Estepona and Benahavís and our area guides are a good place to start.

Decide early between a resale home and a new build. New builds carry different taxes (IVA instead of transfer tax), different protections and different timelines — we cover the trade-offs in new build or resale?

3. Hire an Independent Lawyer

In Spain the notary certifies the deed, but they don't act for you, and they don't investigate the property's history. That's your lawyer's job — and it's the single most important appointment you'll make. Choose one who is independent of the seller and developer, and agree the fee in writing (many charge around 1% of the price plus IVA).

Before you pay anything significant, your lawyer should check:

• The nota simple from the Land Registry: who owns the property, and any mortgages, charges or embargoes on it.
• That the property matches the Catastro (cadastral) description and that everything built has planning permission — extensions, pools and converted terraces included.
• For homes in the countryside, the property's legal status under Andalucía's planning law.
• That IBI, community fees and utilities are paid up to date.
• For new builds, the building licence and the developer's bank guarantee for your deposits.

4. Reservation, Private Contract and Deposit

Once your offer is accepted, the usual sequence on Costa Del Sol is:

1. 1Reservation. A small holding deposit — often €6,000 to €20,000 depending on the price — takes the property off the market while your lawyer does the checks. Make sure the reservation document says when it's refundable.
2. 2Private purchase contract (contrato privado, often an arras penitenciales contract). Usually signed within two to four weeks, with a deposit that brings your total paid to 10% of the price. Under an arras contract, if you pull out you lose the deposit; if the seller pulls out, they return it doubled.
3. 3Completion at the notary. The balance is paid, the deed (escritura) is signed and you receive the keys — typically four to eight weeks after the private contract, or on the agreed date.

5. Completion Day at the Notary

At the notary the buyer, the seller (or their representatives) and usually both lawyers meet. The notary reads the deed, confirms identities and the payment method, and everyone signs. Payment is normally by Spanish banker's draft (cheque bancario) or an instant bank transfer arranged in advance. The seller hands over the keys, and your lawyer then pays the purchase taxes and registers the deed in your name at the Land Registry.

Keep a clear paper trail of where your money came from: Spanish banks and notaries carry out anti-money-laundering checks and will ask.

6. Taxes and Costs When you Buy

Reduced rates exist in Andalucía for main homes at lower price points and for some buyers, such as under-35s buying up to €150,000 — useful, but they rarely apply at Marbella prices. Transfer tax is charged on the higher of the price and the property's official reference value, so an unusually low declared price doesn't save tax. The full breakdown, with worked examples, is in what it costs to buy in Marbella.

7. After you Own: The Running Costs

• IBI — the annual council property tax, set by the town hall on the cadastral value.
• Community fees — for apartments and homes on managed urbanisations: gardens, pools, security, maintenance.
• Basura — the annual rubbish-collection charge.
• Non-resident income tax (IRNR). If you're not tax-resident in Spain, you pay an annual tax even if you never let the property: 19% (EU/EEA residents) or 24% (everyone else) on an imputed income of 1.1% or 2% of the cadastral value. If you let it, you pay on the rental income instead.
• Wealth tax — Andalucía applies a 100% relief for its residents; non-residents outside the EU/EEA are taxed under the national scale, which only bites on larger estates. Take personal advice if your assets in Spain are substantial.

8. Mistakes we See International Buyers Make

• Paying a deposit before a lawyer has checked the property.
• Using the seller's or developer's lawyer to save a fee.
• Forgetting the 8–13% of costs on top of the price when fixing a budget.
• Assuming a pool, extension or garden room is legal because it's there — check the licences.
• Buying a flat to rent to holidaymakers without checking the building and the town allow it — see our holiday rental licence guide.
• Leaving the NIE and bank account until the last week.